DELAWARE REGISTER OF REGULATIONS The Delaware Register of Regulations is an official State publication established by authority of 69 Del. Laws, c. 107 and is published on the first of each month throughout the year. The Delaware Register will publish any regulations that are proposed to be adopted, amended or repealed and any emergency regulations promulgated. The Register will also publish some or all of the following information: •Governor’s Executive Orders •Governor’s Appointments •Attorney General’s Opinions in full text •Agency Hearing and Meeting Notices •Other documents considered to be in the public interest. CITATION TO THE DELAWARE REGISTER The Delaware Register of Regulations is cited by volume, issue, page number and date. An example would be: 6 DE Reg. 1541-1542 (06/01/03) Refers to Volume 6, pages 1541-1542 of the Delaware Register issued on June 1, 2003. SUBSCRIPTION INFORMATION The cost of a yearly subscription (12 issues) for the Delaware Register of Regulations is $135.00. Single copies are available at a cost of $12.00 per issue, including postage. For more information contact the Division of Research at 302-744-4114 or 1-800-282-8545 in Delaware. CITIZEN PARTICIPATION IN THE REGULATORY PROCESS Delaware citizens and other interested parties may participate in the process by which administrative regulations are adopted, amended or repealed, and may initiate the process by which the validity and applicability of regulations is determined. Under 29 Del.C. §10115 whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title. The notice shall describe the nature of the proceedings including a brief synopsis of the subject, substance, issues, possible terms of the agency action, a reference to the legal authority of the agency to act, and reference to any other regulations that may be impacted or affected by the proposal, and shall state the manner in which persons may present their views; if in writing, of the place to which and the final date by which such views may be submitted; or if at a public hearing, the date, time and place of the hearing. If a public hearing is to be held, such public hearing shall not be scheduled less than 20 days following publication of notice of the proposal in the Register of Regulations. If a public hearing will be held on the proposal, notice of the time, date, place and a summary of the nature of the proposal shall also be published in at least 2 Delaware newspapers of general circulation. The notice shall also be mailed to all persons who have made timely written requests of the agency for advance notice of its regulation-making proceedings. The opportunity for public comment shall be held open for a minimum of 30 days after the proposal is published in the Register of Regulations. At the conclusion of all hearings and after receipt, within the time allowed, of all written materials, upon all the testimonial and written evidence and information submitted, together with summaries of the evidence and information by subordinates, the agency shall determine whether a regulation should be adopted, amended or repealed and shall issue its conclusion in an order which shall include: (1) A brief summary of the evidence and information submitted; (2) A brief summary of its findings of fact with respect to the evidence and information, except where a rule of procedure is being adopted or amended; (3) A decision to adopt, amend or repeal a regulation or to take no action and the decision shall be supported by its findings on the evidence and information received; (4) The exact text and citation of such regulation adopted, amended or repealed; (5) The effective date of the order; (6) Any other findings or conclusions required by the law under which the agency has authority to act; and (7) The signature of at least a quorum of the agency members. The effective date of an order which adopts, amends or repeals a regulation shall be not less than 10 days from the date the order adopting, amending or repealing a regulation has been pub­lished in its final form in the Register of Regula­tions, unless such adoption, amendment or repeal qualifies as an emergency under §10119. Any person aggrieved by and claiming the unlawfulness of any regulation may bring an action in the Court for declaratory relief. No action of an agency with respect to the making or consideration of a proposed adoption, amendment or repeal of a regulation shall be sub­ject to review until final agency action on the pro­posal has been taken. When any regulation is the subject of an enforcement action in the Court, the lawfulness of such regulation may be reviewed by the Court as a defense in the action. Except as provided in the preceding section, no judicial review of a regulation is available unless a complaint therefor is filed in the Court within 30 days of the day the agency order with respect to the regulation was published in the Register of Regulations. CLOSING DATES AND ISSUE DATES FOR THE DELAWARE REGISTER OF REGULATIONS ISSUE CLOSING CLOSING DATE DATE TIME SEPTEMBER 1AUGUST 164:30 P.M. OCTOBER 1SEPTEMBER 154:30 P.M. NOVEMBER 1OCTOBER 154:30 P.M. DECEMBER 1NOVEMBER 154:30 P.M. JANUARY 1DECEMBER 154:30 P.M. DIVISION OF RESEARCH STAFF: Deborah A. Porter, Interim Supervisor; Rochelle Yerkes, Administrative Specialist II.; Sandra F. Clark, Administrative Specialist II; Kathleen Morris, Unit Operations Support Specialist; Jeffrey W. Hague, Registrar of Regulations; Steve Engebretsen, Assistant Registrar; Victoria Schultes, Administrative Specialist II; Rhonda McGuigan, Administrative Specialist I; Ruth Ann Melson, Legislative Librarian; Lisa Schieffert, Research Analyst; Judi Abbott, Administrative Specialist I; Alice W. Stark, Legislative Attorney; Ted Segletes, Paralegal; Deborah J. Messina, Print Shop Supervisor; Marvin L. Stayton, Printer; Don Sellers, Printer. DELAWARE STATE FIRE PREVENTION COMMISSION State Fire Prevention Regulations....................................................................................................8 DE Reg. 6 (Prop.) DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PROFESSIONAL REGULATION (TITLE 24 DELAWARE ADMINISTRATIVE CODE) 2100 Board of Examiners in Optometry.........................................................................8 DE Reg. 16 (Prop.) DEPARTMENT OF EDUCATION (TITLE 14 DELAWARE ADMINISTRATIVE CODE) 101 Delaware Student Testing Program.................................................................................8 DE Reg. 17 (Prop.) 106 Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II)..........8 DE Reg. 23 (Prop.) 107 Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II)......8 DE Reg. 23 (Prop.) 108 Administrator Appraisal Process Delaware Performance Appraisal System (DPAS II)8 DE Reg. 23 (Prop.) 501 State Content Standards..................................................................................................8 DE Reg. 36 (Prop.) 718 Health Examinations for School District Employees.....................................................8 DE Reg. 37 (Prop.) 805 The School Health Tuberculosis (TB) Control Program................................................8 DE Reg. 38 (Prop.) PROFESSIONAL STANDARDS BOARD 368 Certification School Psychologist...................................................................................8 DE Reg. 41 (Prop.) 1501 Knowledge, Skills And Responsibility Based Supplements For Educators.................8 DE Reg. 73 (Final) 1505 Professional Growth Programs.....................................................................................8 DE Reg. 78 (Final) 1528 Foreign Language Teacher Comprehensive..................................................................8 DE Reg. 80 (Final) 1529 Foreign Language Teacher Secondary..........................................................................8 DE Reg. 80 (Final) 1533 Foreign Language Teacher Elementary........................................................................8 DE Reg. 80 (Final) 1537 Bilingual Teacher (Spanish) Secondary........................................................................8 DE Reg. 80 (Final) 1558 Bilingual Teacher (Spanish) Primary Middle Level.....................................................8 DE Reg. 80 (Final) DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF LONG TERM CARE RESIDENTS PROTECTION Assisted Living Facilities, Regulations for.....................................................................8 DE Reg. 46 (Prop.) 8 DE Reg. 85 (Final) DIVISION OF PUBLIC HEALTH Regulations Pertaining to the Testing of Newborn Infants for Metabolic, Hematologic and Endocrinologic Disorders.................................................................................8 DE Reg. 100 (Final) 203 Cancer Treatment Program......................................................................................8 DE Reg. 107 (Final) 463 Licensing and Registration of Operators of Public Water Supply Systems.............8 DE Reg. 47 (Prop.) DIVISION OF SOCIAL SERVICESDivision of Social Services Manual (DSSM) 9068.1 Certification Period Length........................................................................8 DE Reg. 113 (Final) DEPARTMENT OF INSURANCE 606, (Formerly Reg. No. 31) Proof of Automobile Insurance...............................................8 DE Reg. 55 (Prop.) 607, (Formerly Reg. No. 37) Defensive Driving Course Discount Automobiles and Motorcycles..............................................................................................................8 DE Reg. 59 (Prop.) 1501, Medicare Supplement Insurance Minimum Standards................................................8 DE Reg. 62 (Prop.) DEPARTMENT OF LABOR COUNCIL ON APPRENTICESHIP & TRAINING Section 106.5, Standards of Apprenticeship...................................................................8 DE Reg. 65 (Prop.) DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Green Energy Fund Program Regulation...............................................................................8 DE Reg. 114 (Final) DIVISION OF AIR AND WASTE MANAGEMENT-AIR QUALITY MANAGEMENT SECTION Reporting of a Discharge of a Pollutant or Air Contaminant.........................................8 DE Reg. 126 (Final) DIVISION OF WATER RESOURCESSurface Water Quality Standards....................................................................................8 DE Reg. 154 (Final) DEPARTMENT OF STATE DIVISION OF HISTORICAL AND CULTURAL AFFAIRSHistoric Preservation Tax Credit, Regulations Governing ............................................8 DE Reg. 194 (Final) OFFICE OF THE STATE BANKING COMMISSIONER 708 (Formerly Reg. No. 5.770.0009) Establishment of a Branch Office by a Bank or Trust Company........................................................................................................8 DE Reg. 68 (Prop.) 714 Establishment of a Mobile Branch Office by a Bank or Trust Company................8 DE Reg. 68 (Prop.) 1113 Election by a Subsidiary Corporation of a Banking Organization of Trust Company to be Taxed in Accordance with Chapter 19 of Title 30..........................................8 DE Reg. 68 (Prop.) Executive Order No. 56, Establishing The Infant Mortality Task Force...............................8 DE Reg. 199 (Final) DEPARTMENT OF ADMINISTRATIVE SERVICESDIVISION OF PROFESSIONAL REGULATION BOARD OF CLINICAL SOCIAL WORK EXAMINERS24 DE Admin. Code 3900 Statutory Authority: 24 Delaware Code, Section 3906(1) (24 Del.C. §3906(1)) PUBLIC NOTICE The Delaware Board of Clinical Social Work Examiners is proposing to revise its rules and regulations pursuant to 29 Del.C. Chapter 101 and 24 Del.C. §3906(1). The Board is proposing changes to the following Regulations: •Regulations 7.1 through 7.4 regarding the Definition and Scope of Continuing Education, •Continuing Education Hourly Requirements and Continuing Education Reporting and Documentation. A public hearing will be held on the proposed Rules and Regulations on Monday, September 20, 2004 at 9:00 a.m. in the Second Floor Conference Room “A” of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware, 19904. If the number of persons desiring to testify at the Public Hearing is large, the amount of time allotted to each speaker will be limited. The Board will receive and consider input in writing from any person on the proposed Rules and Regulations. Any written comments should be submitted to the Board in care of Karin Stone at the above address. The final date to submit written comments shall be at the above scheduled public hearing. Persons may view the proposed changes to the Regulations between the hours of 8:15 a.m. to 4:15 p.m., Monday through Friday, at the Board’s office at the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 19904. There will be a reasonable fee charged for copies of the proposed changes. This notice will be published in two newspapers of general circulation not less than twenty (20) days prior to the date of the hearing. Amend Sections 7.1, 7.2, 7.3 and 7.4 as follows: 7.0Continuing Education 7.1Required Continuing Education Hours: 7.1.1Hours Required. All licensees must complete forty-five (45) hours of continuing education during each biennial license period. For license periods beginning January 1, 1999 2005 and thereafter, documentation, as required by Rule 5.4 7.4 of all continuing education hours must be submitted to the Board for approval by October 31 of each biennial license period. 7.1.2Proration. At the time of the initial license renewal, some individuals will have been licensed for less than two (2) years. Therefore, for these individuals only, the continuing education hours will be prorated as follows: License Granted During First Credit Hours Year Of Licensing Period Required January 1 - June 30 35 hours July 1 - December 31 25 hours License Granted During Second Credit Hours Year Of Licensing Period Required January 1 - June 30 15 hours July 1 - December 31 5 hours 7.1.3Hardship. A candidate for license renewal may be granted an extension of time in which to complete continuing education hours upon a showing of good cause. "Good Cause" may include, but is not limited to, disability, illness, extended absence from the jurisdiction and exceptional family responsibilities. Requests for hardship consideration must be submitted to the Board in writing prior to the end of the licensing period, along with payment of the appropriate renewal fee. No extension shall be granted for more than 120 days after the end of the licensing period. If the Board does not have sufficient time to consider and approve a request for hardship extension prior to the expiration of the license, the license will lapse upon the expiration date and be reinstated upon completion of continuing education pursuant to the hardship exception. See 2 DE Reg 775 (11/1/98) 7.2Definition and Scope of Continuing Education: 7.2.1Continuing Education is defined to mean approved acceptable courses offered by colleges and universities, televised and extension internet courses, independent study courses which have a final exam or paper, workshops, seminars, conferences and lectures oriented toward the enhancement of clinical social work practice, values, skills and knowledge, including self-directed activityies and preparation of a first-time clinical course as described herein. The following types of courses are NOT acceptable for credit: business, computer, financial, administrative or practice development courses or portions of courses. 7.2.1.1Approved Courses shall be those courses which: increase the clinical social worker (CSW)’s knowledge about, skill in diagnosing and assessing, skill in treating, and/or skill in preventing mental and emotional disorders, developmental disabilities and substance abuse; AND are instructed or presented by persons who have received specialized graduate-level training in the subject, or who have no less than two (2) years of practical application or research experience pertaining to the subject. 7.2.1.2Mental and Emotional Disorders, Developmental Disabilities and Substance Abuse are those disorders enumerated and described in the most current Diagnostic and Statistical Manual including, but not limited to, the V Codes and the Criteria Sets and Axes provided for further study. 7.2.1.1The Board will accept for continuing education credit all courses designated for clinical social workers which are offered by the Association of Social Work Boards (ASWB), the National Association of Social Work (NASW) and the American Psychological Association (APA) approved providers. Other courses will be evaluated for acceptability at the time they are submitted for license renewal. The Board will no longer “pre-approve” continuing education courses. 7.2.1.2Acceptable Courses, other than those approved pursuant to Rule 5.2.1.1, shall be courses which: increase the licensed clinical social worker’s knowledge about skill in diagnosing and assessing, skill in treating, and/or skill in preventing mental and emotional disorders, developmental disabilities and substance abuse; AND are instructed or presented by persons who have received specialized graduate-level training in the subject, or who have no less than two (2) years of practical application or research experience pertaining to the subject. 7.2.1.2.1Mental and Emotional Disorders, Developmental Disabilities and Substance Abuse are those disorders enumerated and described in the most current Diagnostic and Statistical Manual including, but not limited to, the V Codes and the Criteria Sets and Axes provided for further study. 7.2.2 7.2.4The Board may, upon request, review and approve credit for self-directed activities, to a maximum of 15 10 hours per biennial licensing period. A licensee must obtain pre-approval of the Board prior to undertaking the self-directed activity in order to assure continuing education credit for the activity. Any self-directed activity submitted for approval must include a written proposal outlining the scope of the activity, the number of continuing education hours requested, the anticipated completion date(s), the role of the licensee in the case of multiple participants (e.g. research) and whether any part of the self-directed activity has ever been previously approved or submitted for credit by the same licensee. 7.2.2.17.2.1.3 Self-Directed Activity shall include teaching, research, preparation and/or presentation of professional papers and articles, and other activities specifically approved by the Board, which may include one or more of the following. The Board shall require documentation of each activity as noted below: 7.2.2.1.1Publication of a professional clinical social work-related book, or initial preparation/presentation of a clinical social work-related college or university course (maximum of 10 hours); 7.2.2.1.1.1Required documentation shall be proof of publication, or syllabus of course and verification that the course was presented. 7.2.2.1.2Publication of a professional clinical social work-related article or chapter of a book (maximum of 5 hours); 7.2.2.1.2.1Required documentation shall be reprint of publication(s). 7.2.2.1.3Initial preparation/presentation of a professional clinical social work-related continuing education course/program (maximum of 2 hours, in addition to number of hours actually attended at the course/program) (Will only be accepted one time for any specific program); 7.2.2.1.3.1Required documentation shall be outline, syllabus agenda and objectives for course and verification that the course was presented. 7.2.2.1.4One year of Field instruction of graduate students in a Council on Social Work Education-accredited school program, in a clinical setting (maximum of 2 hours); 7.2.2.1.4.1Required documentation shall be a letter of verification from school of social work. 7.2.2.1.5Participation in formal clinical staffings at federal, state or local social service agencies, public school systems or licensed health facilities and licensed hospitals (maximum of 5 hours); 7.2.2.1.5.1Required documentation shall be a signed statement from the agency, school system, facility or hospital, from a supervisor other than the licensee, including date and length of staffing. 7.2.2 7.2.3Any program submitted for continuing education hours must have been attended during the biennial licensing period for which it is submitted. Excess credits may not be carried over to the next licensing period. 7.2.3 7.2.4An “hour” for purposes of continuing education credit shall mean 60 50 (fifty) minutes of instruction or participation in an appropriate course or program. Meals and breaks shall be excluded from credit. 7.2.5The Board may award a maximum of 5 continuing education hours for the first-time preparation and presentation of a clinical social work course, in-service training, workshop, or seminar. A copy of the course syllabus and verification that the course was presented is required for Board approval. 7.3Continuing Education Content HourlyRequirements: During each biennial licensing period, licensees shall complete a minimum of thirty (30) forty-five (45) hours of continuing education. in Category I courses. The remaining fifteen (15) continuing education hours may be taken in Category II courses. At least three (3) of the 30 Category I 45 hours shall consist of courses acceptable to the Board in the area of ethics for mental health professionals. Category I:Courses which have as their primary focus and content the assessment, diagnosis, and biopsychosocial (biological, psychological and social) treatment of mental and emotional disorders, developmental disabilities, and/or substance abuse; courses which have as their primary focus and content the ethical practice of social work. Category II:Courses in any of the following areas which are related to and increase the CSW’s knowledge of mental and emotional disorders, developmental disabilities, and/or substance abuse research methods and findings; psychology and sociology; human growth and development; child and family constructs; physical illness and health; social action; advocacy; human creativity; spirituality HIV 7.4Continuing Education Reporting and Documentation 7.4.1Continuing Education Reporting Periods. Licenses are valid for 2 year periods, renewing on January 31 of odd numbered years (e.g. January 31, 20015, 20037). Continuing education (CE) reporting periods run from October 31 November 1 to October 31 of the preceding two even-numbered years. (e.g. credits for the January 2001 license renewal may be obtained between October 31, 1998 and October 31, 2000). The Board will allow credits obtained between October 31 and January 31 to apply to either (but not both) of the biennial licensing periods, at the licensee’s discretion. Beginning with the January 20035 license renewal, all required continuing education shall should be completed within the previous two year October November to October period (e.g. between October 31 November 1, 20002 and October 31, 20024 for January 20035 renewal). The Board shall continue to have the discretion, however, to grant extensions of time in which to complete continuing education in cases of hardship, pursuant to 24 Del.C. §3912 and Rule 7.1.3. 7.4.2In order to assure receipt of continuing education credits, a licensee must complete and submit the appropriate continuing education form provided by the Division of Professional Regulation no later than October 31st preceding the start of the next biennial licensing period. 7.4.3In addition to the form, each licensee must submit the following documentation as to each course attended: a certificate of attendance or completion signed by the presenter and attesting to the number of hours the licensee attended and documentation identifying the date and location of the course. , the total number of CE hours attended and the agenda, outline or brochure describing the course. Originals or photocopies will be accepted and retained by the Board. The Board reserves its right to request additional documentation, such as copies of program materials, to verify CE compliance. Statutory Authority: 24 Del.C. §§3906(7), 3912. 7.4.4Prior to the end of each renewal period, the Board shall conduct a random audit of licensees to verify compliance with continuing education for that renewal period. Upon request from the Board, an audited licensee will be required to submit, in addition to the documents noted above, copies of agenda, outline and brochure, for each course submitted for credit. Originals or photocopies will be accepted and retained by the Board. The Boardreserves its right to request additional documentation to verify CE compliance. 7.4.5In addition to licensees selected for random audit, the Board also may request additional supporting documentation from any licensee whose renewal materials, as required by Rules 7.4.2 and 7.4.3, raise questions as to the completion or acceptable content of the course(s). See 2 DE Reg 1680 (6/1/00) See 4 DE Reg 1815 (5/1/01) See 7 DE Reg 1667 (6/1/04) * Please Note: As the rest of the sections were not amended they are not being published. A complete set of the rules and regulations for the Board of Clinical Social Work Examiners is available at: http://www.state.de.us/research/profreg/Frame.htm DEPARTMENT OF EDUCATION14 DE Admin. Code 260 Statutory Authority: 14 Delaware Code, Section 220 (14 Del.C. §220) Education Impact Analysis ursuant to 14 Del.C. §122(d) 260 General Appeal Procedure for the Child and Adult Care Food Program of the United States Department of Agriculture CACFP/USDA A.Type of Regulatory Action Required Amendment to Existing Regulation B.Synopsis of Subject Matter of the Regulation The Secretary of Education intends to amend 14 DE Admin Code 260 General Appeal Procedure for the Child and Adult Care Food Program of the United States Department of Agriculture CACEP/USDA. The amendments are necessary in order to bring the state’s regulations in line with the requirements of the federal statute. C.Impact Criteria 1.Will the regulation help improve student achievement as measured against state achievement standards? The amended regulation addresses appeal procedures for the Child and Adult Care Food Program not student achievement. 2.Will the regulation help ensure that all students receive an equitable education? The amended regulation addresses appeal procedures for the Child and Adult Care Food Program not equitable education issues. 3.Will the regulation help to ensure that all students’ health and safety are adequately protected? The amended regulation addresses appeal procedures for the Child and Adult Care Food Program not health and safety issues. 4.Will the regulation help to ensure that all students’ legal rights are respected? The amended regulation addresses appeal procedures for the Child and Adult Care Food Program which does help to protect the rights of the individuals enrolled in the programs. 5.Will the regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The amended regulation will preserve the necessary authority and flexibility of decision making at the local board and school level. 6.Will the regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The amended regulation will not place any unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels. 7.Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The decision making authority and accountability for addressing the subject to be regulated will remain in the same entity. 8.Will the regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The amended regulations will be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies. 9.Is there a less burdensome method for addressing the purpose of the regulation? The federal statute requires the Department of Education to maintain regulations for this appeal procedure. 10.What is the cost to the State and to the local school boards of compliance with the regulation? There is no additional cost to the local school boards of compliance with the amended regulation. 260 General Appeal Procedures for the Child and Adult Care Food Programs of the United States Department of Agriculture CACFP/USDA 1.0When a participating institution or agency seeks to appeal actions taken by the Delaware Department of Education pursuant to findings based on monitoring or administrative reviews the following shall apply: 1.1The institution or agency shall be advised in writing of the grounds on which the Delaware Department of Education has based its action. The notice of action, which shall be sent by certified mail, return receipt requested shall also include a statement indicating that the institution has the right to appeal the action. 1.2To initiate an appeal procedure, a written request for review shall be filed by the appellant not later than 15 calendar days from the date the appellant received the notice of action, and the Delaware Department of Education shall acknowledge the receipt of the request for appeal within 10 calendar days. Then, the following procedures shall pertain: 1.2.1Within five (5) days of receipt of an appeal for review, the Delaware Secretary of Education, or his/her designee, shall appoint a review official who shall be selected from the approved list of hearing officers. The review official shall be an independent and impartial official other than, and not accountable to, any person authorized to make decisions that are subject to appeal under the provisions of this section. 1.2.2The appellant may refute the charges contained in the notice of action in person and by written documentation to the review official. In order to be considered, written documentation must be filed with the review official not later than 30 calendar days after the appellant received the notice of action. The appellant may retain legal counsel, or may be represented by another person. A hearing shall be held by the review official in addition to, or in lieu of, a review of written information submitted by the appellant only if the appellant so specifies in the letter of request for review. Failure of the appellant institution's representative to appear at a scheduled hearing shall constitute the appellant institution's waiver of the right to a personal appearance before the review official, unless the review official agrees to reschedule the hearing. A representative of the Delaware Department of Education shall be allowed to attend the hearing to respond to the appellant's testimony and to answer questions posed by the review official. 1.2.2.1If the appellant does not specifically request a hearing in the letter of request for review, and the review official determines that a review of documentation is sufficient for resolution, the appellant and the Delaware Department of Education shall be advised of the official’s determination. 1.2.2.2If the appellant has requested a hearing, the appellant and the Delaware Department of Education shall be provided with at least 10 calendar days advance written notice, sent by certified mail, return receipt requested, of the time and place of the hearing. 1.2.3Any information on which the Delaware Department of Education’s action was based shall be available to the appellant for inspection from the date of receipt of the request for review. 1.2.4The review official shall make a determination based on information provided by the Delaware Department of Education and the appellant, and on Program regulations. 1.2.5Within 60 calendar days of the Delaware Department of Education’s receipt of the request for review, the review official shall inform the State agency and the appellant of the determination of the review. 1.2.6The Delaware Department of Education’s action shall remain in effect during the appeal process. However, participating institutions and facilities may continue to operate under the Program during an appeal of termination, unless the action is based on imminent dangers to the health or welfare of participants. 1.2.7The determination by the Delaware Department of Education’s review official is the final administrative determination to be afforded to the appellant. 1.2.8Appeals shall not be allowed on decisions made by the Food and Consumer Services, U.S. Department of Agriculture, on requests for exceptions to the claims submission deadlines stated in 7CFR Sec. 226.10(e) or requests for upward adjustments to claims. 1.2.9n cases where an appeal results in the dismissal of a claim against an institution, which was asserted by the Delaware Department of Education, based upon Federal audit findings of the Food and Consumer Services, U.S. Department of Agriculture, may assert a claim against the Delaware Department of Education in accordance with the procedures outlined in 7CFR Sec. 226.14(c). Authority: 7 CFR Sec. 226.6 State Agency Administrative Responsibilities, (k) Institution appeal procedures. 5 DE Reg. 461 (8/1/01) 260 General Administrative Review Procedures for the Child and Adult Care Food Programs of the United States Department of Agriculture CACFP/USDA 1.0Institutions participating in the Delaware CACFP may request an Administrative Review of the following actions: 1.1Denial of a new or renewing institution's application for participation; 1.2Denial of an application submitted by a sponsoring organization on behalf of a facility; 1.3Proposed termination of an institution’s agreement; 1.4Proposed disqualification of a responsible principal or responsible individual; 1.5Suspension of an institution’s participation; 1.6Denial of an institution's application for start-up or expansion payments; 1.7Denial of all or a part of an institution’s claim for reimbursement except for a denial based on a late submission under 7 CFR § 226.10(e); 1.8Demand for the remittance of an overpayment; and 1.9Any other action of the State agency affecting an institution’s participation or its claim for reimbursement. 2.0Notwithstanding the provisions of Section 1.0 above, institutions participating in the Delaware CACFP may not request an Administrative Review of the following actions: 2.1A determination that an institution is seriously deficient; 2.2Disqualification of an institution or a responsible principal or responsible individual, and the subsequent placement on the State agency list and the National disqualified list; or 2.3Termination of a participating institution’s agreement, including termination of a participating institution’s agreement based on the disqualification of the institution by any publically funded program. 3.0Except where the abbreviated administrative review procedures apply as set forth below, administrative reviews will be conducted as follows: 3.1The Department of Education (“Department”) must give notice of the action being taken or proposed, the basis for the action, and the procedures under which the institution and the responsible principals or responsible individuals may request an administrative review of the action. Notice shall be given to the institution’s executive director and chairman of the board of directors, and the responsible principals and responsible individuals by U. S. Mail postage prepaid. As used herein, “Petitioner” means a participating institution or agency, or its responsible principals or responsible individuals, as appropriate under the circumstances. 3.2A request for administrative review must be submitted to the Department in writing not later than 15 days after the date the notice of action is received. 3.3The petitioner may retain legal counsel or may be represented by another person if permitted by law. 3.4Any information on which the Department’s action was based will be available to the petitioner for inspection from the date of receipt by the Department of the request for an administrative review. 3.5The petitioner may refute the findings contained in the notice of action in person or by submitting written documentation to the Department’s review official. In order to be considered, written documentation must be submitted to and received by the review official not later than 30 days after the petitioner received the notice of action. 3.6A hearing must be held by the administrative review official in addition to, or in lieu of, a review of written information only if the petitioner requests a hearing in the written request for an administrative review. If the petitioner fails to appear at a scheduled hearing, the petitioner waives the right to a personal appearance before the administrative review official, unless the administrative review official agrees to reschedule the hearing. A representative of the Department may, but is not required, to attend the hearing to respond to the petitioner’s testimony and to answer questions posed by the administrative review official. If a hearing is requested, the petitioner and the Department must be provided with at least 10 days notice of the time and place of the hearing. 3.7The administrative review official shall be independent and impartial. The administrative review official may be an employee of the Department, but must not have been involved in the action that is the subject of the administrative review, or have a direct personal or financial interest in the outcome of the administrative review. The petitioner may contact the administrative review official directly, but all such contacts must include the participation of a representative of the Department if the Department chooses to participate. 3.8The administrative review official shall make a determination based solely on the information provided by the Department, the petitioner, and based upon federal and Delaware laws, regulations, policies and procedures governing the CACFP/USDA. 3.9The decision of the administrative review official shall be issued to the Department and petitioner within 60 days of the Department’s receipt of the written request for an administrative review. If the last day on which the decision is to be issued shall fall on a Saturday, Sunday, legal state holiday, or day when the Department is closed due to adverse weather conditions, the decision shall be issued on the next regular work day of the Department. The failure to issue a timely decision shall not, solely in itself, constitute grounds for reversing the Department’s action. The decision of the administrative review official is the final administrative determination to be afforded to the petitioner. 3.10The Department shall maintain a searchable record of all administrative reviews and the dispositions of the same. 3.11The Department shall conduct the administrative review of the proposed disqualification of the responsible principals and responsible individuals as part of the administrative review of the application denial, proposed termination and/or proposed disqualification of the institution with which the responsible principals or responsible individuals are associated. However, at the discretion of the administrative review official, separate administrative reviews may be held if the institution does not request an administrative review or if either the institution or the responsible principal or responsible individual demonstrates that their interests conflict. 4.0Notwithstanding any of the foregoing to the contrary, administrative review will be limited to a review of written submissions concerning the accuracy of the Department’s determination if the application was denied or the Department proposes to terminate the institution’s agreement because: 4.1The information submitted on the application was false; or 4.2The institution, one of its sponsored facilities, or one of the principals of the institution or its facilities is 4.2.1On the National Disqualified List; or 4.2.2Ineligible to participate in any other publicly funded program by reason of violation of the requirements of the program; or 4.2.3Has been convicted for any activity that indicates a lack of business integrity. 5.0The Department’s administrative responsibilities to a participating institution shall remain in effect during the administrative review as follows: 5.1Overpayment demand. During the period of the administrative review, the Department is prohibited from taking action to collect or offset the overpayment. However, the Department must assess interest beginning with the initial demand for remittance of the overpayment and continuing through the period of administrative review unless the administrative review official overturns the Department’s action. 5.2Program payments. The availability of Program payments during an administrative review of the denial of a new institution’s application, denial of a renewing institution’s application, proposed termination of a participating institution’s agreement, and suspension of an institution shall be treated in accordance with the provisions of7 CFR § 226.6 (c)(1)(iii)(D), (c)(2)(iii)(D), (c)(3)(iii)(D), (c)(5)(i)(D), and (c)(5)(ii)(E), respectively. Education Impact Analysis ursuant to 14 Del.C. §122(d) 852 Child Nutrition A.Type of Regulatory Action Required Amendment to Existing Regulation B.Synopsis of Subject Matter of the Regulation The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code852 in order to add the appropriate references to the federal legislation concerning nutrition standards and to correct the grammar. C.Impact Criteria 1.Will the regulation help improve student achievement as measured against state achievement standards? The regulation and the amendments address child nutrition which has an impact on student achievement. 2.Will the regulation help ensure that all students receive an equitable education? The amended regulation addresses child nutrition not equity issues. 3.Will the regulation help to ensure that all students’ health and safety are adequately protected? The amended regulation contributes to student health. 4.Will the regulation help to ensure that all students’ legal rights are respected? The amended regulation addresses child nutrition not students’ legal rights. 5.Will the regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The amended regulation will preserve the necessary authority and flexibility of decision making at the local board and school level. 6.Will the regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The amended regulation will not place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels. 7.Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The decision making authority and accountability for addressing the subject to be regulated will remain in the same entity. 8.Will the regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The amended regulation will be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies 9.Is there a less burdensome method for addressing the purpose of the regulation? There is no less burdensome method for addressing the purpose of the regulation. 10.What is the cost to the State and to the local school boards of compliance with the regulation? There is no additional cost to the State and to the local school boards of compliance with the regulation. 852 Child Nutrition 1.0Each school district shall have a Child Nutrition Policy which at a minimum shall provide that: 1.1Meals served to children will be are nutritious and well balanced as defined by USDA 7CFR Part 210.10 Nutrition Standards for Lunches and Menu Planning Methods and USDA 7CFR Part 220.8 Nutrition Standards for Breakfast and Menu Planning Alternatives. 1.2The foods sold in addition to meals be are selected to promote healthful eating habits and exclude those foods of minimal nutritional value as defined by the Food and Nutrition Service, USDA 7 CFR Part 210, Appendix B. 1.3Purchasing practices ensure the use of quality products. 1.4Students have adequate time to eat breakfast and lunch. 1.5Nutrition education be an integral is part of the curriculum from preschool to twelfth grade. 1.6Food service personnel use training and resource materials developed by the Department of Education and the United States Department of Agriculture to motivate children in selecting healthy diets. Education Impact Analysis ursuant to 14 Del.C. §122(d) 925 Children with Disabilities A.Type of Regulatory Action Required Amendment to Existing Regulation Synopsis of Subject Matter of the Regulation The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code925 Children with Disabilities in order to change the eligibility criteria for Autism in 4.3, for Developmental Delay in 4.4, for Mental Disability in 4.9, for Orthopedic Impairment in 4,10 and for other Health Impairment in 4.11 and to replace 21.2 Reserved with 21.2 the Statewide Monitoring Review Board (SMRB) for Children with Autism. C.Impact Criteria 1.Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation addresses changes in criteria for five categories of children with disabilities and describes the Statewide Monitoring Review Board (SMRB) for Children with Autism all of which may contribute to improved student achievement. 2.Will the amended regulation help ensure that all students receive an equitable education? The amended regulation addresses changes in criteria for five categories of children with disabilities and describes the Statewide Monitoring Review Board (SMRB) for Children with Autism all of which may contribute to ensuring that all children receive an equitable education. 3.Will the amended regulation help to ensure that all students’ health and safety are adequately protected? The amended regulation addresses changes in criteria for five categories of children with disabilities and describes the Statewide Monitoring Review Board (SMRB) for Children with Autism all of which may contribute to ensuring that all students’ health and safety are adequately protected. 4.Will the amended regulation help to ensure that all students’ legal rights are respected? The amended regulation addresses changes in criteria for five categories of children with disabilities and describes the Statewide Monitoring Review Board (SMRB) for Children with Autism all of which may contribute to ensuring that all students’ legal rights are protected. 5.Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The amended regulation will preserve the necessary authority and flexibility of decision making at the local board and school level. 6.Will the amended regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The amended regulation will not place any unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels. 7.Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The decision making authority and accountability for addressing the subject to be regulated will remain in the same entity. 8.Will the amended regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The amended regulation will be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies. 9.Is there a less burdensome method for addressing the purpose of the regulation? The federal law requires the state to make regulations concerning students with disabilities. 10.What is the cost to the State and to the local school boards of compliance with the regulation? There will be no additional cost to the State and to the local school boards of compliance with the regulation. 925 Children with Disabilities 4.0Eligibility for Services 4.1Age of Eligibility: Programs shall be provided for children with disabilities in age ranges as set out in accordance with 14 Del.C. Ch.7 and 14 Del.C. Ch.31 and other age ranges as provided for by State and/or federal legislation. 4.1.1The age of eligibility for special education and related services for children identified as having a hearing impairment, visual impairment, deaf- blindness, or autism, shall be from birth through 20 years, inclusive. 4.1.2The age of eligibility for children identified as having preschool speech delay shall be from the third birthday up to, but not including, the fifth birthday. 4.1.3The age of eligibility for children identified as having speech and/or language impairment shall be from the fifth birthday through twenty years, inclusive; provided, however, that children attaining the minimum age by August 31 of the school year shall also be eligible. These children receive a free appropriate public education as preschool speech delayed upon reaching their third birthday. 4.1.4The age of eligibility for children identified as having a developmental delay shall be from the third birthday up to, but not including, the fourth birthday. 4.1.5The age of eligibility for children identified as having a physical impairment, trainable mental disability, traumatic brain injury, or severe mental disability shall be from the third birthday through 20 years inclusive; provided, however, that students in these categories attaining the minimum age by August 31 of the school year shall also be eligible. 4.1.6The age of eligibility for children identified as having emotional disturbance, educable mental disability, or learning disability shall be from the fourth birthday through 20 years inclusive; provided, however, that children in these categories attaining the minimum age by August 31 of the school year shall also be eligible. These children receive a free appropriate public education as developmentally delayed upon reaching their third birthday. 4.1.7Children in special education who attain age 21 after August 31 may continue their placement until the end of the school year including appropriate summer services through August 31. 4.2Definitions and General Eligibility/Exit Criteria 4.2.1Eligibility Criteria - General: A child shall be considered eligible to receive special education and related services, and to be counted in the appropriate section of the unit funding system noted in 14 Del.C. §1703, when such eligibility and the nature of the disabling condition are determined by an IEP team. Eligibility and the nature of the condition shall be based upon consideration of the results of individual child evaluation data obtained from reports and observations and the definitions and criteria delineated in these regulations. Eligibility for classification under any one or more categories shall include documentation of the educational impact of the disability. Documentation of eligibility shall include an evaluation report from a qualified evaluation specialist. Eligibility for classification under any one or more categories shall include, but shall not be limited to, an evaluation report from the evaluation specialist designated under the eligibility criteria for each disability. 4.2.2Exit Criteria - General: A child ceases to be eligible for special education and related services when the IEP team determines that special education is no longer needed for the child to benefit from his or her educational program or the child graduates with a high school diploma. In making the determination, the team shall consider: 4.2.2.1Eligibility criteria; 4.2.2.2Data-based and/or documented measures of educational progress; and 4.2.2.3Other relevant information 4.3Eligibility Criteria for Autism: An IEP team shall review evidence for the following behavioral manifestations: 4.3.1The presence of an impairment of verbal and nonverbal communication skills including the absence of speech or the presence of unusual speech features, and a combination of the following: 4.3.1.1Impairment in reciprocal social orientation/interaction; 4.3.1.2Extreme resistance to change and/or control; 4.3.1.3Preoccupation with objects and/ or inappropriate use of objects; and/or 4.3.1.4Unusual motor patterns, including, but not limited to, self-stimulation and self- injurious behavior. 4.3.2Identification of autism shall be documented through an evaluation by either a licensed psychologist, a certified school psychologist, a qualified physician, or a qualified psychiatrist. Determination of the condition of autism and eligibility for special education shall be made by an IEP team. 4.3.3Age of Eligibility: The age of eligibility for children identified under this definition shall be from birth through 20 years, inclusive. 4.4Eligibility Criteria for Developmental Delay: A developmental delay is a term applied to a young child, who exhibits a significant delay in one or more of the following developmental domains: cognitive, communication (expressive and/or receptive), physical (gross motor and/or fine motor), social/emotional functioning, and adaptive behavior. A developmental delay shall not be primarily the result of a significant visual or hearing impairment. 4.4.1In order for an IEP team to determine eligibility for special education services, under the Developmental Delay category, the following is required: 4.4.1.1Standardized test scores of 1.5 or more standard deviations below the mean in two or more of the following developmental domains: cognitive, communication (expressive and/or receptive), physical (gross and/or fine), social/emotional functioning or adaptive behavior; or 4.4.1.2Standardized test scores of 2.0 or more standard deviations below the mean in any one of the developmental domains listed above; or 4.4.1.3Professional judgment of the IEP team that is based on the multiple sources of information used in the assessment process and with justification documented in writing in the evaluation report. 4.4.2Age of Elibility: The age of eligibility for classification under the developmental delay classification is from the third birth date until the fourth birth date. 4.3.Eligibility Criteria for Autism: The educational classification of autism encompasses the clinical condition of Autistic Disorder, as well as other typically less severe Pervasive Developmental Disorders, (i.e., Asperger Syndrome and Pervasive Developmental Disorder – Not Otherwise Specified). These conditions share important features, and together, comprise the Autistic Spectrum Disorders (ASDs). Students with educational classifications of autism may have ASD of differing severity as a function of the number and pattern of features defined in the eligibility criteria listed below. 4.3.1In order for the IEP team to determine eligibility for special education services under the Autism category, the following is required: 4.3.1.1All students with an educational classification of autism demonstrate a marked, qualitative impairment in reciprocal social interaction, as manifested by deficits in at least two of the following: 4.3.1.1.1Use of multiple nonverbal behaviors to regulate social interactions; 4.3.1.1.2Development of peer relationships; 4.3.1.1.3Spontaneous seeking to share enjoyment, interests, or achievements with other people; or 4.3.1.1.4Social or emotional reciprocity. 4.3.1.2All students with an educational classification of autism also demonstrate at least one feature from either 4.3.1.2.1. or 4.3.1.2.2. below: 4.3.1.2.1A qualitative impairment in communication, as manifested by: 4.3.1.2.1.1A lack of, or delay in, spoken language and failure to compensate through gesture; 4.3.1.2.1.2Relative failure to initiate or sustain a conversation with others; 4.3.1.2.1.3Stereotyped, idiosyncratic, and/or repetitive speech; or 4.3.1.2.1.4A lack of varied, spontaneous make-believe play or social imitative play. 4.3.1.2.2Restricted, repetitive, and stereotyped patterns of behavior, as manifested by: 4.3.1.2.2.1Encompassing preoccupation or circumscribed and restricted patterns of interest; 4.3.1.2.2.2Apparently compulsive adherence to specific, nonfunctional routines/rituals; 4.3.1.2.2.3Stereotyped and repetitive motor mannerisms; or 4.3.1.2.2.4Persistent preoccupation with parts/sensory qualities of objects. 4.3.1.3All students with an educational classification of autism have impairments that: 4.3.1.3.1Are inconsistent with the student’s overall developmental/functional level; and 4.3.1.3.2Result in an educationally significant impairment in important areas of functioning; and 4.3.1.3.3Are a part of a clear pattern of behavior that is consistently manifested across a variety of people, tasks and settings, and that persists across a significant period of time; and 4.3.1.3.4Are not primarily accounted for by an emotional disorder. 4.3.2An educational classification of autism is established: 4.3.2.1Using specialized, validated assessment tools that provide specific evidence of the features of ASD described above; 4.3.2.2By individuals who have specific training in the assessment of students with ASD in general, and in the use of the assessment procedures referred to in 4.3.2.1.; and 4.3.2.3Based upon an observation of the student in a natural education environment, an observation under more structured conditions, and information regarding the student’s behavior at home. 4.3.3Age of Eligibility: The age of eligibility for children with autism shall be from birth through age 20, inclusive. 4.4Eligibility Criteria for Developmental Delay: A developmental delay is a term applied to a young child who exhibits a significant delay in one or more of the following developmental domains: cognition, communication (expressive and/or receptive), physical (gross motor and/or fine motor) social/emotional functioning and adaptive behavior. A developmental delay shall not be primarily the result of a significant visual or hearing impairment. 4.4.1In order for an IEP team to determine eligibility for special education services under the Developmental Delay category, the following is required: 4.4.1.1Standardized test scores of 1.5 or more standard deviations below the mean in two or more of the following developmental domains: cognition, communication (expressive and/or receptive), physical (gross motor and/or fine motor) social/emotional functioning and adaptive behavior; or 4.4.1.2Standardized test scores of 2.0 or more standard deviations below the mean in any one of the developmental domains listed above; or 4.4.1.3Professional judgment of the IEP team that is based on multiple sources of information used in the assessment process and with justification documented in writing in the evaluation report of a significant difference between the child’s chronological age and his/her current level of functioning. A significant difference is defined as a minimum of a 25% delay in comparison to same-aged peers. 4.4.2Multiple sources/ methods of information shall be used in the determination of eligibility for service provision. An assessment shall include, but not be limited to, the following sources of information: 4.4.2.1Developmental and medical history; 4.4.2.2Interview with the child’s parent or primary caregiver; 4.4.2.3Behavioral observations; 4.4.2.4Standardized norm-referenced instruments; and 4.4.2.5Other assessments which could be used for intervention planning, such as dynamic or criterion-referenced assessments, behavior rating scales, or language samples. 4.4.3The assessment of a child suspected of a developmental delay shall be culturally and linguistically sensitive. 4.4.4Age of eligibility: The age of eligibility for classification under the developmental delay classification is from the third birth date until the ninth birth date. Non-regulatory note: Under the Delaware Code, funding for the Developmental Delay category is only available through the Preschool Children with Disabilities block grant, except as authorized through the Special Education Funding Pilot. 4.5Eligibility Criteria for Deaf Blind: An IEP team shall consider the following in making a determination that a child has a deaf-blind condition: 4.5.1A qualified physician or licensed audiologist shall document that a child has a hearing loss so severe that he or she cannot effectively process linguistic information through hearing, with or without the use of a hearing aid. Such documentation shall be based upon a formal observation or procedure; and a licensed ophthalmologist or optometrist shall document that a child has a best, corrected visual acuity of 20/200 or less in the better eye, or a peripheral field so contracted that the widest lateral field of vision subtends less than 20 degrees; and 4.5.2An IEP team shall consider the documentation of auditory and visual impairment in addition to other information relevant to the child’s condition in determining eligibility for special education under the above definition. 4.5.3Classification as a child who is deaf- blind shall be made by the IEP team after consideration of the above eligibility criteria. 4.5.4Age of Eligibility: The age of eligibility for children identified under this definition shall be from birth through 20 years, inclusive. 4.6Eligibility Criteria for Emotional Disturbance: The IEP team shall consider documentation of the manifestation of the clusters or patterns of behavior associated with emotional disturbance and documentation from multiple assessment procedures. Such procedures shall include, but not be limited to, an evaluation by either a licensed or certified school psychologist, or a licensed psychiatrist, classroom observations by teacher(s) and at least one other member of the IEP team, a review of records, standardized rating scales, and child interviews. 4.6.1The documentation shall show that the identified behaviors have existed over a long period of time and to a marked degree, and: 4.6.2Adversely affect educational performance. This means that the child's emotions and behaviors directly interfere with educational performance. It also means that such interference cannot primarily be explained by intellectual, sensory, cultural, or health factors, or by substance abuse; and 4.6.2.1Are situationally inappropriate for the child's age. This refers to recurrent behaviors that clearly deviate from behaviors normally expected of other students of similar age under similar circumstances. That is, the student's characteristic behaviors are sufficiently distinct from those of his or her peer groups; or 4.6.2.2Preclude personal adjustment or the establishment and maintenance of interpersonal relationships. This means that the child exhibits a general pervasive mood of unhappiness or depression and/or is unable to enter into age-appropriate relationships with peers, teachers and others; and 4.6.3The age of eligibility for children identified under this definition shall be from the fourth birthday through 20 years, inclusive. 4.7Eligibility Criteria for Hearing Impairment 4.7.1A qualified physician or licensed audiologist shall document that a child has a hearing loss such that it makes difficult or impossible the processing of linguistic information through hearing, with or without amplification. Such documentation shall be based upon a formal observation or procedure; and 4.7.2The IEP team shall consider the documentation of hearing impairment in addition to other information relevant to the child’s condition in determining eligibility for special education under the above definition. 4.7.3The age of eligibility of children identified under this definition shall be from birth through 20 years, inclusive. 4.8Eligibility Criteria for Learning Disability: In order for an IEP team to determine eligibility for special education services under the learning disability category, the following is required: 4.8.1Written document for the formative intervention process used with the student. (See section 2.3, “Referral to Instruction Support Team” above). The documentation shall include a clear statement of the student’s presenting problem(s); summary of diagnostic data collected and the sources of that data; and summary of interventions implemented to resolve the presenting problem(s) and the effects of the interventions; and 4.8.2A comprehensive psychological assessment to evaluate the student’s reasoning and cognitive processes in order to rule out mental retardation and emotional disturbance, and 4.8.3A severe discrepancy between achievement and intellectual ability in one or more of the following areas: oral expression, listening comprehension, written expression, basic reading skills, reading comprehension, mathematics calculation or mathematics reasoning, based on correlation tables approved by the Department of Education. 4.8.4The age of eligibility for students identified under this definition shall be from the fourth birthday through 20 years inclusive. 4.9Mental Disability: The degree of mental disability is defined as follows: Educable Mental Disability (EMD) - I.Q. 50-70, +5 points; Trainable Mental Disability (TMD) - I.Q. 35-50, +5 points; Severe Mental Disability (SMD) - I.Q. below 35. 4.9.1Eligibility Criteria for Mental Disability: The IEP team shall consider both the level of intellectual functioning and effectiveness of adaptive behavior, as measured by a licensed or certified school psychologist, in determining that a child has a mental disability and the degree of mental disability. 4.9.2The age of eligibility for children identified under the TMD, and SMD definition shall be from the third birthday through 20 years, inclusive. Children identified under the EMD definition shall be from the fourth birthday through 20 years inclusive. These children may be served at age 3 as having a developmental delay. 4.10Eligibility Criteria for Physical Impairments: Eligibility criteria for physical impairments include examples of orthopedic disabilities, but are not limited to: traumatic brain injury, cerebral palsy, muscular dystrophy, spina bifida, juvenile rheumatoid arthritis, amputation, arthrogryposis, or contractures caused by fractures or burns. Examples of health impairments include, but are not limited to: cancer, burns, asthma, heart conditions, sickle cell anemia, hemophilia, epilepsy, HIV/AIDS or medical fragility. 4.10.1A qualified physician shall document that a child has a physical impairment in order to be considered for special education and related services under the above definition. 4.10.2The IEP team shall consider the child’s need for special education and related services if the physical impairment substantially limits one or more major activities of daily living and the student has: 4.10.2.1Muscular or neuromuscular disability(ies) which significantly limit(s) the ability to communicate, move about, sit or manipulate the materials required for learning; or 4.10.2.2Skeletal deformities or other abnormalities which affect ambulation, posture and/or body use necessary for performing school work; or 4.10.2.3Similar disabilities which result in reduced efficiency in school work because of temporary or chronic lack of strength, vitality, or alertness. 4.10.3Determination by the IEP team of eligibility for services shall be based upon data obtained from: 4.10.3.1Medical records documenting the physical impairment are required, and current medical prescriptions such as O.T./P.T., medication, catheterization, tube feeding shall be included if available; 4.10.3.2Results from specialist team screening using appropriate measures which identify educational and related service needs, as well as environmental adjustments necessary. The team shall include, but not necessarily be limited to, an educator and physical or occupational therapist; and 4.10.3.3Prior program or school records if available; and when determined necessary, a speech/ language evaluation, adaptive behavior scale, vision or hearing screening, social history, and/or psychological evaluation. 4.10.4Age of Eligibility: The age of eligibility for children under this definition shall be from the third birthday through 20 years, inclusive. 4.9Eligibility Criteria for Mental Disability 4.9.1Eligibility Criteria for Mental Disability: In order for the IEP team to determine eligibility for special education services under the Mental Disability category, the following is required: 4.9.1.1A level of intellectual functioning, as indicated below: 4.9.1.1.1Educable Mental Disability: IQ 50-70 +/- 5 points; 4.9.1.1.2Trainable Mental Disability:IQ 35-50 +/-5 points; 4.9.1.1.3Severe Mental Disability: IQ below 35; and 4.9.1.2Significant limitations in two or more areas of adaptive behavior, including communication, self-care, home/school living, social/interpersonal, community use, self-direction/coping, health and safety, functional academics, leisure/play, and work. 4.9.2Assessment for both intellectual functioning and adaptive behavior shall be conducted by a licensed psychologist or certified school psychologist. 4.9.3Age of Eligibility: The age of eligibility for children identified as Trainable Mental Disability and Severe Mental Disability shall be from the third birthday through 20 years, inclusive. Children identified as Educable Mental Disability shall be from the fourth birthday through 20 years, inclusive. These children may be served at age 3, as having a Developmental Delay. 4.10Eligibility Criteria for Orthopedic Impairment: In order for an IEP team to determine eligibility for special education services under the orthopedic impairment category, the following is required: 4.10.1A qualified physician shall document that a child has an orthopedic impairment in order to be considered for special education and related services. 4.10.2The IEP team shall consider the child’s need for special education and related services if the orthopedic impairment substantially limits one or more major activities of daily living and the child has: 4.10.2.1Muscular or neuromuscular disability(ies) which significantly limit(s) the ability to communicate, move about, sit or manipulate the materials required for learning; or 4.10.2.2Skeletal deformities or other abnormalities which affect ambulation, posture, and/or body use necessary for performing school work. 4.10.3Determination by the IEP team of eligibility for services shall be based upon data obtained from: 4.10.3.1Medical records documenting the physical impairment (required) and current prescriptions (e.g., O.T., P.T., medications, etc., if available); 4.10.3.2Results from physical and occupational therapist screening(s) using appropriate measures which identify educational and related service needs, as well as environmental adjustments necessary; and 4.10.3.3Prior program or school records (if available), and, when determined necessary, a speech/language evaluation, adaptive behavior scale, vision or hearing screening, social history and/or psychological evaluation. 4.10.4For purposes of initial eligibility or continued eligibility determination, at least one of the following, and as many as are appropriate for the child’s needs; physical therapist, occupational therapist, or nurse, shall be members of the IEP team. 4.10.5Age of Eligibility: The age of eligibility for children with orthopedic impairments shall be from the third birthday through 20 years, inclusive. Non-regulatory Note: For purposes of funding, children classified under the Orthopedic Impairment category will be counted as Physically Impaired in the Unit Count. 4.11Eligibility Criteria for Other Health Impairment: In order for an IEP team to determine eligibility for special education services under the Other Health Impairment category, the following is required: 4.11.1Documentation from a qualified physician that a child has a chronic or acute health problem. 4.11.2For ADD/ADHD, the above requirement and a school team of qualified evaluators that determine the child exhibits: 4.11.2.1Six (or more) of the following symptoms of inattention for at least six months, to a degree that is maladaptive and inconsistent with developmental level; 4.11.2.1.1Often fails to give close attention to details or makes careless mistakes in schoolwork, work, or other activities; 4.11.2.1.2Often has difficulty sustaining attention in tasks or play activities; 4.11.2.1.3Often does not seem to listen when spoken to directly; 4.11.2.1.4Often does not follow through on instructions and fails to finish schoolwork, chores, or duties in the work place (not due to oppositional behavior or failure to understand instructions); 4.11.2.1.5Often has difficulty organizing tasks and activities; 4.11.2.1.6Often avoids, dislikes, or is reluctant to engage in tasks that require sustained mental effort (such as school work or homework); 4.11.2.1.7Often loses things necessary for tasks or activities (e.g., toys, school assignments, pencils, books, or tools); 4.11.2.1.8Is often easily distracted by extraneous stimuli; 4.11.2.1.9Is often forgetful in daily activities; Or 4.11.2.2Six (or more) of the following symptoms of hyperactivity-impulsivity have persisted for at least six months to a degree that is maladaptive and inconsistent with developmental level: 4.11.2.2.1Often fidgets with hands or feet and squirms in seat; 4.11.2.2.2Often leaves seat in classroom or in other situations in which remaining seated is expected; 4.11.2.2.3Often runs about or climbs excessively in situations in which it is inappropriate (in adolescents or adults, may be limited to subjective feelings of restlessness); 4.11.2.2.4Often has difficulty laying or engaging in leisure activities quietly; 4.11.2.2.5Is often “on the go” or often acts as if “driven by a motor”; 4.11.2.2.6Often talks excessively; 4.11.2.2.7Often blurts out answers before questions have been completed; 4.11.2.2.8Often has difficulty waiting turn; 4.11.2.2.9Often interrupts or intrudes into conversations or games; and 4.11.2.3Some hyperactive-impulsive or inattentive symptoms that caused impairment were present before seven years of age; 4.11.2.4A clear pattern that is consistently manifested across a variety of people, tasks and settings, and that persists across a significant period of time; 4.11.2.5Clear evidence of clinically significant impairment in social, academic or occupational functioning; and 4.11.2.6The symptoms do not occur exclusively during the course of a pervasive developmental disorder, schizophrenia, or other psychotic disorder, and are not better accounted for by another mental disorder (e.g. mood disorder, anxiety disorder, dissociative disorder, or personality disorder). 4.11.3Determination by the IEP team of eligibility for services shall be based upon data obtained from: 4.11.3.1Written documentation from the formative intervention process used with the student (see section 2.3, p.11 “Referral to Instructional Support Team” above). The documentation shall include a clear statement of the student’s presenting problem(s); summary of diagnostic data collected, and the sources of that data; and summary of interventions implemented to resolve the presenting problem(s) and the effects of the interventions; and 4.11.3.2Medical records documenting the health impairment or, in the case of students with ADD/ADHD, medical records documenting that a child has such health impairment and determination by a school team of qualified evaluators, or, in the case of re-evaluation, the IEP team, including the school psychologist, that the child exhibits the criteria listed in number 4.11.2 above. 4.11.4For purposes of initial eligibility or continued eligibility determination, the school psychologist and the school nurse shall be members of the IEP team. 4.11.5Age of Eligibility: The age of eligibility for children with Other Health Impairments shall be from the third birthday through 20 years, inclusive. Non-regulatory Note: For purposes of funding, children classified under the Other Health Impaired category will be counted as Physically Impaired in the Unit Count. 4.11 4.12Eligibility Criteria for Speech and/or Language Impairment Eligibility Criteria: In determining eligibility under the Speech and/or Language classification, the IEP team shall consider the results of an evaluation conducted by a licensed Speech-Language Pathologist which identifies one or more of the following conditions: an articulation disorder, a language disorder, dysfluent speech; and/or a voice disorder. 4.11.1 4.12.1The age of eligibility for children identified under this definition shall be from the fifth birthday through 20 years, inclusive, except where speech and/or language therapy is provided as a related service. In the latter instance, the age of eligibility shall correspond with that of the identified primary disability condition. 4.12 4.13Eligibility Criteria for Traumatic Brain Injury: A qualified physician must document that a child has a traumatic brain injury in order to be considered for special education and related services under the above definition. 4.12.1 4.13.1The IEP team shall consider the child’s need for special education and related services if the traumatic brain injury substantially limits one or more major activities of daily living. 4.12.2 4.13.2The age of eligibility for children under this definition shall be from the third birthday through 20 years, inclusive. 4.13 4.14Eligibility Criteria for Visual Impairment Eligibility Criteria 4.13.1 4.14.1Legally Blind shall be defined as a visual acuity of 20/200 or less in the better eye with best correction, or a peripheral field so contracted that the widest diameter of such field subtends less than 20 degrees. 4.13.2 4.14.2Partially Sighted shall be defined as a visual acuity between 20/70 and 20/200 in the better eye after best correction, or a disease of the eye or visual system that seriously affects visual function directly, not perceptually. A visual impairment may be accompanied by one or more additional disabilities, but does not include visual-perceptual or visual-motor dysfunction resulting solely from a learning disability. 4.13.3 4.14.3A licensed ophthalmologist or optometrist shall document that a child has a best, corrected visual acuity of 20/200 or less in the better eye, or a peripheral field so contracted that the widest diameter of such field subtends less than 20 degrees, legally blind, or a visual acuity of 20/70 or less in the better eye after all correction, partially sighted. 4.13.4 4.14.4The IEP team shall consider the documentation of visual impairment in addition to other information relevant to the child’s condition in determining eligibility for special education under the above definition. 4.13.5 4.14.5The age of eligibility for children identified under this definition shall be from birth through 20 years, inclusive. 4.14 4.15Eligibility Criteria for Preschool Speech Delay (3 and 4 year olds only) 4.14.1 4.15.1A speech disability is defined as a communication disorder/delay involving articulation, voice quality, and/or speech fluency to such a degree that it interferes with a child’s overall communicative performance. 4.14.2 4.15.2In order to determine a significant delay or disorder in this area, the child shall receive a speech and language evaluation conducted by a licensed Speech and Language Pathologist. 4.14.2.1 4.15.2.1A speech and language evaluation shall include assessment of articulation, receptive language and expressive language as measured by a standardized/norm-based instrument. It is strongly recommended that the evaluation include clinical observations and/or an assessment of oral motor functioning, voice quality and speech fluency. Results of the evaluation may identify a significant delay or disorder in one or more of the following areas: 4.14.2.1.1 4.15.2.1.1Articulation errors of sounds that are considered to be developmentally appropriate for the child’s age as measured by an articulation test, 4.14.2.1.2 4.15.2.1.2Conversational speech that is not developmentally appropriate for the child’s age as measured by a speech and language pathologist, 4.14.2.1.3 4.15.2.1.3Oral motor involvement which may affect the development of normal articulation, 4.14.2.1.4 4.15.2.1.4Speech Fluency, or 4.14.2.1.5 4.15.2.1.5Voice Quality 4.14.3 4.15.3Results of the evaluation may indicate a significant delay in receptive and/or expressive language which warrants further evaluation. In this event, the child is to be referred for a multidisciplinary evaluation to determine if he/she meets the eligibility criteria for developmental delay. 4.14.4 4.15.4The age of eligibility for preschool children identified under this definition shall be from the third birth date until the fifth birth date. 3 DE Reg. 1551 (5/1/00) 4 DE Reg. 470 (9/1/00) 21.0Special Programs for Children with Autism: 21.1Definitions of terms applicable only to special programs for children with autism. 21.1.1“Behavior Management Procedure”means any procedure used to modify the rate or form of a target behavior. 21.1.2“Behavior Management Target” means any child’s behavior that either causes or is likely to cause (a) injury to the child (e.g., self-abuse), (b) injury to another person (e.g., aggression), (c) damage to property, (d) a significant reduction in the child’s actual or anticipated rate of learning (e.g., self-stimulation, non-compliance, etc.) or (e) a significant reduction in the societal acceptability of a child (e.g., public masturbation, public disrobing, etc.). 21.1.3“Emergency Intervention Procedure”means any procedure used to modify episodic dangerous behavior (e.g., self-injurious behaviors, physical aggression property destruction) identified in a behavioral intervention plan. 21.1.4“Ethical Use” means the application of a procedure in a manner that is consistent with current community values and protects all of a child’s rights. 21.1.5“Informed Consent” means knowing and voluntary consent by the parent(s), based upon a thorough explanation by the program staff member supervising the individualized Behavior Management procedure, of the nature of the procedure, the possible alternative procedures, the expected behavior outcomes, the possible side effects (positive and negative), the risks and discomforts that may be involved, and the right to revoke the Procedure at any time. 21.1.6“Least Restrictive Procedure” means that behavior management procedure which is the least intrusive into, and least disruptive of, the child’s life, and that represents the least departure from normal patterns of living that can be effective in meeting the child’s educational needs. 21.1.7“School” means any public school or program (special education or otherwise), which has enrolled a child classified with autism. 21.1.8“Accepted Clinical Practice” means any behavior management procedure or treatment, the effectiveness of which has received clear empirical support as documented by publication in peer-reviewed journals or similar professional literature. 21.2Reserved.The Statewide Monitoring Review Board (SMRB) shall be generally administered by the Director for State Services for Children with Autism and the Director of the Exceptional Children and Early Childhood Education Group, Department of Education. 21.2.1The purpose of the SMRB is to define research-based best educational practices for students with autism served in approved programs in Delaware. This includes reviewing and making recommendations to the Secretary of Education regarding the special education and related services for children with autism in approved programs, including programs for students with autism whose placement in private facilities has been authorized by the Department of Education. 21.2.2The SMRB shall consist of the following members: 21.2.2.1Director for State Services for Children with Autism. 21.2.2.2Director of the Exceptional Children and Early Childhood Education Group, or designee. 21.2.2.3One administrator from each LEA/charter school with an approved program for students with autism, or their designee. The administrator or designee must have experience in, and responsibility for, the program for students with autism. 21.2.2.4One non-administrative experienced professional from each approved program for students with autism. These individuals are nominated by the administrator responsible for the approved program and are subject to the approval of the Director for State Services for Children with Autism. 21.2.2.5Two non-voting public representatives nominated annually by the Statewide Parent Advisory Committee. These individuals must not have a child currently served in an approved program. 21.2.3The SMRB shall operate under the following procedures: 21.2.3.1The Director of State Services for Children with Autism shall serve as the Chairperson of the Board. 21.2.3.2A majority of the voting members of the board shall constitute a quorum. 21.2.3.3Decisions of the Board shall be determined by a majority vote of the quorum. 21.2.3.4The chairperson shall set mutually agreeable times and places for meetings, which shall be scheduled at least five times per year, contingent upon agenda items. 21.2.3.5The SMRB shall discharge its responsibilities in accordance with the IDEA and the Administrative Manual for Special Education Services (AMSES). 21.2.3.6The SMRB shall function in an advisory capacity and the procedural safeguards guaranteed to students with autism, their parents (as defined under IDEA), and local school districts, charter schools, or agencies, shall not be diminished by the activities of the SMRB. 21.2.4The SMRB has the following responsibilities: 21.2.4.1To determine which educational methods and curricula are consistent with research-based best practices for students with autism. This includes reviewing and making recommendations regarding proposed new practices. 21.2.4.1.1Requests for review of practices may be submitted to the SMRB by SMRB members, the Secretary of Education, the State Parent Advisory Committee, Superintendents of LEAs, or Chief Administrators of Charter Schools. 21.2.4.1.2If the party making the request for review disagrees with the recommendation of the SMRB regarding best educational practices, they may request the Secretary of Education appoint an independent expert to review the practice. 21.2.4.2To review, at least annually, educational programming and aggregated performance data for students with autism in approved programs in Delaware. 21.2.4.3To make recommendations based on this review regarding appropriate strategies, supports, services, and professional development necessary to ensure the implementation of research-based best educational practices with respect to the evaluation and educational programming for students with autism. 21.2.4.4To assist LEAs /charter schools with approved programs in developing and implementing plans to address the recommendations of the SMRB. 21.2.4.5To submit an Annual Report by September 1 of each year to the Secretary, Department of Education and the President of the State Board of Education. 21.3A Parent Advisory Committee (PAC) shall be established by each local education agency operating a center for the Delaware Autistic Program. 21.3.1The function of the PAC shall be to advise the local education agency on matters pertaining to the local center. 21.3.2Each PAC shall meet no less than four times each year and must be representative of the age groups of children with autism served by the local center. 21.3.3When a local education agency operates a residential program, at least one member of the PAC shall be a parent of a child with autism served in the residential program associated with that center. 21.4A Statewide Parent Advisory Committee (SPAC) shall be established whose membership shall consist of one representative elected annually from each local education agency PAC. 21.4.1The SPAC shall meet no less than four times each year with the Director of DAP advising on matters pertaining to the program. 21.4.2The establishment of bylaws for the SPAC shall be by vote of all of its eligible members. 21.4.3A current statewide membership list shall be provided to all parents. 21.4.4Reimbursement for travel expenses shall be available to members of the Statewide Parent Advisory Committee (SPAC). 21.5A Peer Review Committee (PRC) shall be established by the Director of the Delaware Autism Program (DAP) and the Department of Education in consultation with the Statewide Monitoring Review Board (SMRB). 21.5.1Purpose: The purpose of the PRC shall be to review, in light of accepted clinical practice, the professional and clinical issues involved in the use of behavior management procedures to ensure their appropriate use by the staff of a school district serving children with autism. 21.5.2Composition: The PRC shall consist of three to five members who shall be competent, knowledgeable professionals with at least three years of post-doctoral experience in the theory and ethical application of behavior management procedures. Membership shall be external to the Delaware Autism Program (DAP), the Department of Education, any Delaware school district, and any other State agency or department, excluding State institutions of higher education. Members shall not belong to any in-State committee, council, board or program that deals directly with children with autism. 21.5.3Operation: The PRC shall elect a chairperson and shall adopt a set of rules to guide its operation. A copy of these rules shall be provided to the Department of Education and the Director of the DAP. 21.5.4Peer Review Committee (PRC) Responsibilities 21.5.4.1The PRC shall meet at least every three months to review those behavior management procedures requiring after-the-fact examination. (See Section 21.7.1) 21.5.4.1.1A quorum shall consist of a majority of the Committee. 21.5.4.1.2The PRC chairperson shall announce the dates of review at least one month prior to the review date. 21.5.4.2The PRC shall meet at least six (6) times per year to review procedures requiring prior, case-by- case review that have been granted interim or on-going approval. The monthly review shall continue until said procedure has been discontinued or the PRC votes otherwise. This review may be held jointly with HRC. 21.5.4.3The PRC chairperson shall invite staff members of DAP responsible for implementation of behavior management procedures, the Director of DAP, or any other individual (e.g., a consultant to ensure expertise in a specific behavior management procedure under review) to participate as needed in a non-voting capacity. 21.5.4.4The PRC shall provide technical assistance when requested by the Program Director to develop a behavior management procedure for children engaged in behaviors that pose a significant health risk to the child or others, a significant risk of damage to property, and/or a significant reduction of learning. 21.5.4.5The PRC shall review and evaluate the training and supervision for the staff that will carry out all behavior management procedures requiring prior, individual review and may evaluate the training of staff carrying out procedures requiring after-the- fact review. 21.5.4.5.1The PRC shall provide the Program Director with written comments and recommendations concerning the findings of this review. 21.5.4.6The PRC shall keep written minutes of all its meetings and shall submit them to the Director of DAP, the Department of Education and the HRC chairperson. 21.5.4.6.1These minutes shall be submitted within two weeks of each meeting. 21.5.4.6.2An oral summary of the PRC recommendations shall be made within twenty-four hours following the PRC meeting to the Director of DAP and the HRC chairperson. 21.6A Human Rights Committee (HRC) shall be established by the Director of the DAP and the Department of Education in consultation with the Statewide Autistic Program Monitoring Review Board. 21.6.1Purpose: The purpose of the HRC shall be to review the ethical and children rights issues involved in the use of behavior management procedures to ensure their humane and proper application. 21.6.2Composition: The HRC shall consist of five to ten members representing various occupations, who are not employees or relatives of children enrolled in the DAP, who are not employees of the Department of Education, and who are not members of any in-State organization, agency, or program that deals directly with children with autism. No member of the HRC shall be a member of the PRC. 21.6.3Operation: The HRC shall elect a chairperson and shall adopt a set of rules to guide its operation. A copy of these rules shall be provided to the Department of Education and the Director of the DAP. 21.6.4Human Rights Committee Responsibilities 21.6.4.1Whenever a school proposed to use a behavior management procedure requiring review prior to implementation, the HRC shall meet and review the proposed use of the behavior management procedure. This review shall occur within seven days after the PRC chairperson informs the HRC chairperson of PRC’s recommendations. 21.6.4.1.1A quorum shall consist of a majority of the Committee. 21.6.4.1.2This review, however, may be held jointly with the PRC. 21.6.4.2The HRC chairperson shall invite staff members who are responsible for the implementation of behavior management procedures, the Director of DAP, or any other individual (e.g., consultant, parent) to participate as needed in a non-voting capacity. 21.6.4.3The HRC shall develop a written form to be used to ensure that informed parental consent is obtained before implementation of specified behavior management procedures. 21.6.4.4The HRC shall keep written minutes of all its meetings and shall submit them to the Director of DAP, the Director, Exceptional Children Group, and the PRC chairperson. 21.6.4.4.1These minutes shall be submitted within two weeks of each meeting. 21.6.4.4.2An oral summary of the HRC recommendations shall be made within twenty-four hours following the HRC meeting to the Director of DAP and the PRC chairperson. 21.7Joint responsibilities of the Peer Review and Human Rights Committees are as follows: 21.7.1Issue a written statement indicating which behavior management procedure(s) shall be recommended for use: 21.7.1.1Without further PRC/HRC review during the year approved; 21.7.1.2Without a case-by-case PRC/HRC review but with after-the- fact review (timelines to be established by the PRC); or 21.7.1.3Only with prior case-by-case PRC and HRC (before-the-fact) review; 21.7.2Recommend written modifications, if necessary, of behavior management procedures along with accompanying rationale; 21.7.3Review a school’s proposed Emergency Intervention Procedures for children with autism and issue a written statement indicating which Emergency Intervention Procedures shall be recommended: 21.7.3.1For use without after-the-fact reporting to the PRC/HRC; or 21.7.3.2For use with after-the-fact reporting to the PRC/HRC; 21.7.4Issue an advisory, not mandatory, statement presenting a recommended hierarchy of reviewed behavior management procedures according to the Least Restrictive Procedure principle. 21.7.4.1Notice shall be given to parents of children with autism in the program of the availability upon request, and at no cost to parents, of copies of the reviewed behavior management procedures. 21.7.4.2A copy shall also be forwarded to the Governor’s Advisory Council for Exceptional Citizens. 21.7.5The PRC chairperson, in cooperation with the HRC chairperson, shall announce the joint PRC/ HRC annual review at least one month prior to the review date. 21.7.5.1At the discretion of either chairperson, Committees may meet jointly or separately to conduct before-the-fact and after-the-fact reviews. 21.7.6Approve, before-the-fact, the housing of children under age twelve with a child over age sixteen in a community-based residential program for children with autism operated by a school district designated and approved by the Secretary of Education as the administering agency for the DAP. 21.7.7Review, within 30 days of the granting of interim approval, any request by a school for the immediate implementation of a behavior management procedure requiring prior, case- by-case review. 21.7.7.1Immediate implementation of a proposed procedure may occur after the Program Director has obtained unanimous interim approval from one PRC member and two HRC members. 21.7.7.2Proposed prior review procedures not requiring immediate implementation shall be submitted by a school directly to PRC and HRC chairperson to be reviewed within two weeks of submission of the proposal. 21.7.8Have access to the educational records of any child with autism for purposes of 21.5.1 and 21.6.1 of this section. 21.7.8.1A quorum of a joint meeting shall consist of a majority of combined membership. 21.7.9Submit written Procedural Descriptions for Behavior Management and Emergency Interventions 21.7.9.1Prior to utilizing a behavior management procedure or an emergency intervention procedure for a particular child with autism, a school shall submit written procedural descriptions for at least annual joint review by the PRC and HRC. 21.7.9.1.1The annual date of review shall be announced by the HRC chairperson at least one month prior to the review date. 21.7.9.1.2The school shall submit written procedural descriptions at least two weeks prior to the joint annual review date to the PRC and HRC chairpersons. 21.7.9.1.3The written descriptions shall contain information determined by PRC and HRC and set forth in their operating rules. 21.7.9.1.4PRC and HRC may request pertinent information needed for the completion of reviews. 21.7.9.2After reviewing each behavior management and emergency procedure, the PRC and HRC shall indicate what kind of review each procedure requires (annual, after-the-fact, or prior case-by-case review). A school serving children with autism shall then submit proposals in accordance with PRC/HRC recommendations. 21.7.9.3Behavior management and emergency intervention procedures that require annual review only may then be implemented by a school without further PRC/HRC review until the next annual joint review. A school shall require that the use of these procedures be indicated in a child’s IEP. 21.7.9.4Behavior management and emergency intervention procedures that require after-the-fact review only shall be used by a school without case-by-case review, but shall be reported after the fact to the PRC by dates specified by the Committee chairperson. 21.7.9.4.1The school shall submit written records as set forth in PRC and HRC operating rules, or any other relevant information requested by either Committee, to the PRC chairperson at least one week prior to the review date. 21.7.9.5Behavior management procedures that require prior case-by- case review shall be submitted to the PRC and HRC for joint review prior to implementation. 21.7.9.5.1If the PRC and HRC decide not to review the case jointly, the PRC shall first review the proposal. 21.7.9.5.2The proposal shall contain information determined by PRC and HRC and set forth in their operating rules. 21.7.9.5.3Recommendations and rationale for the decision shall be provided whenever the PRC fails to recommend use of a proposed procedure. 21.7.9.6Following the PRC recommendation (or following joint PRC/HRC approval), written informed parental consent shall be obtained by the school. 21.7.9.6.1If an interim consent is obtained by telephone, then two witnesses to the content of the conversation shall sign a form certifying that the parent(s) gave informed consent. The school must then obtain written verification of this consent from the parent(s). 21.7.9.6.2Parents may withdraw consent at any time; if said withdrawal is done verbally in person or by telephone, the parent shall provide written verification of withdrawal within 10 days of the initial notice. 21.7.9.7Whenever the PRC and HRC choose not to meet jointly, the information provided by a school shall be submitted to the HRC along with the PRC’s recommendations. 21.7.9.7.1Recommendations and rationale for the decision shall be provided whenever the HRC fails to recommend the use of a proposed procedure. 21.7.9.7.2Whenever a proposal is recommended for implementation, an IEP objective shall be developed relating to the behavior management target and the proposed procedure. 21.7.9.8Whenever the PRC or HRC fail to recommend or modify the proposed procedure, the parent(s) shall be notified by the school. 21.7.9.8.1If the procedure is to be modified, informed written consent shall be obtained from the parents. 21.7.9.9The school staff responsible for implementing the behavior management procedure shall provide written reports to the PRC and HRC, summarizing the records (which shall be kept on a daily basis) on the use and results obtained by implementing the procedure. 21.7.9.9.1Records shall be kept in an objective, quantitative form, permitting easy evaluation of child data. 21.7.9.9.2The PRC and HRC shall have unrestricted access to all data, records, and reports relating to the behavior management procedures used. 21.7.9.10Any behavior management or emergency intervention procedure that is developed by a school after the joint annual review date for a particular school year shall be submitted to the PRC and HRC chairpersons for joint review prior to any implementation of the new procedure, unless interim approval has been recommended as described in 21.7.7. 21.8Private facilities serving autistic children shall have Peer Review and Human Rights Committee policies as follows: 21.8.1Private facilities serving children with autism located in Delaware shall have Peer Review Committee and Human Rights Committee policies that comply with DELACARE standards (requirements for Residential Child Care Facilities, Department of Services for Children, Youth and their Families). 21.8.2Private facilities serving Delaware children with autism located in other states shall comply with the Peer Review Committee and Human Rights Committee policies used by the state in which the facility is located. 21.8.2.1Said policies shall be reviewed by Delaware’s Department of Education to determine that they grant protection substantially equivalent to that provided by Delaware for children prior to any recommendation of approval for private placement by the State Board of Education. 21.8.3Private facilities serving Delaware children with autism located in states which have no Peer Review Committee and Human Rights Committee policies shall have written Peer Review and Human Rights Committee policies that shall be reviewed by Delaware’s Department of Education in consultation with Delaware’s PRC, to determine that they grant protection substantially equivalent to that provided by Delaware for children, prior to any recommendation of approval for private placement by the Secretary of Education. 21.8.4Private facilities serving Delaware children with autism located in states which require substituted judgment or other court order for the use of aversive or related restrictive procedures, and which have obtained such an order for each Delaware child, shall be deemed to have met the peer review and human rights requirements of this section. 21.9Whenever psychotropic medication has been prescribed by a physician and appears to affect adversely the educational program of a child with autism, the administrator of the center shall contact the parent and request a medication review with the parent and physician. 21.10Appropriate liaison with the Department of Health and Social Services and other agencies shall be established by the Director of DAP and the Department of Education. 3 DE Reg. 1709 (6/1/00) * Please Note: As the rest of the sections were not amended they are not being published. The complete regulation can be found at: http://www.state.de.us/research/AdminCode/title14 Education Impact Analysis Pursuant to 14 Del.C. §122(d) 1105 School Transportation A.Type of Regulatory Action Required Amendment to Existing Regulation B.Synopsis of Subject Matter of the Regulation The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 1105 School Transportation in order to add a new section 22.0 that includes the responsibilities of non-public, non-profit schools for the administration of their transportation systems under the rules and regulations of the Department of Education. Section 13.2.1 is also amended in order to change the statement about when the bus contractors are paid from “at the end of the month” to “in the middle of the month” due to the fact that schools are starting earlier in the fall. C.Impact Criteria 1.Will the regulation help improve student achievement as measured against state achievement standards? The amended regulation addresses school transportation issues not student achievement issues. 2.Will the regulation help ensure that all students receive an equitable education? The amended regulation addresses school transportation issues not equity issues. 3.Will the regulation help to ensure that all students’ health and safety are adequately protected? The amended regulation addresses school transportation issues which include numerous references to safety. 4.Will the regulation help to ensure that all students’ legal rights are respected? The amended regulation addresses school transportation issues and protection of students rights are included. 5.Will the regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The amended regulation will preserve the necessary authority and flexibility of decision making at the local board and school level. 6.Will the regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The amended regulation will not place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels. 7.Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The decision making authority and accountability for addressing the subject to be regulated will remain in the same entity. 8.Will the regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The amended regulation will be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies. 9.Is there a less burdensome method for addressing the purpose of the regulation? The Delaware Code requires that the Department of Education make regulations concerning School transportation. 10.What is the cost to the State and to the local school boards of compliance with the regulation? There is no cost to the State and to the local school boards of compliance with the regulation. 1105 School Transportation 1.0Responsibilities of Local Superintendents:u Local District Superintendents or their designees shall assume the following responsibilities concerning the transportation of students: 1.1Implement state school transportation regulations. Local school disciplinary policies shall include pupil behavior and discipline on the school bus. 1.2Define and coordinate changes to school transportation operations impacting local district budget allocations with the Department of Education. 1.3Provide resource material and encourage teachers to include instruction in passenger safety in the school curriculum. 1.4Provide for close and continuous supervision of the unloading and loading zones on or near the school plant, and of the emergency drills. 1.5Provide supervision for those students whose bus schedules require them to arrive at school before classes begin and remain after classes terminate. 1.6Promote public understanding of, and support for the district‘s school transportation program. 1.7Assume prime responsibility for student conduct. 2.0Conditions for School Bus Contractors: School Bus Contractors shall agree to the following conditions in their contracts: 2.1Follow all applicable federal, state, and local school bus regulations and policies. 2.2Communicate effectively with the district transportation supervisor. 2.3Dismiss a school bus driver when it can be shown that the driver is not satisfactorily performing driver tasks.District transportation supervisors may restrict a driver from operating in their school district. 2.4Pay drivers and aides and provide substitute drivers and aides. 3.0Responsibilities of School Bus Drivers: Local school districts shall have a policy concerning the responsibilities of school bus drivers which, at a minimum, includes the following: 3.1A statement that the school bus driver is in full charge of the bus and pupils, has the authority of a classroom teacher and is responsible for the health, safety, and welfare of each passenger. 3.2Statements listing the following specific responsibilities of the bus driver: 3.2.1Operate the school bus in a safe and efficient manner. 3.2.2Conduct pre-trip and post-trip checks on the vehicle. 3.2.3Establish and maintain rapport with passengers. 3.2.4Maintain discipline among passengers. 3.2.5Meet emergency situations effectively. 3.2.6Communicate effectively with district and school staff. 3.2.7Maintain effective contact with the public. 3.2.8Complete reports as required by the state or school district. 3.2.9Complete required training programs satisfactorily. 3.2.10Refrain from using profane or indecent language or tobacco while on duty. 3.2.11Dress appropriately. 3.2.12Pickup and drop-off students at designated stops. 3.2.13Submit to periodic random drug and alcohol testing and be subject to actions specified in the Delaware Code and in federal requirements. 3.2.14Report suspected cases of child abuse to the school principal or designated official. 3.2.15Notify the district transportation supervisor of any school bus accident. 3.3A statement requiring a report of a physical examination on forms designated by the Department of Education. 4.0Qualifications and Responsibilities of School Bus Aides 4.1Qualifications for School Bus Aides include the following and shall apply to all new applicants and for any person whose employment as an aide has lapsed for a period of over one year. 4.1.1Be at least 18 years of age. 4.1.2Be fingerprinted to allow a criminal history check at both state and federal level and meet the same requirements (pre-licensing) specified for school bus drivers in the Delaware Code. 4.1.3File with the district transportation supervisor a notarized affidavit (the same as the school bus driver affidavit) attesting to acceptable criminal history pending an official state and federal criminal record report. 4.1.4Submit to the federal drug and alcohol testing procedures established for school bus drivers. 4.2Local school districts shall have a policy concerning school bus aides which, at a minimum, lists the following responsibilities: 4.2.1Assist in loading and unloading of students, including lift operation. 4.2.2Ensure that students and equipment are properly strapped in seats. Adjust, fasten, and release restraint devices for students and equipment, as required. Monitor overall safety of students and equipment. 4.2.3Ensure that all students remain seated at all times. 4.2.4Assist the driver during unusual traffic conditions; act as a lookout if necessary when bus must be backed. 4.2.5Assist the driver in the enforcement of all state and school district bus safety regulations. 4.2.6Perform record keeping tasks related to student attendance and bus assignment. 4.2.7Monitor and report student misbehavior according to established procedure. 4.2.8Assist the driver in keeping the interior of the bus clean. 4.2.9Assist students with disabilities with personal needs associated with their disabilities. 4.2.10Assist in bus evacuation drills. 4.2.11Work cooperatively with all school personnel and parents. 4.2.12Perform other duties as assigned by the district transportation supervisor or designee. 6 DE Reg. 643 (11/1/02) 5.0Student Conduct on School Buses: School Districts shall have a policy concerning the behavior of students on school buses that shall, at a minimum, contain the following rules which if not followed may result in the suspension of bus riding privileges. 5.1Obey the driver promptly, and be courteous to the driver and to fellow students.Students are to conduct themselves while on the bus in such a way that it will not distract the driver from the job of driving. 5.2Be at their bus stop on time for pickup. 5.3Wait for the bus on the sidewalk or shoulder, not the roadway. 5.4Keep a safe distance from the bus while it is in motion. 5.5Enter the bus without crowding or disturbing others and occupy their seats immediately. 5.6Get on or off the bus only when it is stopped. 5.7Remain seated and facing forward. No student shall occupy a position in the driver area in front of a stanchion, barrier, or white floor line that may distract the driver’s attention or interfere with the driver’s vision. 5.8Stay out of the driver’s seat. Also, unnecessary conversation with the driver is prohibited while the bus is in motion. 5.9Follow highway safety practices in accordance with the Motor Vehicle Laws of the State of Delaware and walk on the side of the road facing traffic when going to or from the bus or bus stop along the highway. Before crossing the road to board the bus or after being discharged from the bus cross only upon an audible clearance signal from the driver. 5.10Do not cross the road until it is clear of all traffic or that traffic has come to a complete stop and then walk in front of the bus far enough to be seen by the driver at all times. 5.11Observe classroom conduct when on the bus. 5.12Do not call out to passers-by or open the bus windows without permission from the driver, nor extend head or arms out of the windows. 5.13Do not leave the bus without the driver’s consent, except on arrival at their regular bus stop or at school. 5.14Keep the bus clean, sanitary, and orderly and not damage or abuse the equipment. 5.15Do not smoke, use profanity or eat or drink on the bus. 5.16Do not throw articles of any kind in, out, or around the bus. 5.17Other forms of misconduct that will not be tolerated are acts such as, but not limited to, indecent exposure, obscene gestures, spitting, and others that may be addressed in the school code of conduct. 6.0Procedures for Operating Buses: Each school district shall adopt the following procedures for the operation of their school buses: 6.1No person other than a pupil, teacher, school official, aide or substitute driver shall be permitted to ride on a school bus while transporting pupils. Exceptions may be made for parents involved in Department of Education educational programs that provide for transportation and others approved by the district transportation supervisor. 6.2The driver shall maintain a schedule in the bus and shall at all times adhere to it.Drivers shall not be required to wait for pupils unless they can be seen making an effort to reach the bus stop. 6.3The driver shall maintain discipline on the bus, and shall report cases of disobedience or misconduct to the proper school officials. No pupils may be discharged from the bus for disciplinary reasons except at the home or school. The principal or designated school official shall be notified of such action immediately. Any change to the action taken by the driver or any further disciplinary action to be taken is the responsibility of the principal or designated school official. 6.4Pupils shall have definite places to get on and leave the bus, and should not be allowed to leave the bus at any place other than the regular stop without written permission from their parents, and approval by the principal or designated school official, except in cases of emergency. Districts may adopt a more restrictive policy. 6.5Buses shall be brought to a full stop before pupils are allowed to get on or off. Pupils are not permitted to ride outside or in any hazardous location in the bus including the area ahead of the stanchions, barriers, or white floor line designating the driver-area. 6.6Buses shall not stop near the crest of hills, on curves, or on upgrades or downgrades of severe inclination. When stopped for the purpose of receiving or discharging pupils, the bus shall always be stopped on the right side of the road and as far off the paved or main traveled portion of the highway as the condition of the shoulder permits. 6.7Pupils who must cross the road to board the bus or after leaving the bus shall cross at a distance in front of the bus and beyond the crossing control arms so as to be clearly seen by the driver and only upon an audible clearance by the driver. The driver shall attempt to signal pupils to cross by instructions through the external speaker of the public address system. 6.8All loading and unloading of pupils shall be made from the service door. The rear exit door is not to be used except in cases of emergency or emergency drills. No object shall be placed in the bus that restricts the passage to the emergency door or other exits. 6.9No one but the driver shall occupy the driver’s seat. Pupils shall remain behind the white floor line. 6.10Seats may be assigned to pupils by the driver, subject to the approval of a school official. 6.11The doors of the bus shall be kept closed while the bus is in motion, and pupils shall not put their head or arms out of open windows. 6.12When the bus is stopped on school grounds, students are aboard, and the motor is running, the transmission shall be in neutral (clutch disengaged) and the parking brake set. While on school grounds, drivers shall not leave their seat while the motor is running or leave the key in the ignition switch. 6.13Fuel tanks shall not be filled while the engine is running or while pupils are in the bus. 6.14Weapons of any kind are not permitted on a school bus. 6.15Animals are not permitted on school buses; however, a service animal is permitted if a physician certifies that it is required. 6.16A school bus shall not be used for hauling anything that would make it objectionable for school use or unsafe for passengers. 6.17Band instruments, shop projects and other school projects shall not be permitted on the bus if they interfere with the driver or other passengers. The aisle, exits, and driver’s vision shall not be blocked. 6.18Bus stops on roadways with three or more lanes (with oncoming traffic) must be made on the right side of the road. Students shall not be required to cross more than two lanes of traffic when entering or leaving the bus. 6.19Headlights or daytime running lights shall be on at all times when the bus is in motion. 6.20On the bus route every effort should be made to load children before turn- arounds are made and unload them after the turn-around is made. 6.21Backing of school buses is prohibited, except in unusual circumstances: 6.21.1A school bus shall not be driven backwards on school grounds unless an adult is posted to guard the rear of the bus. 6.21.2When backing is unavoidable extreme caution must be exercised by the bus operator and an outside observer should be used if possible. 3 DE Reg. 942 (1/1/00) 7.0Accident Reports All drivers or contractors shall complete accident reports and submit them to the district person in charge of transportation in order to assure accurate information pertaining to school bus accidents. 7.1The following information shall be included on all school bus accident reports and be maintained in the district transportation files: 7.1.1A description, preferably using diagrams, of the damage to each vehicle in addition to estimates of damage costs. 7.1.2A description of all personal injuries. 7.1.3A list of passengers and witnesses. 7.1.4Name, address and telephone number of the driver. 7.1.5Follow-up information, such as the actual cost of repairs, should be added to the accident report wherever it is filed; i.e., in federal, state or local offices, so that the record of the accident is completed. Other pertinent information relating to the accident that should be added later, if the information is readily available, includes: Disposition of any litigation. Disposition of any summonses. Net effects of all personal injuries sustained, including medical care given, physician’s fees, hospital expenses, etc. Amount of property damage other than to vehicles involved. Any corrective actions taken against the school bus driver, e.g., training, suspension, or dismissal. A summation of the driver’s total accident record so that each completed report form will contain a listing of the total number of accidents that the driver has had. 3 DE Reg. 942 (1/1/00) 8.0Transportation Benefits: Transportation benefits shall be provided for pupils in grades K-6 whose legal residences are one (1) mile or more from the public schools to which they would normally be assigned by the district administrations and for pupils in grades 7-12 whose legal residences are two (2) miles or more from the public schools to which they would normally be assigned by the district administrations. 8.1For the purpose of these regulations, the “legal residence” of the pupil is deemed to be the legal residence of the parent(s), legal guardian(s), or caregiver Relative Caregiver as described in 14 Del.C. §202(e)(3). Daycare facilities may be designated as a pupil’s residence for pickup and drop off. 8.2To determine pupil eligibility for transportation benefits, measurement shall be by the most direct route provided by a public road or public walkway. The measurement shall be from the nearest point where a private road or walkway connects the legal residence of the pupil with the nearest public entrance of the school building to which the pupil is normally assigned by the school district administration. 8.3All school bus routes shall be measured from the first pick-up point to the respective schools served in the approved sequence, and then by the most direct route back to the first pick- up point. 8.4Additional bus routes required after the opening of school shall be approved by the Department of Education and supported by evidence of need to include: enrollment number changes, descriptions of existing routes in the area of proposed additional service, the run times, and actual loads. A description of the proposed route shall also accompany the request. 8.5Transportation for eligible pupils may be provided from locations other than their legal residence provided that: 8.5.1Such pickup and discharge points as approved by the district administration are in excess of the relevant one and two mile limits from the school to be attended, and such transportation to be provided will be to the public school to which the pupil is assigned by the district administration. 8.5.2Such transportation to be provided be on the same bus and/or route to and from the school attended by the pupil (i.e. each student is entitled to one seat on one bus) except that permission may be granted on a year-by-year basis by the district administration for eligible pupils to ride other buses if seats are available and does not create additional expense to the State. 8.5.3The limitation pertaining to “same bus and route” indicated above is not applicable to pupils attending vocational-technical schools or kindergartens operating one-half day sessions. 8.6A spur to a bus route (where a bus leaves a main route) shall not be scheduled unless the one-way distance is greater than ½ mile. Requests for exception due to a unique traffic hazard from a parent must be in writing, approved by the local school board, and submitted through the Chairman of the Unique Hazard Committee for review. 8.7Students otherwise ineligible to ride a bus may ride if a physician certifies that a student is unable or should not walk from home to school and return. 9.0Bus Capacities: 9.1Bus capacities for children in grades K-6 shall be established by the manufacturer on the basis of 13 inches per child, and for Grades7-12 secondary pupils the capacity shall be established on the basis of 15 inches per child. 9.2A mixture of the criteria will be used to plan loads when pupils come from both of the above groups. 9.3Actual bus loads may not exceed this guidance. Standees shall not be permitted under normal circumstances; however, exceptions may be made in emergency situations on a temporary basis. 10.0Loading and Unloading: Each school shall have a loading and unloading dock or area, rather than load or discharge passengers onto the street. On school grounds all other traffic is prohibited in the loading and unloading area during school bus loading/unloading operations. 11.0Unique Hazards: Unique hazards are considered to be conditions or situations that expose the pedestrian to rare or uncommon traffic dangers. This definition is not intended to include hazards representative of situations which may exist throughout the State. 11.1Procedures for handling Unique Hazards requests. 11.1.1When the request for relief originates with parents of pupils affected or vested officials, such as State and local police representatives, Safety Council representatives, and legislators, it shall be presented in writing to the local school authorities. 11.1.1.1The local school administration shall make every effort to resolve problems identified by the parents, vested officials, or by the local district staff. 11.1.1.2If the problem cannot be resolved by the local school administration, the request shall be forwarded to the local board of education for appropriate action. If the local board of education has explored all of the local alternatives to resolve the problem without success, a request by board action shall be made to the Chairman of the Unique Hazards Committee (Education Associate for School Transportation). 11.2The request to the Unique Hazards Committee must include: 11.2.1The original request from the parents, vested officials, or the district staff. 11.2.2A statement of the specific hazard and area involved including maps showing the specific location, points of concern and schools attended. 11.2.3Number and grades of children involved. 11.2.4School schedule and the time children would normally be walking to and from school in the area of concern. 11.2.5List any actions to resolve the problem taken by the local school administration. 11.2.6List any actions to resolve the problem taken by the local board of education. 11.2.7List any actions to resolve the problem taken by the town, the city or county. 11.3The Unique Hazards Committee will process the request and report its findings and recommendations to the Department of Education for their consideration and action. A copy of the report will also be forwarded to the local board of education involved. 11.4The Unique Hazards Committee consists of representatives from the Department of Transportation; the New Castle County Crossing Guard Division; Delaware Safety Council; Traffic Co