Cumulative Tables......................................................................................................................................... 703 ................ .............................................. .............................................. 103 Accountability for Schools, Districts and the State..................................................................... 708 106 Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II)...................... 725 106A Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II) Revised..... 732 108 Administrator Appraisal Process Delaware Performance Appraisal System (DPAS II).............. 738 108A Administrator Appraisal Process Delaware Performance Appraisal System (DPAS II) Revised 745 251 Family Educational Rights and Privacy Act (FERPA)................................................................. 751 252 Required Educational Records and Transfer and Maintenance of Educational Records........... 753 714 Professional Employee Work Stoppage or Strike....................................................................... 756 725 School Administrator Contracts and Agreements....................................................................... 758 738 Financial Goals for Instruction and Instruction-related Expenditures......................................... 759 ........................................................ 1511 Issuance and Renewal of Continuing License.......................................................................... 762 ................................................................................ ...................................................... ........: 9068 and 9085 - Food Supplement Program - Certification Periods Reporting Changes..... 779 11000 - Child Care Subsidy Program................................................................................... 782 .................................................................................................................. ........................................................................ 1124 Control of Volatile Organic Compound Emissions, Sections 2.0, 12.0, 19.0, 20.0 and 22.0............................................................................................................................. 788 1125 Requirements for Preconstruction Review, Section 3.0 Prevention of Significant Deterioration of Air Quality................................................................................................................. 789 1138 Emission Standards for Hazardous Air Pollutants for Source Categories, Section 14.0............................................................................................................................... 790 1141 Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products, Section 3.0 Portable Fuel Containers......................................................................... 792 1351 Delaware Regulations Governing Underground Storage Tank Systems.................................. 796 .......................................................... 3304 Creel Limits and Seasons......................................................................................................... 813 ...................................... ...................................................................... 1770 Respiratory Care Practice Advisory Council............................................................................. 815 1800 Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners......... 825 3700 Board of Examiners of Speech/Language Pathologists, Audiologists & Hearing Aid Dispensers........................................................................................................................... 826 4400 Delaware Manufactured Home Installation Board.................................................................... 834 .................................................. Regulation Docket No. 50: Rules, Standards and Indices to Ensure Reliable Electric Service by Electric Distribution Companies................................................................................. 837 Delaware Council on Police Training ................................................................................... ....................... 840 .................................................. .................................................. 501 Harness Racing Rules and Regulations, Section 7.0 Rules of the Race................................... 841 .............................................. .............................................. 742 Compensation of School District and Charter School Personnel Under Federal Projects......... 842 746 Criminal Background Checks for Student Teaching................................................................... 843 1105 School Transportation.............................................................................................................. 845 ................................................................................ ...................................................... ............3017 Other CMR Elements................................................................................................... 847 .................................................................................................................. ........................................................................ 1302 Regulations Governing Hazardous Waste............................................................................... 852 ....................................................................a........ 5103 Delaware Dam Safety Regulations.......................................................................................... 854 .................................................................................... ................................................ 2300 Pawn Brokers, Secondhand Dealers and Scrap Metal Processors......................................... 856 2400 Constables.............................................................................................................................. 857 ...................................... ...................................................................... 1790 Acupuncture Advisory Council................................................................................................. 858 ................................................................................ 2101 Mortgage Loan Brokers Operating Regulations....................................................................... 862 2201 Licensed Lenders Operating Regulations................................................................................ 862 2401 Mortgage Loan Originator Licensing........................................................................................ 862 .................................. No. 13 Promulgation of the Delaware Emergency Operations Plan........................................................ 864 .................................................................... .............................................................., Notice of Public Hearing and Business Meeting............................... 866 State Board of Education, Notice of Monthly Meeting.................................................................................... 866 Dept. of Health and Social Services, Div. of Social Services, Notice of Public Comment Period.................. 866 Dept. of Natural Resources and Environmental Control, Division of Air and Waste Management Notices of Public Hearings and Comment Periods..................................................................... 867 - 868 Div. of Fish & Wildlife, Notices of Public Hearing and Comment Period.................................................. 868 Dept. of State, Div. of Professional Regulation Respiratory Care Practice Advisory Council, Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners, Board of Examiners of Speech/Language Pathologists, Audiologists & Hearing Aid Dispensers, Delaware Manufactured Home Installation Board, Notices of Public Hearings and Comment Periods...................................................................................... 868 - 870 .................................................., Notice of Public Comment Period........................................................... 870 ....................................................................................................................................... 13 .............. 593(Prop.) Proposed Amendments to the Water Quality Regulations, Water Code and Comprehensive Plan to Revise the Human Health Water Quality Criteria for PCBs in the Delaware Estuary, etc.................................................................................... 13................ 154(Prop.) 501 Regulations of the Delaware Solid Waste Authority................................................ 13 ................ 326(Prop.) 502 Statewide Solid Waste Management Plan.............................................................. 13 ................ 333(Prop.) Proposed Recommendations for 2009........................................................................... 13........................ 7(Prop.) 13 .............. 629 (Final) ........................................................................ 502 Delaware Standardbred Breeder’s Fund Regulations, Sections 4.0, 9.0 & 14.013 .............. 496(Final) 304 Exotic Animal Regulations ............................................................................... 13................ 8(Prop.) 13 .............. 559(Prop.) 501 Harness Racing, Rule 7.0 Rules of the Race................................................... 13................ 17(Prop.) 501 Harness Racing Rules and Regulations, Sections 7.0 and 10.0 ..................... 13 .............. 336(Prop.) Rule 14.20 Toe Grabs.............................................................................................. 13................ 6(Emer) 13 .............. 151(Emer) Rule 11.0, Entries, Subscriptions, Delegations........................................................ 13 .............. 343(Prop.) 13 .............. 497(Final) 202 Freedom of Information Act (FOIA) Procedures............................................... 13 .............. 252(Final) 260 General Administrative Review Procedures for the Child and Adult Care Food Programs of the United States Department of Agriculture CACFP/USDA........ 13 .............. 345(Prop.) 13 ................ 636(Final) 501 State Content Standards................................................................................... 13................ 256(Final) 502 Alignment of Local School District Curricula to the State Content Standards... 13 .............. 257(Final) 609 District and School-Based Intervention Services.............................................. 13 ..................570(Prop.) 705 Leave for Training Camp or Special Duty in the National Guard or the Military Reserves of the United States .......................................................................... 13.................. 348(Prop.) 13 .............. 637(Final) 706 Credit for Experience for Full Time Active Duty Service in the Armed Forces.. 13 .............. 349(Prop.) 13 .............. 639(Final) 718 Health Examinations for Employees of School Districts, Charter Schools, and Alternative Programs.................................................................................. 13 .............. 351(Prop.) 13 .............. 640(Final) 735 Standardized Financial Reporting..................................................................... 13 ................ 572(Prop.) 736 Local School District and Charter School Citizen Budget Oversight Committees....................................................................................................... 13 .............. 574(Prop.) 742 Compensation of School District and Charter School Personnel Under Federal Projects............................................................................................................. 13 ................ 443(Prop.) 746 Criminal Background Check for Student Teaching...................................... 13 ................ 445(Prop.) 851 K to 12 Comprehensive Health Education Program.................................... 13 .............. 578(Prop.) 852 Child Nutrition .................................................................................................. 13 .............. 353(Prop.) 1105 School Transportation..................................................................................... 13 .............. 449(Prop.) 1507 Alternative Routes to Teacher Licensure and Certification Program.............. 13 .............. 354(Prop.) 13 ................ 642(Final) 1512 Issuance and Renewal of Advanced License................................................. 13 .............. 359(Prop.) 13 .............. 647(Final) 1590 Delaware Administrator Standards................................................................. 13 .............. 362(Prop.) 13 .............. 650(Final) 460 Sports Lottery Rules and Regulations.............................................................. 13................ 24(Prop.) 13 ................ 406(Final) 1915(c) Home and Community-Based Services Waiver for the Elderly and Disabled ........................................................................................................... 13................ 93(Final) Diamond State Health Plan 1115 Demonstration Waiver ....................................... 13.................. 370(Prop.) 13 .............. 652(Final) Title XIX Medicaid State Plan, Attachment 4.19-a, Page 3, Reimbursement Methodology for Inpatient Hospital Services..................................................... 13.................. 373(Prop.) 13 .............. 656(Final) Title XIX Medicaid State Plan, Attachment 4.19-b, Page 14, Reimbursement Methodology for Medicaid Services ................................................................. 13.................. 375(Prop.) 13 .............. 658(Final) Title XIX Reimbursement Methodology for Medicaid Services ............................... 13 ................ 259(Final) ........17900 Medicaid for Workers with Disabilities ............................................ 13 .............. 371(Prop.) 13 .............. 654(Final) 17908 Unearned Income Exclusion............................................................ 13 .............. 371(Prop.) 13 .............. 654(Final) 17911 Financial Eligibility Determination.................................................... 13 .............. 371(Prop.) 13 .............. 654(Final) 17912 Retroactive Eligibility....................................................................... 13 .............. 371(Prop.) 13 .............. 654(Final) 20800 Determining Eligibility for the Acute Care Program......................... 13 ................ 263(Final) ........1006.6 Civil Rights Program and Public Relations..................................... 13................ 7(Prop.) 13 .............. 150(Err.) 13 .............. 407(Final) 2001.1 Redetermination: Eligibility Review Periods................................... 13 .............. 378(Prop.) 13 .............. 661(Final) 3017 Other CMR Elements........................................................................ 13 .............. 450(Prop.) 4002.2 Available Resources....................................................................... 13 .............. 378(Prop.) 13 .............. 663(Final) 4002.5 Excluded Resources....................................................................... 13 .............. 378(Prop.) 13 .............. 663(Final) 4002.6 Disposal of Real Property............................................................... 13 .............. 378(Prop.) 13 .............. 663(Final) 9032.3 Utility Expenses.............................................................................. 13 .............. 267(Final) 9032.8 (Reserved) ..................................................................................... 13................ 267(Final) 9032.9 Continuing Shelter Charges............................................................ 13 .............. 267(Final) 9032.11 (Reserved).................................................................................... 13................ 267(Final) 9038 Verification for Recertifications and Interim Changes........................ 13 .............. 267(Final) 9059 Income Exclusions............................................................................. 13 .............. 580(Prop.) 11003.7.8 Special Needs Children.............................................................. 13................ 97(Final) 11006.4.1 Absent Day Policy...................................................................... 13................ 100(Final) 305 Actuarial Opinion and Memorandum Regulation.................................................... 13................ 102(Final) 607 Defensive Driving Course Discount (Automobiles and Motorcycles) ..................... 13 ................ 158(Prop.) 13 .............. 498(Final) 901 Arbitration of Automobile and Homeowners’ Insurance Claims.............................. 13 .............. 583(Prop.) 1212 Valuation of Life Insurance Policies....................................................................... 13 ................ 152(Emer) 13 .............. 409(Final) 1215 Recognition of Preferred Mortality Tables for use in Determining Minimum Reserve Liabilities.................................................................................................... 13.................. 153(Emer) 13 .............. 410(Final) 1305 Loss Ratio Filing Procedures for Health Insurers and Health Service Corporations for medical and H ospital Expense-incurred Insurance Policies and Group Plans 13 .............. 587(Prop.) 1501 Medicare Supplement Insurance Minimum Standards.......................................... 13 ................ 270(Final) Part H Provisions Applicable to Broker-Dealers, Agents, Investment Advisers and Investment Adviser Representatives § 800. Senior Specific Designations....... 13................ 48(Prop.) Rules and Regulations Pursuant to the Delaware Securities Act............................ 13 .............. 381(Prop.) 13 .............. 667(Final) 1101 Definitions and Administrative Principles........................................................ 13................ 411(Final) 1138 Emission Standards for Hazardous Air Pollutants for Source Categories, Section 10..................................................................................... ............ 13 ................ 165(Prop.) 13 .............. 668(Final) 1142 Specific Emission Control Requirements........................................................ 13 .............. 382(Prop.) 13 .............. 670(Final) 1146 Electric Generating Unit (EGU) Multi-Pollutant Regulation............................. 13 .............. 499(Final) 1301 Regulations Governing Solid Waste, Sections 4.0, 6.0, 7.0 and 10.0............ 13 .............. 185(Prop.) 1302 Regulations Governing Hazardous Waste...................................................... 13 .............. 452(Prop.) 3512 Winter Flounder Size Limit; Possession Limit; Seasons................................. 13.................. 386(Prop.) 13 .............. 672(Final) 3711 Conch Minimum Size Limits (Formerly S-48).................................................. 13 ................ 387(Prop.) 13 .............. 675(Final) 3904 Seasons.......................................................................................................... 13 .............. 458(Prop.) 5103 Delaware Dam Safety Regulations and Procedures..................................... 13 .............. 461(Prop.) 7401 Surface Water Quality Standards ................................................................... 13 .............. 217(Prop.) 1300 Board of Examiners of Private Investigators & Private Security Agencies .... 13 .............. 229(Prop.) 13 .............. 502(Final) 2300 Pawn Brokers, Secondhand Dealers and Scrap Metal Processors............... 13 .............. 462(Prop.) 2400 Board of Examiners of Constables................................................................. 13 ................ 388(Prop.) 13 .............. 677(Final) Uniform Controlled Substance Act Regulations................................................ 13 ....................281(Final) 1001 Assistance for the Development of the Arts Regulations............................... 13................ 231(Prop.) 100 Gaming Control Board 101 Regulations Governing Bingo.................................................................... 13................ 49(Prop.) 13 .............. 412(Final) 13 .............. 599(Prop.) 102 Regulations Governing Raffles.................................................................. 13................ 107(Final) 103 Regulations Governing Charitable Gambling Other Than Raffles ........ 13................ 107(Final) 13 .............. 599(Prop.) 104 Regulations Governing No Limit Texas Hold’em Poker ............................ 13................ 49(Prop.) 13................ 107(Final) 13 .............. 412(Final) 13 .............. 599(Prop.) 1000 Board of Pilot Commissioners........................................................................ 13 .............. 464(Prop.) 13 .............. 503(Final) 1700 Board of Medical Practice.............................................................................. 13 ................ 236(Prop.) 13 .............. 284(Final) 13 .............. 680(Final) 1790 Acupuncture Advisory Council....................................................................... 13 .............. 237(Prop.) 2000 Board of Occupational Therapy Practice........................................................ 13 .............. 606 (Prop.) 2500 Board of Pharmacy......................................................................................... 13................ 57(Prop.) 13 ................ 506(Final) 2700 Board of Professional Land Surveyors, Sections 12.0 Minimum Technical Standards for Licences and 15.0 Reciprocity Eligibility .......... .................. 13 .............. 244(Prop.) 2930 Council on Real Estate Appraisers................................................................. 13................ 123(Final) 3500 Board of Examiners of Psychologists............................................................. 13................ 124(Final) 3600 Board of Registration of Geologists................................................................ 13 ................ 390(Prop.) 13 .............. 682(Final) 3800 Committee on Dietetics/Nutrition..................................................................... 13................ ....79(Prop.) 13 .............. 414(Final) 2101 Mortgage Loan Brokers Operating Regulations............................................. 13................ 468(Prop.) 2201 Licensed Lenders Operating Regulations...................................................... 13 ................ 468(Prop.) 2401 Mortgage Loan Originator Licensing.............................................................. 13................ 468(Prop.) Regulation Docket No. 49: Rules and Regulations to Implement the Provisions of 26 Del.C. Ch. 10 Relating to the Creation of a Competitive Market for Retail Electric Supply Service..................................................................................... 13 .............. 614 (Prop.) Regulation Docket No. 56: Rules and Procedures to Implement the Renewable Energy Portfolio Standards Act......................................................................... 13 .............. 623 (Prop.) Regulation Docket No. 60: Integrated Resource Planning for the Provision of Standard Offer Service by Delmarva Power & Light Company......................... 13................ 395(Prop.) Regulation Docket No. 61: Adoption of Rules to Establish an Intrastate Gas Pipeline Safety Compliance Program .............................................................. 13 .............. 416(Final) 2309 Standards and Regulations for Subdivision Streets and State Highway Access ............................................................................................................. 13 .............. 626(Prop.) 2402 Delaware Manual on Uniform Traffic Control Devices, Parts 2, 6, and 9........ 13 .............. 418(Final) ........................................................................ 402 Procedures Governing The Delaware Strategic Fund...................................... 13 .............. 489(Prop.) .............................................................. Freedom of Information Act Policy and Procedures................................................ 13 .............. 493(Prop.) 2001 Group Health Care Insurance Eligibility and Coverage Rules.............................. 13................ 126(Final) 13 .............. 683(Final) .............................................. .............................................. Statutory Authority: 14 Delaware Code, Section 122(b) (14 ............ §122(b)) 14 ............................ 103 .............................................................................................................. .................................................................................. 1.1Accountability Purpose: All public schools, including charter schools, reorganized and career technical school districts and the state shall be subject to the calculation and reporting of Adequate Yearly Progress (AYP) as prescribed by the federal Elementary and Secondary Education Act (ESEA), 20 U.S. C.A. §6301 et seq. Additionally, public schools, including charter schools, reorganized and career technical school districts shall be subject to the applicable rewards, sanctions and other accountability activities as prescribed in this regulation. 1.2Definitions: "............................" shall mean a charter school board established pursuant to Chapter 5 of Title 14 of the Delaware Code. "...................." or ".............................................." shall mean the Delaware Department of Education. "......................................................................................................" or ".............................................." shall mean the calculation that is based on the risk and need of each school as demonstrated by its performance on the DSTP or successor statewide assessment. "................" shall mean a reorganized school district or vocational technical school district established pursuant to Chapter 10 of Title 14 of the Delaware Code. "........" shall mean the Elementary and Secondary Education Act of 1965 or any reauthorization thereof. "................................................" or "......" means a public board of education or other public authority legally constituted within Delaware for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a school district, or for a combination of school districts. The term includes an educational service agency and any other public institution or agency having administrative control and direction of a public elementary school or secondary school. ".................................................................." means (i)Any Title I school in improvement, corrective action, or restructuring that: (a)Is among the lowest-achieving five percent of Title I schools in improvement, corrective action, or restructuring or the lowest-achieving five Title I schools in improvement, corrective action, or restructuring in the State, whichever number of schools is greater; or (b)Is a high school that has had a graduation rate as defined in 34 CFR 200.19(b) that is less than 60 percent for two of the last three years; and (ii)Any secondary school that is eligible for, but does not receive, Title I funds that: (a)is among the lowest-achieving five percent of secondary schools or the lowest- achieving five secondary schools in the State that are eligible for, but do not receive, Title I funds, whichever number of schools is greater; or (b)Is a high school that has had a graduation rate as defined in 34 CFR 200.19(b) that is less than 60 percent for two of the last three years; and (iii)Any non-Title I eligible secondary school that would be considered a persistently low- achieving school pursuant to one or more of the aforementioned requirements if it were eligible to receive Title I funds. .............................................. ................................................ .................................................................. 2.1Adequate Yearly Progress shall be determined by the Department of Education for all public schools, including charter schools, reorganized and career technical school districts and the State on an annual basis. In order for a public school, including a charter school, reorganized or career technical school district or the State to meet AYP, the aggregate student population and each subgroup of students as identified in ESEA, must meet or exceed the target for percent proficient using a confidence interval to be determined by the Department of Education in the state assessments of reading/language arts and mathematics; 95% of the students as an aggregate and within each subgroup must participate in the state assessments of reading/language arts and mathematics, and the respective entity must meet the requirements of the Other Academic Indicator(s) as defined in 2.6. In calculating the percent proficient each year, the state will average the most recent two years of percent proficient (including the current year’s percent proficient) and compare the results to the current year percent proficient. The highest percent proficient score will be used to determine the school, district or State AYP status. 2.1.1Adequate yYearly pProgress shall include three levels: Above Target, Meets Target and Below Target. 2.1.1.1Above Target shall mean that the school, district or State in the aggregate student population and for each subgroup exceeds the annual target in English language arts and mathematics for percent proficient as defined in 2.3 and further meets the criteria for participation as defined in 2.4 and Other Academic Indicator(s) as defined in 2.6. 2.1.1.2Meets Target shall mean that the school, district or State in the aggregate student population and for each subgroup meets the annual target in English language arts and mathematics with or without the application of a confidence interval for percent proficient as defined in 2.3 or meets the criteria of Safe Harbor defined in 2.5, and further meets the criteria for participation as defined in 2.4 and Other Academic Indicator(s) as defined in 2.6. 2.1.1.3Below Target shall mean that the school, district or State in the aggregate student population and for each subgroup did not meet the annual target in English language arts and mathematics through the application of a confidence interval for percent proficient as defined in 2.3 or does not meet the criteria of Safe Harbor defined in 2.5, or does not meet the criteria for participation as defined in 2.4 or does not meet the criteria of Other Academic Indicator(s) as defined in 2.6. 2.2Full academic year for accountability: 2.2.1For school accountability students enrolled continuously in the school from September 30 through May 31 of a school year including those students identified in 3.1 and 3.2, shall be considered enrolled for a full academic year. 2.2.2For district accountability students enrolled continuously in the district (but not necessarily the same school), from September 30 through May 31 of a school year, including those students identified in 3.1 and 3.2, shall be considered enrolled for a full academic year. 2.2.3For state accountability students enrolled continuously in the state (but not necessarily the same school or district) from September 30 through May 31 of a school year shall be considered enrolled for a full academic year. 2.3Proficient: For accountability purposes students who score at Performance Level 3 (Meets the Standard) or above and who have met the requirements of a Full Academic Year as defined in 2.2 shall be deemed proficient. Students who score at Performance Level 2 or Level 1 who have met the requirements of a Full Academic Year as defined in 2.2 shall not meet the definition of proficient. 2.4Participation Rate: For accountability purposes in school years 2002-2003 through 2004-2005, the participation rate for each subgroup, all public schools, including charter schools, districts, and the State, shall be the number of students who participate in the DSTP in grades 3,5, 8 and 10 divided by the number of students enrolled in these tested grades during the testing period. Beginning with the 2005-2006 school year the participation rate for each subgroup shall include be the number of students who participate in the DSTP in grades 3 through 8 inclusive and grade 10 divided by the number of students enrolled in these tested grades during the testing period. Students exempted by 14 ..............................101.9.0 shall be included in the participation rate calculation unless their medical condition prevents them from being in school during the testing period. 2.5Safe Harbor: For accountability purposes if a school, district or the State fails to meet the target for percent proficient for a given subgroup or for the entity in aggregate, Safe Harbor provisions shall be examined for that group. When the percentage of students in a subgroup not meeting the definition of proficient decreases by at least 10% when compared to the previous year’s data, the participation rate for the population is at least 95%, and the subgroup meets the requirements of the Other Academic Indicator(s) as defined in 2.6. the subgroup will have met AYP. 2.6Other Academic Indicator(s): 2.6.1High School: For AYP purposes, the Other Academic Indicator(s) shall be graduation rate as defined as the number of students in one cohort in the aggregate or, as applicable, in a subgroup, who started in the school, the district or the sState in 9th grade and graduated four years later or in the time frame specified in the Individual Education Program (IEP), excluding students who earn a GED certificate, divided by the same number plus those that have dropped out during the same four year period. Students who were enrolled, because of accountability sanctions, for a second year in 8th grade while attending high school and entered 10th grade the following year are included in the 9th grade cohort of the year they began attending classes in the high school. 2.6.1.1The statewide target for the high school Other Academic Indicator shall be a graduation rate of 90% by the school year 2013-2014. The statewide target for 2003-2004 2009-2010shall be 75% 84% and shall increase by 1.5% each year until 90% is reached in 2013- 2014. Beginning with the school year 2002-2003, if the graduation rate is used for Safe Harbor purposes, the high school, or, as applicable, the subgroup, shall maintain its graduation rate or show positive progress when compared to the previous year or meet or exceed the statewide target for that school year. 2.6.1.2A school, or, as applicable, the subgroup, that does not maintain its graduation rate or show positive progress from the previous year or meet or exceed the statewide target for that school year shall be considered as not meeting AYP for that year. 2.6.2Elementary and Middle School: For AYP purposes, the Other Academic Indicator for elementary and middle schools shall be determined by improvement of the scores of the low achieving students, defined as students performing below Performance Level 3, in reading and mathematics combined or a decrease in the percent of students scoring at Performance Level 1 in reading and mathematics. The average scale score for the students who perform at Performance Level 1 and 2 in reading and mathematics combined shall be determined for the current and previous years. The scores from the current year will be compared to the previous year to determine if the school has shown progress. A confidence interval determined by the Department of Education shall be applied to the average scale scores when making this determination. Students included in this calculation shall have been in the school for a full academic year. 2.6.2.1The statewide target for the elementary and middle school Other Academic Indicator shall be 0% of students scoring at Performance Level 1 in reading and mathematics by the school year 2013-2014. Beginning with the school year 2003-2004, when compared to the previous year, the school or subgroup, if used for Safe Harbor purposes, shall maintain or show improvement of the scores of the low achieving students in reading and mathematics combined or show that the percent of students at Performance Level 1 in reading and mathematics has decreased from the previous year. 2.6.2.2An elementary or middle school that does not maintain or show improvement of the scores of the low achieving students in reading and mathematics combined or show that the percent of students at Performance Level 1 in reading and mathematics has decreased from the previous year shall be considered as not meeting AYP for that year. 2.6.3For state and district accountability purposes, the state or a district shall be expected to meet the requirements in 2.6.1.2 and 2.6.2.2. 2.7Annual Objective: The annual objectives for reading/language arts and mathematics shall be determined by the Department of Education and published annually. The annual objectives shall be the same for all schools, districts and subgroups of students. 2.8Intermediate Target: There shall be seven intermediate targets with the first intermediate target occurring in the 2004-2005 school year. The second intermediate target shall occur in 2006-2007; the third in 2008-2009; the fourth in 2009-2010; the fifth in 2010-2011, the sixth in 2011-2012 and the seventh in 2012-2013. By the end of the school year 2013-2014, all students in all subgroups shall be proficient in reading/language arts and mathematics. The intermediate targets shall be calculated using the procedures as prescribed by the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C.A. §6301 et seq. 2.9Starting Point: A single statewide starting point shall be calculated for reading/language arts and a single statewide starting point shall be calculated for mathematics using the procedures as prescribed by the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C.A. §6301 et seq. 2.10Subgroup categories: For AYP purposes, subgroup categories shall be delineated as follows: 1) Children with Disabilities (as per IDEA); 2) Economically Disadvantaged Students, as determined by eligibility for free and reduced lunch program; 3) Students with Limited English Proficiency, as determined by the language proficiency assessment; and 4) Race and ethnicity, to be further divided into African American and Black, American Indian and Alaska Native, Asian and Pacific Islander, Hispanic, and White. Such subgroup categories shall include all students eligible for the AYP calculation as further defined throughout this Chapter. The “All” categories shall include all students in the entity for which AYP is calculated and who meet all other eligibility criteria for the AYP calculation. 2.11AYP Determinations 2.11.1For each public school, including charter schools, reorganized and career technical school districts, and the State, AYP shall be calculated annually. 2.11.2School AYP: In order to meet AYP, the school shall be classified according to 2.1.1 as Above Target or Meets Target. If there are 15 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator(s) shall be reported. If there are 40 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator shall be reported and used to determine AYP status and accountability ratings. 2.11.3District AYP: In order to meet AYP, the district shall be classified according to 2.1.1 as Above Target or Meets Target. If there are 15 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator(s) shall be reported. If there are 40 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator(s) shall be reported and used to determine AYP status and accountability ratings. 2.11.4State AYP: In order to meet AYP, the State shall be classified according to 2.1.1 as Above Target or Meets Target. If there are 15 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator(s) shall be reported. If there are 40 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator(s) shall be reported and used to determine AYP status and accountability ratings. 2.11.5Under Improvement: A school or district shall be deemed Under Improvement if AYP is not met two consecutive years in the same content area of reading/language arts or mathematics for percent proficient or for participation rate, or if a school or district in the aggregate does not meet the requirements of the Other Academic Indicator(s) as defined in 2.6. .................................................. ................................................ ........................................................................................................ 3.1For AYP purposes, the school or district to which a student's performance is assigned for a full academic year shall be the Accountability School or Accountability District. No student shall have his/ her performance assigned to more than one Accountability School or Accountability District in a given school year. 3.1.1For a student enrolled in an intradistrict intensive learning center intradistrict special school, or intradistrict special school program operating within one or more existing school facilities, the district has the option of tracking the assessment scores of the students back to the school of residence or to the school or program that is providing the instruction. The school or program shall be the Accountability School. The district shall communicate its decision regarding this option to the State Department of Education by May 15th in any year when a district determines a change is needed, 2006. The option that the district decides for accountability purposes for one year must remain the same for the second year. Further provided, the State Department of Education will monitor the assignment of students to ensure students are appropriately assigned...For a student enrolled in interdistrict special schools or programs that have an agreement to serve students from multiple school districts, the special school that provides the instructional program shall be considered the Accountability School for that student. For district accountability purposes, the district of residence shall be the district to which these special school students are included for accountability. 3.1.2For a student enrolled in an alternative program pursuant to 14................Ch.16 or the Delaware Adolescent Program, program serving pregnant students pursuant to 14 ............ §203, the Accountability School or District shall be the school/district that assigned such student to the program or the school or district of residence. The time the students were enrolled in the alternative or transitional program shall be credited to the Accountability School or District. 3.1.3For a student who participates in a choice program the Accountability School or District shall be the school or district to which the student has choiced. 3.1.4For accountability purposes, a school shall be considered a new school if: less than sixty percent of the students would have been enrolled in the same school together without the creation of the new school; or it is the first year of operation of a charter school; or two or more grade levels have been added to the school or to a charter school’s charter. 3.1.5If a school is determined not to be a new school, the school shall receive the accountability rating and related consequences of the school in which the majority of students would attend in that year. .................................................. ................................................ ............................................ 4.1For a student who takes a portion of the assessment more than once during the school year, the first score shall be included in the AYP calculation; however, provided a student takes a portion of the assessment because of state mandated summer school attendance in grades 3, 5, or 8 in reading, or grade 8 in mathematics, the highest of the student’s scores shall be used to recalculate the AYP determination. 4.21A student who tests with non aggregable conditions as defined in the Department of Education's Guidelines for the Inclusion of Students with Disabilities and Students with Limited English Proficiency shall have his/her earned performance level included in the calculation of AYP. 4.32For accountability purposes a student who tests but does not meet attemptedness rules as defined in the Department of Education's scoring specifications or otherwise receives an invalid score shall be deemed as not meeting proficiency. 4.43A student participating in alternate assessments shall have her/his earned performance level included in the AYP calculation consistent with the regulations as prescribed by the federal Elementary and Secondary Education Act (ESEA) 20 U.S. C.A. §6301 et seq. or Individuals with Disabilities Education Act (IDEA). 4.54Schools with more than one tested grade shall receive a single accountability rating. 4.65Student performance in a tested grade shall be apportioned in equal weights to each grade in a standards cluster, except that Kindergarten shall be weighted at 10% and grade 10 shall be weighted at 100%. Beginning with the school year 2005-2006 students in grades 4, 5, 6, 7, 8, and 10 will count 100%. Students in grade 3 will continue to be weighted to each grade in the K to 3 standards cluster. 4.76For AYP purposes the reading/language arts percent proficient shall be based on 100% of the DSTP reading assessment a combination of the reading and writing DSTP assessments. The reading percent proficient scores shall be weighted to count 90% and the writing percent proficient scores shall be weighted to count 10%. 4.87For AYP purposes, the mathematics percent proficient shall be based on 100% of the DSTP mathematics assessment. .................................................. ................................................ ................................................................ 5.1Each school and district shall receive a State Progress Determination of Above Target, Meets Target or Below Target. The State Progress shall be determined by improvement in the composite score of the reading, mathematics, science and social studies DSTP assessments combined. The composite score range shall be from 25 to 125 and is determined by the following formula: Composite Score = 25 (reading score x reading weight) + (math score x math weight) + (science score x science weight) + (social studies score x social studies weight) where: Reading score = (5 x % of students in level 5 in reading) + (4 x % of students in level 4 in reading) + (3 x % of students in level 3 in reading) + (2 x % of students in level 2 in reading) + (1 x % of students in level 1 in reading); Math score = (5 x % of students in level 5 in math) + (4 x % of students in level 4 in math) + (3 x % of students in level 3 in math) + (2 x % of students in level 2 in math) + (1 x % of students in level 1 in math)]; Science score = (5 x % of students in level 5 in science) + (4 x % of students in level 4 in science) + (3 x % of students in level 3 in science) + (2 x % of students in level 2 in science) + (1 x % of students in level 1 in science); Social Studies = (5 x % of students in level 5 in social studies) + (4 x % of students in level 4 in social studies) + (3 x % of students in level 3 in social studies) + (2 x % of students in level 2 in social studies) + (1 x % of students in level 1 in social studies). Each of the subject areas shall be weighted equally at 25%. A two year average of the composite score shall be used if it is higher than the current year’s composite score. 5.1.1Above Target shall mean that the school or district has a minimum composite score of 75.00 for the current year; or the school or district has demonstrated a growth of 6.00 or more points when comparing last year’s composite score to the current year’s composite score provided the composite score is 45.00 or more. 5.1.2Meets Target shall mean that the school or district with a composite score of 61.00 or less than 75.00 in the current year, shall demonstrate a growth of 1.00 or more points when comparing last year’s composite score to the current year’s composite score. For a school or district with a composite score of 45.00 but less than 61.00 in the current year, the school or district shall demonstrate a growth of 2.00 or more points when comparing last year’s composite score to the current year’s composite score. 5.1.3Below Target shall mean that the school or district has a composite score of less than 45.00; or the school or district does not meet the criteria of 5.1.2. .................................................. .................................................. ............................................................ 6.1Schools and districts shall receive one of five levels of performance classification annually which shall be based on a combination of AYP determinations and State Progress determinations. 6.1.1Superior: A school or district's performance is deemed excellent. Schools or districts in this category shall have met AYP while the school or district is not Under Improvement and is a combination of Above Target for AYP and Above Target for State Progress or Above Target for AYP and Meets Target for State Progress or Meets Target for AYP and Above Target for State Progress. 6.1.2Commendable: A school or district's performance is deemed above average. Schools or districts in this category shall have met AYP while the school or district is not Under Improvement. Combinations of Above Target for AYP and Below Target for State Progress or Meets Target for AYP and Meets Target for State Progress shall be rated as Commendable. A school or district with a combination of Meets Target for AYP and Below Target for State Progress shall be determined Commendable for no more than one year; if this same combination exists for the school or district in the following year, the school or district shall be rated Academic Review. 6.1.3Academic Review: A school or district’s performance is deemed acceptable. Schools or districts in this category are not Under Improvement. Combinations of: Below Target for AYP and Above Target for State Progress; or Below Target for AYP and Meets Target for State Progress shall be rated as Academic Review for no more than one year; if the same combination exists for the school or district in the following year, the school or district shall be rated Academic Progress unless the provisions of 6.1.5 or 6.1.6 are met. A school or district with a combination of Below Target for AYP and Below Target for State Progress shall be rated as Academic Review unless the provisions of 6.5 and 6.6 are met. 6.1.4Academic Progress: A school or district’s performance is deemed as needing improvement. Schools or districts in this category shall not be Under Improvement as defined in 2.11.5. 6.1.5Academic Progress Under Improvement: A school or district's performance is deemed as needing improvement. Schools or districts in this category shall have met AYP for one year while the school or district is Under Improvement. If a school or district was classified as Academic Watch the prior year, all accountability sanctions from that prior year remain in effect. 6.1.6Academic Watch: A school or district’s performance is deemed as unsatisfactory. Schools or districts in this category shall not be Under Improvement as defined in 2.11.5. 6.1.7Academic Watch Under Improvement: A school or district’s performance is deemed as unsatisfactory. Schools or districts in this category shall not have met AYP for two or more consecutive years in the same content area as described in 2.11.5 and shall be Under Improvement. .................................................. ................................................ ................................................................................................................................ 7.1Accountability sanctions for schools that are classified as Under Improvement: 7.1.1Under Improvement Year 1, a school shall review and modify its current School Improvement Plan outlining additional specific school improvement activities to be implemented beginning in this same year. A school designated as Title I shall provide supplemental services to students according to the federal ESEA requirements. Schools not designated as Title I shall give priority, as appropriate, within their extra time services to students in those subgroups that have not met the target for percent proficient in the reading/language arts or mathematics assessments. 7.1.2Under Improvement Year 2, a school shall continue to review and modify the School Improvement Plan as needed. A school designated as Title I shall offer federal ESEA Choice. In addition a Title I school shall provide supplemental services according to the federal ESEA requirements. Schools not designated as Title I shall give priority, as appropriate, within their extra time services to students in those subgroups that have not met the target for percent proficient in the reading/ language arts or mathematics assessments. 7.1.3Under Improvement Year 3, a school shall continue with the activities as per 7.1.2. In addition, all schools shall be subject to corrective action as outlined by federal ESEA requirements. The district or school shall provide the corrective action plan to the Department for approval. 7.1.4Under Improvement Year 4, a school shall continue with the activities as per 7.1.3. In addition, the district or school shall develop a plan for restructuring as outlined by federal ESEA requirements and submit such plan to the Secretary of Education. The Secretary of Education shall investigate the reasons for the continued deficiency of the school’s performance and shall consult with the State Board of Education prior to making comment for approval or non approval of the plan. 7.1.4.1Any non charter school that plans to restructure into a charter school shall be considered a new charter applicant and be subject to the provisions, procedures and timelines as outlined in 14 ..............Chapter 5 and 14 ..............................275. 7.1.4.2A charter school, whether authorized by a local school district or the Department, that plans to restructure for purposes of the federal ESEA shall consider such restructuring as a major modification and be subject to the provisions, procedures, and timelines as outlined in 14 ............ Chapter 5 and 14 ..............................275. 7.1.5Under Improvement Year 5, a school shall continue with the activities as per 7.1.2. In addition, the school shall implement the restructuring plan as outlined by federal ESEA requirements. 7.1.5.1Any non charter school that has been approved by the Department to restructure into a charter school shall implement the restructuring plan as approved and shall be subject to the provisions, procedures and timelines as outlined in 14.............. Chapter 5 and 14 ...... ........................275. 7.1.5.2A charter school, whether authorized by a local school district or the Department, that has been approved by the Department to restructure shall implement the restructuring plan as approved and shall be subject to the provisions, procedures, and timelines as outlined in 14 ............ Chapter 5 and 14 ..............................275. 7.2Accountability sanctions for districts that are classified as Under Improvement: 7.2.1Under Improvement Year 1, a district shall develop and implement a District Improvement Plan. 7.2.2Under Improvement Year 2, a district shall evaluate and modify the District Improvement Plan and shall incorporate such plan into the Consolidated Application. 7.2.3Under Improvement Year 3, a district shall continue with the activities outlined in 7.2.2. In addition the district shall develop a corrective action plan as outlined by Federal ESEA requirements and submit such plan to the Secretary of Education. The Secretary of Education shall investigate the reasons for the continued deficiency of the district’s performance and shall consult with the State Board of Education prior to making comment for approval or non approval of the plan. 7.2.4Under Improvement Year 4, a district shall continue with the activities as outlined in 7.2.3. In addition the district and the Department of Education shall evaluate the corrective action plan and make appropriate modifications as needed. ................................................................................................................ 7.1Under Improvement Phase 1 -- A school that meets the definition of "Under Improvement" found in 2.11.5 shall, in the first school year after meeting the definition of Under Improvement, be considered in "Under Improvement Phase 1." A school that is in Under Improvement Phase I shall: 7.1.1Review and modify its current School Improvement Plan, outlining specific school improvement activities to be implemented; and 7.1.2Utilize the Department's Comprehensive Success Review process, which includes an audit tool, an on-site visit, and feedback on strengths and opportunities for improvement; and 7.1.3Schools designated as Title I shall fund the transportation costs for students whose parents choose to enroll them in a different school, as required by the ESEA. 7.2Under Improvement Phase 2 - A school that is identified as Under Improvement Phase 1 pursuant to 7.1 and fails to meet AYP for an additional year shall be considered "Under Improvement Phase 2." Such schools shall: 7.2.1Amend the School Improvement Plan to add, at a minimum, one or more of the following options deemed appropriate and that should be closely aligned with the areas in which the school failed to make AYP. Districts and charter schools may use federal, state or local funding and may request funding from the Department to implement these initiatives: 7.2.1.1Development of community partnerships for after school opportunities/tutoring, increasing parental involvement; 7.2.1.2Educator professional development or mentoring; 7.2.1.3Supplemental services as defined in 7.2.2 or other nontraditional services such as credit recovery programs; 7.2.1.4Performance incentives for Highly Effective Teachers, as defined in 14 .......................... 106A; 7.2.1.5Use of family crisis therapists and/or counseling and support programs for students; 7.2.1.6Technical assistance to assist with budget development/usage, professional development and evaluation, engaging parents and the community; 7.2.1.7Attendance and school climate initiatives. 7.2.2Schools designated as Title I shall continue to provide school choice as defined by ESEA and shall offer students supplemental services, defined as tutoring and other supplemental academic enrichment services that are designed to increase the academic achievement of students, and are offered in addition to instruction provided during the school day and are of high quality and research-based. 7.3Corrective Action Phase 1 - A school that is identified as Under Improvement Phase 2 pursuant to 7.2 and fails to meet AYP for an additional year shall enter "Corrective Action Phase 1" status. Districts having schools in this category and charter schools in this category shall: 7.3.1Develop and implement a Corrective Action Plan for the school that should be closely aligned with the areas in which the school failed to make AYP and that includes at least one of the following: 7.3.1.1Replace school leadership; 7.3.1.2Significantly decrease management authority at school level; 7.3.1.3Appoint outside expert to advise school; 7.3.1.4Restructure internal organizational structure of school; 7.3.1.5Replace school staff relevant to failure to achieve AYP; or 7.3.1.6Adopt and fully implement new curriculum. 7.3.2In addition, districts and charter schools shall examine and include one or more of the following items in their Corrective Action Plan as they deem appropriate. Districts and charter schools may use federal, state or local funding and may request funding from the Department to implement these initiatives: 7.3.2.1Institute flexible funding at school level to the extent authorized by applicable law; 7.3.2.2Provide performance incentives for teachers and principals based in significant part on student achievement; 7.3.2.3Renegotiate collective bargaining agreements to permit hiring without regard to seniority; 7.3.2.4Decrease class size; 7.3.2.5Implement comprehensive instructional reform, including improved instructional program and differentiated instruction; 7.3.2.6Make changes to scheduling to increase learning time for students and maximize collaboration time for teachers - consider extended learning time, modified or block scheduling; and 7.3.2.7Increase community-oriented supports, create partnerships with community services programs providing assistance to students outside of school hours, and implement a community-based school model, by which the school would partner with community groups in utilizing school facility to provide extended services to students and the community, which may include permitting student activities at the school after the end of the school day and offering services and support to parents. 7.3.3Schools designated as Title I shall continue to offer supplemental services (as defined in 7.2.2) and choice as required by ESEA. 7.4Corrective Action Phase 2 -- A school that is identified as Corrective Action Phase 1 pursuant to 7.3 and fails to meet AYP for an additional year shall enter "Corrective Action Phase 2" status. Districts and charter schools in this category shall: 7.4.1Continue with the activities of Corrective Action Phase 1 at the school; 7.4.2Provide retention incentives for effective educators at the school, subject to funding availability; and 7.4.3Develop a Restructuring Plan pursuant to 7.5. The district shall select from the category of options based on the school's outcome on the DOE Achievement Metric based on the assessments taken during Corrective Action Phase 1. 7.4.4Schools designated as Title I shall continue to offer supplemental services and choice as required by ESEA. 7.5Restructuring - A school that is identified as Corrective Action Phase 2 pursuant to 7.4 and that fails to make AYP for an additional year shall be considered in "Restructuring," unless that school falls within the category of Partnership Zone schools addressed in 7.6. Districts and charter schools having schools in Restructuring shall work with the schools to implement the Restructuring Plan developed pursuant to 7.4.3. The District may request funding from the Department for implementation of these provisions. The Restructuring Plan shall include one of the following: 7.5.1For district schools, reopening the school as a public charter school; 7.5.2Entering a contract with a private management company approved by the Department to operate the school; 7.5.3Closing the school 7.5.4Replacing all or most of the school staff (which may include, but may not be limited to, replacing the principal) who are relevant to the school’s faulure to make AYP; or 7.5.5Implementing a major restructuring of the school's governance arrangement that makes fundamental reforms, such as significant changes in the school's staffing and governance and longer school days, to improve student academic achievement in the school and that has substantial promise of enabling the school to make AYP. Whether or not a particular school is showing growth on the DOE Achievement Metric shall be a significant factor in the determination of what type of major restructuring is required pursuant to this provision. 7.6Partnership Zone Schools - A school that is a Persistently Low-Achieving School and that is determined by the Secretary as likely to benefit from assignment to Partnership Zone Schools status shall be designated as a Partnership Zone School by the Secretary. The Secretary shall determine which Persistently Low-Achieving Schools would benefit from Partnership Zone School status through consideration of the academic achievement of the "all students" group in a school in terms of proficiency on the State's assessments under section 1111(b)(3) of the ESEA in reading/language arts and mathematics combined; and (ii) the school's lack of progress on those assessments over a number of years in the "all students" group. 7.6.1Districts with a Partnership Zone school and Partnership Zone charter schools shall enter a memorandum of understanding ("MOU") between the Department and the district or the charter school. The Partnership Zone MOU shall include the following provisions: 7.6.1.1Selection of one of the models outlined in section 7.6.2; 7.6.1.2Provisions for regular oversight of the Partnership Zone school by the Department or its designee; 7.6.1.3For schools at which a collective bargaining agreement governs its employees, a further agreement between and among the district or charter school, the collective bargaining unit, and the Department addressing those subjects, if any, that may inhibit the schools' successful implementation of its model, including but not limited to: 7.6.1.3.1Limitations on hiring, reassigning and transferring covered employees into and out of the Partnership Zone school, such as seniority limitations; 7.6.1.3.2The methodology for determining which teachers will be transferred or reassigned as part of the model; 7.6.1.3.3Work rules relating to the educational calendar and scheduling of instructional time and non-instructional time, 7.6.1.3.4Instructional reform; 7.6.1.3.5Professional development requirements and other specialized training; 7.6.1.3.6Retention and employment incentives, including performance incentives for effective teachers and principals; and 7.6.1.3.7Any other subject required by these regulations to be addressed in the Partnership Zone school's selected model. 7.6.1.4In the event the parties are not able to reach the agreement required by 7.6.1.3 within seventy-five (75) days of notice as a Partnership Zone school, each party shall present its last best offer on the areas of disagreement along with a draft agreement, to the Secretary of the Department, who shall accept one of the last best offers, or reject all of them. Should the Secretary reject all offers, the parties shall have thirty (30) days to confer and present the Secretary revised offers for re-consideration pursuant to this section. 7.6.1.5Other provisions required by the model or mutually agreed upon by the Department and the district or charter school, which may include the following: 7.6.1.5.1Instituting flexible funding at school level and oversight of same; 7.6.1.5.2Engagement of a partner, consultant, education management organization or other alternative leadership structure; and 7.6.1.5.3Extending learning time and community-oriented supports, including more learning time for students, collaboration time for teachers, enrichment activities, and mechanisms for family and community engagement. 7.6.1.6Schools designated as Title I shall continue to offer supplemental services and choice as required by ESEA. 7.6.1.7Partnership Zone schools that are not making AYP by the end of the second school year following implementation of the restructuring plan shall renegotiate the MOU or select one of the other available models under 7.6.2. 7.6.2Districts having Partnership Zone schools and Partnership Zone charter schools shall work with the Department to implement a plan from the list below. The District may request funding from the Department for implementation of these provisions. 7.6.2.1School Closure Model, in which a district closes a school and enrolls the students who attended that school in other schools in the district that are higher achieving that are within reasonable proximity to the closed school and may include, but are not limited to, charter schools or new schools for which achievement data are not yet available; 7.6.2.2Restart Model, in which a district converts a school into a public charter school pursuant to the requirements of Chapter 5 of Title 14 of the Delaware Code, or closes and reopens a school under a charter school operator, a charter management organization or an education management organization that has been selected through a rigorous review process. A restart model shall enroll, within the grades it serves, any former student who wishes to attend the school. 7.6.2.3Turnaround Model, in which 7.6.2.3.1A district or charter school shall: 7.6.2.3.1.1Replace the principal and grant the principal sufficient operational flexibility (including in staffing, calendars/time, and budgeting) to implement fully a comprehensive approach in order to substantially improve student achievement outcomes and increase high school graduation rates; 7.6.2.3.1.2Using the Delaware Performance Appraisal system II or any locally adopted competencies to measure the effectiveness of staff who can work within the turnaround environment to meet the needs of students, (a) screen all existing staff and rehire no more than 50 percent; and (b) select new staff; 7.6.2.3.1.3Implement such strategies as financial incentives, increased opportunities for promotion and career growth, and more flexible work conditions that are designed to recruit, place, and retain staff with the skills necessary to meet the needs of the students in the turnaround school; 7.6.2.3.1.4Provide staff with ongoing, high-quality, job-embedded professional development that is aligned with the school's comprehensive instructional program and designed with school staff to ensure that they are equipped to facilitate effective teaching and learning and have the capacity to successfully implement school reform strategies; 7.6.2.3.1.5Adopt a new governance structure, which includes , but is not limited to, requiring the school to report to a liaison of the Department or directly to the Secretary; 7.6.2.3.1.6Use data to identify and implement an instructional program that is research- based and "vertically aligned" from one grade to the next as well as aligned with State academic standards; 7.6.2.3.1.7Promote the continuous use of student data (such as from formative, interim, and summative assessments) to inform and differentiate instruction in order to meet the academic needs of individual students; 7.6.2.3.1.8Establish schedules and implement strategies that provide increased learning time (as defined in this notice); and provide appropriate social-emotional and community-oriented services and supports for students. 7.6.2.3.2A district may implement other strategies, such as: 7.6.2.3.2.1Any of the required and permissible activities under the transformation model; or 7.6.2.3.2.2A new school model (e.g., themed, dual language academy). 7.6.2.4Transformational Model, in which 7.6.2.4.1A district or charter school shall: 7.6.2.4.1.1Replace the principal who led the school prior to commencement of the transformation model; 7.6.2.4.1.2Use rigorous, transparent, and equitable evaluation systems for teachers and principals that- 7.6.2.4.1.2.1Take into account data on student growth (as defined in this notice) as a significant factor as well as other factors such as multiple observation-based assessments of performance and ongoing collections of professional practice reflective of student achievement and increased high-school graduations rates; and 7.6.2.4.1.2.2Are designed and developed with teacher and principal involvement; 7.6.2.4.1.3Identify and reward school leaders, teachers, and other staff who, in implementing this model, have increased student achievement and high-school graduation rates and identify and remove those who, after ample opportunities have been provided for them to improve their professional practice, pursuant to the Delaware Performance Appraisal System II or any successor thereto, have not done so; 7.6.2.4.1.4Provide staff with ongoing, high-quality, job-embedded professional development (e.g., regarding subject-specific pedagogy, instruction that reflects a deeper understanding of the community served by the school, or differentiated instruction) that is aligned with the school's comprehensive instructional program and designed with school staff to ensure they are equipped to facilitate effective teaching and learning and have the capacity to successfully implement school reform strategies; 7.6.2.4.1.5Implement new financial incentives and increase opportunities for promotion and career growth of effective teachers, and provide more flexible work conditions designed to recruit, place, and retain staff with the skills necessary to meet the needs of the students in a transformation school; 7.6.2.4.1.6Use data to identify and implement an instructional program that is research- based and "vertically aligned" from one grade to the next as well as aligned with State academic standards; 7.6.2.4.1.7Promote the continuous use of student data (such as from formative, interim, and summative assessments) to inform and differentiate instruction in order to meet the academic needs of individual students; 7.6.2.4.1.8Establish schedules and implement strategies that provide increased learning time, which means using a longer school day, week, or year schedule to significantly increase the total number of school hours to include additional time for (a) instruction in core academic subjects, including English; reading or language arts; mathematics; science; foreign languages; civics and government; economics; arts; history; and geography; (b) instruction in other subjects and enrichment activities that contribute to a well-rounded education, including, for example, physical education, service learning, and experiential and work-based learning opportunities that are provided by partnering, as appropriate, with other organizations; and (c) teachers to collaborate, plan, and engage in professional development within and across grades and subjects; 7.6.2.4.1.9Provide ongoing mechanisms for family and community engagement; 7.6.2.4.1.10Give the school sufficient operational flexibility (such as staffing, calendars/ time, and budgeting) to implement fully a comprehensive approach to substantially improve student achievement outcomes and increase high school graduation rates; 7.6.2.4.1.11Ensure that the school receives ongoing, intensive technical assistance and related support from the district, the Department, or a designated external lead partner organization. 7.6.2.4.2A district may: 7.6.2.4.2.1Provide additional compensation to attract and retain staff with the skills necessary to meet the needs of the students in a transformation school; 7.6.2.4.2.2Institute a system for measuring changes in instructional practices resulting from professional development; 7.6.2.4.2.3Ensure that the school is not required to accept a teacher without the mutual consent of the teacher and principal, regardless of the teacher's seniority; 7.6.2.4.2.4Conduct periodic reviews to ensure that the curriculum is being implemented with fidelity, is having the intended impact on student achievement, and is modified if ineffective; 7.6.2.4.2.5Implement a schoolwide "response-to-intervention" model; 7.6.2.4.2.6Provide additional supports and professional development to teachers and principals in order to implement effective strategies to support students with disabilities in the least restrictive environment and to ensure that limited English proficient students acquire language skills to master academic content; 7.6.2.4.2.7Use and integrate technology-based supports and interventions as part of the instructional program; 7.6.2.4.2.8In secondary schools- 7.6.2.4.2.8.1Increase rigor by offering opportunities for students to enroll in advanced coursework (such as Advanced Placement or International Baccalaureate; or science, technology, engineering, and mathematics courses, especially those that incorporate rigorous and relevant project-, inquiry-, or design-based contextual learning opportunities), early-college high schools, dual enrollment programs, or thematic learning academies that prepare students for college and careers, including by providing appropriate supports designed to ensure that low-achieving students can take advantage of these programs and coursework; 7.6.2.4.2.8.2Improve student transition from middle to high school through summer transition programs or freshman academies; 7.6.2.4.2.8.3Increase graduation rates through, for example, credit-recovery programs, re-engagement strategies, smaller learning communities, competency- based instruction and performance-based assessments, and acceleration of basic reading and mathematics skills; 7.6.2.4.2.8.4Establish early-warning systems to identify students who may be at risk of failing to achieve to high standards or graduate. 7.6.2.4.2.9Extend learning time and create community-oriented schools, by 7.6.2.4.2.9.1Partnering with parents and parent organizations, faith- and community- based organizations, health clinics, other State or local agencies, and others to create safe school environments that meet students' social, emotional, and health needs; 7.6.2.4.2.9.2Extending or restructuring the school day so as to add time for such strategies as advisory periods that build relationships between students, faculty, and other school staff; 7.6.2.4.2.9.3Implementing approaches to improve school climate and discipline, such as implementing a system of positive behavioral supports or taking steps to eliminate bullying and student harassment; or 7.6.2.4.2.9.4Expanding the school program to offer full-day kindergarten or pre- kindergarten. 7.6.2.4.2.10Allowing the school to be run under a new governance arrangement; or 7.6.2.4.2.11Implementing a per-pupil school-based budget formula that is weighted based on student needs. 7.6.2.5If a school identified as a Persistently Low-Achieving School has implemented within the last two years an intervention that meets the requirements of the Turnaround, Restart, or Transformation models, the school may continue or complete the intervention being implemented. 7.6.2.6If elements of the model adopted by a Partnership Zone school with the approval of the Department require funding and are not funded or require statutory authorization and are not so authorized, the school may apply to the Department for an annual waiver of said requirement, and such waiver shall be granted only insofar as compliance with said requirement is rendered impracticable thereby. ................................ A school in Under Improvement, Corrective Action, Restructuring, or Persistently Low-Achieving School status that meets AYP for one year shall freeze at its then current level and shall continue to implement the School Improvement Plan for one year. If the school again meets AYP after the year during which it was frozen, the school shall be removed from Under Improvement, Corrective Action, Restructuring or Persistently Low-Achieving School status and shall no longer be subject to the requirements of 7.0. A school that does not meet AYP after the year during which it was frozen shall move to the next category in the continuum without regard to the frozen year. .................................................................................................................................................................................................... ................ 9.1The Department shall provide continuing technical assistance to schools that are in any of the above categories. 9.2The Department shall assign a School Support Team to schools beginning with Under Improvement Phase 2 and continuing through the Restructuring or Persistently Low-Achieving School phase. The School Support Team shall monitor the school's progress, ensure that all technical assistance and any other supports available are provided to the school, assist the school in developing and implementing its improvement plans, act as a liaison between the Department and the school, and take any other actions deemed appropriate by the Team to provide support to the school. ........................ 10.1The Department shall provide districts and schools with preliminary notification of a school's identification pursuant to 7.0 no later than the end of July following the year on which the identification is based, and final notice shall be given no later than August 1st. 10.2Notice -- A district that includes a school or a charter school identified as Under Improvement shall, before the first day of the upcoming school year, provide the following notification to parents of students enrolled in that school: 10.2.1Information regarding the school's identification and reason for its identification; 10.2.2Their right to enroll their child(ren) in a different school; 10.2.3Their right to have their child receive supplemental services, if provided for in §103.7.0; 10.2.4How they can be involved in addressing the academic issues that led to identification; and 10.2.5Any other notifications required by the ESEA regulations. 10.3Plan Development, Approval, and Modification 10.3.1Schools receiving notice that they are identified as Under Improvement Phase I shall develop their School Improvement Plan within three months of their preliminary notification and shall provide the Plan to the district in which the school is located for approval or to the body that granted its charter. The school shall then work with the district to make any necessary revisions such that final approval from the district is received within 45 days of submission. The Plan shall be implemented immediately upon approval. 10.3.2Schools receiving notice that they are identified as Under Improvement Phase II shall modify their School Improvement Plan within two months of their preliminary notification and submit said modifications to the Department. Following submission, the Department shall review the plan, make comment, and require revisions, if needed, by the school within 30 calendar days. The Plan shall be implemented immediately. 10.3.3Districts having schools that are identified as in Corrective Action Phase I and charter schools so identified shall develop their Corrective Action Plan within three months of their preliminary notification and shall provide the Plan to the Department for approval. Following submission, the 11.4Under Improvement greater than Corrective Action Phase 2, a district shall continue with the activities as outlined in 11.3. In addition the Department of Education shall evaluate the corrective action plan and make appropriate modifications as needed. .................................................. ................................................ .................................................. ...................................... A school or district may review school or district level data, including academic assessment data upon which the proposed classification is based. The school or district shall present statistical evidence or other substantive reasons why the classification should be changed before the final classification will be determined. 812.1The school or district must file a written notice of review with the Secretary no later than 15 calendar days after receiving preliminary notification of its proposed classification. The request for review shall state with specificity the grounds for the review, and shall be signed by the principal or lead authority of the school, or the signature of the Superintendent of the district. This request for review shall include all supporting evidence and documentation and shall be clear and concise. 812.2Upon receipt of a written notice of review, the Secretary shall refer the review to his or her designee. 812.2.1The designee shall be responsible for bringing the review forward to the Review Advisory Committee. The Review Advisory Committee shall be composed of a minimum of three members and assigned by the Secretary. 812.2.2The Review Advisory Committee shall conduct a review of the statistical evidence or other substantive reasons presented by the school or district. 812.2.3The Review Advisory Committee shall make a recommendation to the Secretary about whether the proposed classification should remain as is or should be changed. 812.3The Department of Education shall make a final determination within 30 calendar days from the written notice of review on the proposed classification of the school or district based on the evidence or other substantive reasons presented by the school or district. .................................................. ................................................ .................................................... .............................................. Statutory Authority: 14 Delaware Code, Section 122(b) (14 ............ §122(b)) 14 ............................ 106 .......................................................................................................................................................... ......The Teacher Appraisal Process, Delaware Performance Appraisal System (DPAS II), shall be effective for the following school districts and charter schools beginning with the 2007-08 school year: Appoquinimink Caesar Rodney Colonial Lake Forest Laurel Sussex Technical MOT Charter Providence Creek Academy Charter Sussex Academy of the Arts and Sciences The Teacher Appraisal Process, Delaware Performance Appraisal System (DPAS II), shall be effective for all public school districts and charter schools beginning with the 2008-2009 school year. .................................................. ............................ The following definitions shall be apply for purposes of this regulation: ".........................................." shall consist of the Pre-observation Form and conference with the evaluator, an observation by the evaluator at an agreed upon date and time, using the associated formative conferences and reports. The observation shall be of sufficient length, at least thirty (30) minutes, to analyze the lesson and assess teacher performance. ".........." shall mean a local board of education or charter school board of directors. "............................................" shall mean the individual, usually the supervisor of the teacher, who has successfully completed the evaluation training in accordance with 10.0. The Credentialed Evaluator may also be referred to as "Evaluator". ".......... shall mean the Delaware Association of School Administrators. "...................................................." shall mean the manual that contains the prescribed forms, detailed procedures, specific details about the five (5) components of evaluation and other relevant documents that are used to implement the appraisal process. "........" shall mean the Delaware State Education Association. "......................................" shall mean a teacher who holds a valid and current Continuing or Advanced License, issued pursuant to Chapter 12 of Title 14 of the Delaware Code; or Standard or Professional Status Certificate issued prior to August 1, 2003. "................................" shall be the plan that a teacher and evaluator mutually develop in accordance with 8.0. "............................" shall mean a teacher who holds a valid and current Initial License, issued pursuant to Chapter 12 of Title 14 of the Delaware Code. ".........................................................." shall mean the teacher's performance demonstrates an understanding of the concepts of the component, issued pursuant to Chapter 12 of Title 14 of the Delaware Code. ".............................................." shall be equivalent to the overall "Effective" or "Needs Improvement" rating on the Summative Evaluation and shall be used to qualify for a continuing license. "................................" shall mean the Delaware Student Testing Program (DSTP) or its successor. "........................................" shall be the final evaluation at the conclusion of the appraisal cycle. ".............................................." shall consist of an observation by the evaluator at a date and time that has not been previously arranged using the associated formative conferences and reports. The observation shall be of sufficient length, at least thirty (30) minutes, to analyze the lesson and assess teacher performance. ".............................................................." shall mean the teacher's performance does not demonstrate an understanding of the concepts of the component. ".................................................." shall be the equivalent to the overall "Ineffective" rating on the Summative Evaluation. "......................" shall mean a day when the employee would normally be working in that district or charter school. .................................................. ...................................... 3.1Experienced teachers who have earned a rating of "Effective" on his or her most recent Summative Evaluation shall receive a minimum of one (1) Announced Observation each year with a Summative Evaluation at least once every two (2) years. 3.2Experienced teachers who have earned a rating of "Needs Improvement" or "Ineffective" on their most recent Summative Evaluation shall receive a minimum of one (1) Announced Observation and one (1) Unannounced Observation with a Summative Evaluation at the end of the one (1) year period. These teachers shall have an Improvement Plan which may require additional observations and other types of monitoring as outlined in the DPAS II Guide for Teachers. 3.3Novice teachers shall receive a minimum of one (1) Announced Observation and one (1) Unannounced Observation with a Summative Evaluation at the end of the one year period. Novice teachers who have earned a rating of "Needs Improvement" or "Ineffective" on their most recent Summative Evaluation shall have an Improvement Plan which may require additional observations or other types of monitoring as outlined in the DPAS II Guide for Teachers. .................................................. .......................................................... 4.1All school districts and charter schools shall use the manual entitled DPAS II Guide for Teachers as developed and as may be amended by the Department of Education in collaboration with DASA and DSEA to implement the appraisal system. 4.2The manual shall contain, at a minimum, the following: 4.2.1Specific details about each of the five (5) components listed in 5.1. 4.2.2All forms or documents needed to complete the requirements of the appraisal process. 4.2.3Specific procedures to implement the appraisal system. .................................................. ............................................................................................ 5.1The following five (5) Appraisal Ccomponents, including the four (4) Appraisal Criteria specified for each, shall be the basis upon which the performance of a teacher shall be evaluated by a credentialed evaluator: 5.1.1Planning and Preparation 5.1.1.1Selecting Instructional Goals: Teacher selects instructional goals that are aligned with the DE content standards and the district or charter school's curricula. Goals are appropriate for the learners and reflect high expectations for all students, consistent with State Assessment levels of performance where applicable. 5.1.1.2Designing Coherent Instruction: Teacher plans for learning activities that align with the instructional goals and support student learning. Instructional planning shows a structure and selection of materials and activities that support student learning relative to the district or charter school's curricula. 5.1.1.3Demonstrating Knowledge of Content and Pedagogy: Teacher shows his or her knowledge of content and how to teach it to a variety of learners. The teacher's plans include natural connections among content areas that deepen student learning. The content that he or she teaches is aligned to the district or charter school's curricula. 5.1.1.4Demonstrating Knowledge of Students: Teacher shows his or her knowledge of student developmental characteristics; approaches to learning, knowledge, and skills; interests; cultural heritage; and, where applicable, State Assessment performance levels. 5.1.2Classroom Environment 5.1.2.1Managing Classroom Procedures: Teacher has clearly defined procedures for managing learning time, transitions between learning events, and routines that maximize learning time. 5.1.2.2Managing Student Behavior: Teacher establishes behavioral expectations and consequences and monitors student conduct. Teacher responds to student behavior in appropriate and effective ways to minimize disruptions. 5.1.2.3Creating an Environment to Support Learning: Teacher creates an atmosphere in which learning is valued. Teacher-to-student and student-to-student interactions show rapport that is grounded in mutual respect. 5.1.2.4Organizing Physical Space: Teacher organizes, allocates, and manages physical space to create a safe learning environment. Teacher uses physical resources to contribute to effective instruction and makes resources accessible to all students. 5.1.3Instruction 5.1.3.1Engaging Students in Learning: Content is appropriate, clear, and linked to student knowledge and experience. Content is aligned with the district or charter school's curricula. Activities and assignments engage all students. Instructional materials are suitable to the instructional goals. The instruction is coherent and paced appropriately for all students. 5.1.3.2Demonstrating Flexibility and Responsiveness: Teacher has a repertoire of instructional strategies and makes use of them to make modifications to lessons as needed. Teacher differentiates instruction based on learner characteristics and achievement data. 5.1.3.3Communicating Clearly and Accurately: Verbal and written communication is clear and appropriate to students' ages, backgrounds, and levels of understanding. 5.1.3.4Using Questioning and Discussion Techniques: Questions are appropriate to the content and level of students' understanding. Teacher encourages students to pose their own questions and is responsive to student questions. Teacher facilitates student led discussions. 5.1.4Professional Responsibilities 5.1.4.1Communicating with Families: Teacher shares information about the school's educational program and expectations for student performance. Teacher develops a mechanism for two way communication with families about student progress, behavior, and personal needs or concerns. 5.1.4.2Developing a Student Record System: Teacher keeps records of attendance, disciplinary actions, emergency contact information, and personal information. Teacher shares relevant information with appropriate school personnel. 5.1.4.3Growing and Developing Professionally: Teacher chooses and participates in professional development that is aligned with his or her professional needs and aligned with the needs of the school, district or charter school, or students. 5.1.4.4Reflecting on Professional Practice: Teacher engages in reflective thinking as an individual, as a team participant, or as a school community member with the goal of improving instruction and learning for all students. 5.1.5Student Improvement 5.1.5.1Showing Student Improvement: Teacher uses school goals from the school improvement process to set his or her annual data driven goal(s) for student improvement. Data used to establish goals shall include school accountability data, State Assessment data where available, and classroom based assessment data where available. 5.1.5.2Aligning Assessments to Teacher Data Driven Goal(s): Teacher uses assessments and scoring criteria that accurately measure progress towards the student improvement goal(s). 5.1.5.3Measuring Student Improvement: Teacher has specific, measurable evidence to show progress towards or attainment of goal(s) for student improvement. 5.1.5.4Reflecting on Student Improvement: Teacher reflects on goal setting process and outcomes for the purpose of continuous professional improvement and shares student improvement information with other staff as appropriate. .................................................. .............................................................. 6.1Each of the five (5) components pursuant to 5.0 shall be weighted equally and assigned a rating of Satisfactory or Unsatisfactory on the Summative Evaluation. 6.1.1A satisfactory rating for each Appraisal Ccomponent shall mean the teacher demonstrates acceptable performance by meeting at least three (3) of the four (4) Appraisal Criteria specified in each of the five (5) components set forth in 5.1. 6.2The Summative Evaluation shall also include one of three overall ratings: "Effective", "Needs Improvement", or "Ineffective". 6.2.1"Effective" shall mean that the teacher has received Satisfactory Component ratings in at least four (4) of the five (5) components in accordance with the Appraisal Criteria in 5.0. 6.2.2"Needs Improvement" shall mean that the teacher has received three (3) Satisfactory Component ratings out of the five (5) components in accordance with the Appraisal Criteria in 5.0. 6.2.3"Ineffective" shall mean that the teacher has received two (2) or fewer Satisfactory Component ratings out of the five (5) components in accordance with the Appraisal Criteria in 5.0. 6.2.3.1If the teacher's overall Summative Evaluation rating is determined to be "Needs Improvement" for the third consecutive year, the rating shall be re-categorized as "Ineffective". .................................................. .................................................................................... A pattern of ineffective teaching shall be based on the most recent Summative Evaluation ratings of a teacher using the DPAS II process. Two consecutive ratings of "Ineffective" shall be deemed as a pattern of ineffective teaching. The following chart shows the consecutive Summative Evaluation ratings that shall be determined to be a pattern of ineffective teaching: ...................................... 8.1An Improvement Plan shall be developed for a teacher who receives an overall rating of "Needs Improvement" or "Ineffective" on the Summative Evaluation or a rating of Unsatisfactory on any Appraisal Ccomponent in 5.0 on the Summative Evaluation regardless of the overall rating. 8.1.1An Improvement Plan shall also be developed if a teacher's overall performance during an observed lesson is unsatisfactory. This unsatisfactory performance shall be noted by the evaluator on the Formative Feedback form by noting "PERFORMANCE IS UNSATISFACTORY" and initialing the statement. 8.2The Improvement Plan shall contain the following: 8.2.1Identification of the specific deficiencies and recommended area(s) for growth; 8.2.2Measurable goals for improving the deficiencies to satisfactory levels; 8.2.3Specific professional development or activities to accomplish the goals; 8.2.4Specific resources necessary to implement the plan, including but not limited to, opportunities for the teacher to work with curriculum specialist(s), subject area specialist(s), instructional specialist(s) or others with relevant expertise; 8.2.5Procedures and evidence that must be collected to determine that the goals of the plan were met; 8.2.6Timeline for the plan, including intermediate check points to determine progress; 8.2.7Procedures for determining satisfactory improvement. 8.3The Improvement Plan shall be developed cooperatively by the teacher and evaluator. If the plan cannot be cooperatively developed, the evaluator shall have the authority and responsibility to determine the plan as specified in 8.2 above. 8.4The teacher shall be held accountable for the implementation and completion of the Improvement Plan. 8.5Upon completion of the Improvement Plan, the teacher and evaluator shall sign the documentation that determines the satisfactory or unsatisfactory performance of the plan. .................................................. ........................................ 9.1A teacher may challenge any rating on the Summative Evaluation, either a Component Rating or the Overall Rating, or a teacher may challenge the conclusions of a lesson observation if the statement "PERFORMANCE IS UNSATISFACTORY" has been included on the Formative Feedback form. To initiate a challenge, a teacher shall submit additional information specific to the point of disagreement in writing within fifteen (15) working days of the date of the teacher's receipt of the Summative Evaluation. Such written response shall become part of the appraisal record and shall be attached to the Summative Evaluation. All challenges together with the record shall be forwarded to the supervisor of the evaluator unless the supervisor of the evaluator is also in the same building as the teacher. In this situation, the challenge together with the record shall be forwarded to a designated district or charter school level credentialed evaluator. 9.1.1Within fifteen (15) working days of receiving the written challenge, the supervisor of the evaluator or the designated district or charter school level credentialed evaluator shall review the record which consists of all documents used in the appraisal process and the written challenge, and issue a written decision. 9.1.2If the challenge is denied, the written decision shall state the reasons for denial. 9.1.3The decision of the supervisor of the evaluator or the designated district or charter school's level credentialed evaluator shall be final. .................................................. .................................................. 10.1Evaluators shall have completed the DPAS II training as developed by the Department of Education. Evaluators shall receive a certificate of completion which is valid for five (5) years and is renewable upon completion of professional development focused on DPAS II as specified by the Department of Education. 10.2The training for the certificate of completion shall include techniques of observation and conferencing, content and relationships of frameworks for teaching, and a thorough review of the DPAS II Guide for Teachers. Activities in which participants practice implementation of DPAS II procedures shall be included in the training. 10.3The credentialing process shall be conducted by the Department of Education. .................................................. .................................................. The Department of Education shall conduct an annual evaluation of the teacher appraisal process. The evaluation shall, at a minimum, include a survey of teachers and evaluators and interviews with a sampling of teachers and evaluators. Data from the evaluation and proposed changes to the DPAS II Revised Guide for Teachers shall be presented to the State Board of Education for review on an annual basis. .................................... This regulation shall be in effect until the effective date of 14 ............................ 106A Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II) Revised. ............................................ .............................................. .................................................. .............................................. Statutory Authority: 14 Delaware Code, Section 122(b) (14 ............ §122(b)) 14 ............................ 106A ............................................................................................................................................................................ .................................... The Teacher Appraisal Process, Delaware Performance Appraisal System (DPAS II) Revised shall be effective for all school districts and charter schools beginning July 1, 2011and shall, at such time, replace the current 14 DE Admin. Code 106 Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II). .............................. The following definitions shall be apply for purposes of this regulation: ".........................................." shall consist of the Pre-observation Form and conference with the evaluator, an observation by the evaluator at an agreed upon date and time, using the associated formative conferences and reports. The observation shall be of sufficient length, at least thirty (30) minutes, to analyze the lesson and assess teacher performance. ".........." shall mean a local board of education or charter school board of directors. "............................................" shall mean the individual, usually the supervisor of the teacher, who has successfully completed the evaluation training in accordance with 10.0. The Credentialed Evaluator may also be referred to as "Evaluator". "........" shall mean the Delaware Association of School Administrators. "...................................................................." shall mean the manual that contains the prescribed forms, detailed procedures, specific details about the five (5) components of evaluation and other relevant documents that are used to implement the appraisal process. "........" shall mean the Delaware State Education Association. "......................................" shall mean a teacher who holds a valid and current Continuing or Advanced License, issued pursuant to Chapter 12 of Title 14 of the Delaware Code; or Standard or Professional Status Certificate issued prior to August 1, 2003. "................................" shall be the plan that a teacher and evaluator mutually develop in accordance with 8.0. "...................................." shall mean an assessment given at regular and specified intervals throughout the school year, and designed to evaluate students' knowledge and skills relative to a specific set of academic standards, and the results of which can be aggregated (e.g., by course, grade level, school, or school district) in order to inform teachers and administrators at the student, classroom, school, and district levels. "............................" shall mean a teacher who holds a valid and current Initial License issued pursuant to Chapter 12 of Title 14 of the Delaware Code. ".........................................................." shall mean the teacher's performance demonstrates an understanding of the concepts of the component under Chapter 12 of Title 14 of the Delaware Code . ".............................................." shall be equivalent to the overall "Highly Effective", "Effective" or "Needs Improvement" rating on the Summative Evaluation and shall be used to qualify for a continuing license. "State Assessment" shall mean the Delaware Student Testing Program (DSTP) or its successor. "......................................" shall mean (a) For tested grades and subjects: (1)A student's score on the DSTP or successor statewide assessment; and, as appropriate, (2) Other measures of student learning, such as those described in paragraph (b) of this definition, provided they are rigorous and comparable across classrooms. (b) For non-tested grades and subjects: Alternative measures of student learning and performance such as student scores on pre-tests and end-of-course tests; student performance on English language proficiency assessments; and other measures of student achievement that are rigorous and comparable across classrooms. Such alternative measures must be approved by the Department and developed in partnership with the local collective bargaining representatives. "............................" shall mean the change in achievement data for an individual student between two points in time. Growth may also include other measures that are rigorous and comparable across classrooms. "........................................" shall be the final evaluation at the conclusion of the appraisal cycle. ".............................................." shall consist of an observation by the evaluator at a date and time that has not been previously arranged using the associated formative conferences and reports. The observation shall be of sufficient length, at least thirty (30) minutes, to analyze the lesson and assess teacher performance. ".............................................................." shall mean the teacher's performance does not demonstrate an understanding of the concepts of the component. ".................................................." shall be the equivalent to the overall "Ineffective" rating on the Summative Evaluation. "......................" shall mean a day when the employee would normally be working in that district or charter school. ...................................... 3.1Experienced teachers who have earned a rating of "Highly Effective" on their most recent Summative Evaluation shall receive a minimum of one (1) Announced Observation each year with a Summative Evaluation at least once every two (2) years. The Student Improvement component for Highly Effective teachers shall be evaluated each year, regardless of whether or not a Summative Evaluation is conducted. If a Highly Effective teacher does not achieve a Satisfactory rating on the Student Improvement Component, the teacher shall receive a Summative Evaluation the following year, regardless of whether the teacher would otherwise be due for a Summative Evaluation pursuant to this section. 3.2Experienced teachers who have earned a rating of "Effective" and have earned "Satisfactory" ratings on four (4) of the components found in 5.0, including Student Improvement, on his or her most recent Summative Evaluation shall receive a minimum of one (1) Announced Observation each year with a Summative Evaluation at least once every two (2) years. 3.3Experienced teachers who are not otherwise included in 3.1 or 3.2 shall receive a minimum of one (1) Announced Observation and one (1) Unannounced Observation with a Summative Evaluation at the end of the one (1) year period. These teachers shall have an Improvement Plan which may require additional observations and other types of monitoring as outlined in the DPAS II Revised Guide for Teachers. 3.4Novice teachers shall receive a minimum of two (2) Announced Observations and one (1) Unannounced Observation with a Summative Evaluation every year. Novice teachers who have earned a rating of "Needs Improvement" or "Ineffective" on their most recent Summative Evaluation shall have an Improvement Plan which may require additional observations or other types of monitoring as outlined in the DPAS II Revised Guide for Teachers. .......................................................... 4.1All school districts and charter schools shall use the manual entitled DPAS II Guide Revised for Teachers as developed and as may be amended by the Department of Education in collaboration with DASA and DSEA to implement the appraisal system. 4.2The manual shall contain, at a minimum, the following: 4.2.1Specific details about each of the five (5) components listed in 5.1. 4.2.2All forms or documents needed to complete the requirements of the appraisal process. 4.2.3Specific procedures to implement the appraisal system. ............................................................................................ 5.1The following five (5) Appraisal Components, including any Appraisal Criteria specified for each, shall be the basis upon which the performance of a teacher shall be evaluated by a credentialed evaluator: 5.1.1Planning and Preparation 5.1.1.1Selecting Instructional Goals: Teacher selects instructional goals that are aligned with the DE content standards and the district or charter school's curricula. Goals are appropriate for the learners and reflect high expectations for all students, consistent with State Assessment levels of performance where applicable. 5.1.1.2Designing Coherent Instruction: Teacher plans for learning activities that align with the instructional goals and support student learning. Instructional planning shows a structure and selection of materials and activities that support student learning relative to the district or charter school's curricula. 5.1.1.3Demonstrating Knowledge of Content and Pedagogy: Teacher shows his or her knowledge of content and how to teach it to a variety of learners. The teacher's plans include natural connections among content areas that deepen student learning. The content that he or she teaches is aligned to the district or charter school's curricula. 5.1.1.4Demonstrating Knowledge of Students: Teacher shows his or her knowledge of student developmental characteristics; approaches to learning, knowledge, and skills; interests; cultural heritage; and, where applicable, State Assessment performance levels. 5.1.2Classroom Environment 5.1.2.1Managing Classroom Procedures: Teacher has clearly defined procedures for managing learning time, transitions between learning events, and routines that maximize learning time. 5.1.2.2Managing Student Behavior: Teacher establishes behavioral expectations and consequences and monitors student conduct. Teacher responds to student behavior in appropriate and effective ways to minimize disruptions. 5.1.2.3Creating an Environment to Support Learning: Teacher creates an atmosphere in which learning is valued. Teacher-to-student and student-to-student interactions show rapport that is grounded in mutual respect. 5.1.2.4Organizing Physical Space: Teacher organizes, allocates, and manages physical space to create a safe learning environment. Teacher uses physical resources to contribute to effective instruction and makes resources accessible to all students. 5.1.3Instruction 5.1.3.1Engaging Students in Learning: Content is appropriate, clear, and linked to student knowledge and experience. Content is aligned with the district or charter school's curricula. Activities and assignments engage all students. Instructional materials are suitable to the instructional goals. The instruction is coherent and paced appropriately for all students. 5.1.3.2Demonstrating Flexibility and Responsiveness: Teacher has a repertoire of instructional strategies and makes use of them to make modifications to lessons as needed. Teacher differentiates instruction based on learner characteristics and achievement data. 5.1.3.3Communicating Clearly and Accurately: Verbal and written communication is clear and appropriate to students' ages, backgrounds, and levels of understanding. 5.1.3.4Using Questioning and Discussion Techniques: Questions are appropriate to the content and level of students' understanding. Teacher encourages students to pose their own questions and is responsive to student questions. Teacher facilitates student led discussions. 5.1.4Professional Responsibilities 5.1.4.1Communicating with Families: Teacher shares information about the school's educational program and expectations for student performance. Teacher develops a mechanism for two way communication with families about student progress, behavior, and personal needs or concerns. 5.1.4.2Developing a Student Record System: Teacher keeps records of attendance, disciplinary actions, emergency contact information, and personal information. Teacher shares relevant information with appropriate school personnel. 5.1.4.3Growing and Developing Professionally: Teacher chooses and participates in professional development that is aligned with his or her professional needs and aligned with the needs of the school, district or charter school, or students. 5.1.4.4Reflecting on Professional Practice: Teacher engages in reflective thinking as an individual, as a team participant, or as a school community member with the goal of improving instruction and learning for all students. 5.1.5Student Improvement 5.1.5.1Measuring Student Improvement: Teacher's collectively demonstrate appropriate levels of Student Growth as benchmarked against standards to be set by the Secretary based on input from stakeholder groups. .............................................................. 6.1Each Appraisal Component shall be assigned a rating of Satisfactory or Unsatisfactory on the Summative Evaluation. 6.1.1A satisfactory rating for each of the first four Appraisal Components shall mean the teacher demonstrates acceptable performance by meeting at least three (3) of the four (4) Appraisal Criteria specified in each of the components. 6.1.2A satisfactory rating for the Student Improvement component shall mean that the teacher has demonstrated acceptable performance by meeting the standards set by the Secretary pursuant to 5.1.5.1. 6.2The Summative Evaluation shall also include one of four overall ratings: "Highly Effective", "Effective", "Needs Improvement", or "Ineffective". 6.2.1"................................" shall mean that the teacher has earned a Satisfactory Component rating in four (4) of the five (5) Appraisal Components in accordance with 5.0 and that the teacher's students on average achieve high rates of student growth, that is, more than one grade level improvement in an academic year. 6.2.2".................." shall mean that: 6.2.2.1The teacher has received a Satisfactory Component Rating in at least three (3) Appraisal Components including the Student Improvement Component, and 6.2.2.2The teacher does not meet the requirements for a "Highly Effective" rating found in 6.2.1. 6.2.3".................................." shall mean that: 6.2.3.1The teacher has received one (1) or two (2) Satisfactory Component Ratings out of the five (5) Appraisal Components in accordance with 5.0, including a Satisfactory rating in the Student Improvement Component , or 6.2.3.2The teacher has received three (3) or four (4) Satisfactory Component Ratings out of the five (5) Appraisal Components in accordance with 5.0, and the teacher has received an Unsatisfactory rating in the Student Improvement Component. 6.2.4"......................" shall mean that: 6.2.4.1The teacher has received zero (0), one (1), or two (2) Satisfactory Component Ratings out of the five (5) Appraisal Components in accordance with 5.0, and 6.2.4.2The teacher has received an Unsatisfactory Component Rating in the Student Improvement Component. 6.2.5If a teacher's overall Summative Evaluation rating is determined to be "Needs Improvement" for the third consecutive year, the teacher's rating shall be re-categorized as "Ineffective." .................................................................................... A pattern of ineffective teaching shall be based on the most recent Summative Evaluation ratings of a teacher using the DPAS II process. Two consecutive ratings of "Ineffective" shall be deemed as a pattern of ineffective teaching. The following chart shows the consecutive Summative Evaluation ratings that shall be determined to be a pattern of ineffective teaching: ...................................... 8.1An Improvement Plan shall be developed for a teacher who receives an overall rating of "Needs Improvement" or "Ineffective" on the Summative Evaluation or a rating of Unsatisfactory on any Appraisal Component in 5.0 on the Summative Evaluation regardless of the overall rating. 8.1.1An Improvement Plan shall also be developed if a teacher's overall performance during an observed lesson is unsatisfactory. This unsatisfactory performance shall be noted by the evaluator on the Formative Feedback form by noting "PERFORMANCE IS UNSATISFACTORY" and initialing the statement. 8.2The Improvement Plan shall contain the following: 8.2.1Identification of the specific deficiencies and recommended area(s) for growth; 8.2.2Measurable goals for improving the deficiencies to satisfactory levels; 8.2.3Specific professional development or activities to accomplish the goals; 8.2.4Specific resources necessary to implement the plan, including but not limited to, opportunities for the teacher to work with curriculum specialist(s), subject area specialist(s), instructional specialist(s) or others with relevant expertise; 8.2.5Procedures and evidence that must be collected to determine that the goals of the plan were met; 8.2.6Timeline for the plan, including intermediate check points to determine progress; 8.2.7Procedures for determining satisfactory improvement; 8.2.8Multiple observations and opportunity for feedback provided by a trained evaluator, a mentor, a lead teacher, or an instructional coach. 8.3Any state or federally funded professional development that is completed during the time that the Improvement Plan is in effect must be certified by the Department and must directly relate to areas identified as needing improvement. 8.4The Improvement Plan shall be developed cooperatively by the teacher and evaluator. If the plan cannot be cooperatively developed, the evaluator shall have the authority and responsibility to determine the plan as specified in 8.2 above. 8.5The teacher shall be held accountable for the implementation and completion of the Improvement Plan. 8.6Upon completion of the Improvement Plan, the teacher and evaluator shall sign the documentation that determines the satisfactory or unsatisfactory performance of the plan. ........................................ 9.1A teacher may challenge any rating on the Summative Evaluation, either a Component Rating or the Overall Rating, or a teacher may challenge the conclusions of a lesson observation if the statement "PERFORMANCE IS UNSATISFACTORY" has been included on the Formative Feedback form. To initiate a challenge, a teacher shall submit additional information specific to the point of disagreement in writing within fifteen (15) working days of the date of the teacher's receipt of the Summative Evaluation. Such written response shall become part of the appraisal record and shall be attached to the Summative Evaluation. All challenges together with the record shall be forwarded to the supervisor of the evaluator unless the supervisor of the evaluator is also in the same building as the teacher. In this situation, the challenge together with the record shall be forwarded to a designated district or charter school level credentialed evaluator. 9.1.1Within fifteen (15) working days of receiving the written challenge, the supervisor of the evaluator or the designated district or charter school level credentialed evaluator shall review the record which consists of all documents used in the appraisal process and the written challenge, and issue a written decision. 9.1.2If the challenge is denied, the written decision shall state the reasons for denial. 9.1.3The decision of the supervisor of the evaluator or the designated district or charter school's level credentialed evaluator shall be final. .................................................... 10.1Evaluators shall have completed the DPAS II training as developed by the Department of Education. Evaluators shall receive a certificate of completion which is valid for five (5) years and is renewable upon completion of professional development focused on DPAS II as specified by the Department of Education. 10.2The training shall occur no less than once every three (3) years and shall include techniques of observation and conferencing, content and relationships of frameworks for teaching, and a thorough review of the DPAS II Revised Guide for Teachers. Activities in which participants practice implementation of DPAS II procedures shall be included in the training. 10.3The credentialing process shall be conducted by the Department of Education. .................................................. The Department of Education shall conduct an annual evaluation of the teacher appraisal process. The evaluation shall, at a minimum, include a survey of teachers and evaluators and interviews with a sampling of teachers and evaluators. Data from the evaluation and proposed changes to the DPAS II Revised Guide for Teachers shall be presented to the State Board of Education for review on an annual basis. .............................................. Statutory Authority: 14 Delaware Code, Section 122(b) (14 ............ §122(b)) 14 ............................ 108 ...................................................................................................................................................................... Appoquinimink Caesar Rodney Colonial Lake Forest Laurel Sussex Technical MOT Charter Providence Creek Academy Charter Sussex Academy of the Arts and Sciences The Administrator Appraisal Process, Delaware Performance Appraisal System (DPAS II), shall be effective for all public school districts and charter schools beginning with the 2008-2009 school year. 1.1For purposes of this regulation, an administrator shall be a professional employee authorized by a board to serve in a supervisory capacity involving the oversight of an instructional program(s). .................................................. ............................ The following definitions shall apply for purposes of this regulation: .............. shall mean the local board of education or charter school board of directors. ................................................ shall mean the individual, usually the supervisor of the administrator, who has successfully completed the evaluation training in accordance with 10.0. A superintendent shall be evaluated by member(s) of the local school board of education who shall also have successfully completed the evaluation training in accordance with 10.0. The Credentialed Evaluator may also be referred to as “Evaluator”. ............ shall mean the Delaware Association of School Administrators. .................................................................... shall mean the manual that contains the prescribed forms, detailed procedures, evaluation criteria and other relevant documents that are used to implement the appraisal process. ............ shall mean the Delaware State Education Association. ...................................................... shall mean an administrator who has three (3) or more years of service as an administrator. ...................................... shall consist of the Goal Setting Conference, self evaluation, a survey of staff that are supervised by the administrator, and formative conferences and reports as outlined in the DPAS II Guide for Administrators. .................................... shall be the plan that an administrator and evaluator mutually develop in accordance with 8.0. .......................................................... shall mean an administrator who has less than three (3) years of service as an administrator. ............................................................” shall mean the administrator’s performance demonstrates an understanding of the concepts of the component. .................................................. shall be equivalent to the overall “Effective” or “Needs Improvement” rating on the Summative Evaluation. .................................... shall mean the Delaware Student Testing Program (DSTP) or its successor. ............................................ shall be the final evaluation..at the conclusion of the appraisal cycle. .................................................................. shall mean the administrator’s performance does not demonstrate an understanding of the concepts of the component. ...................................................... shall be the equivalent to the overall “Ineffective” rating on the Summative Evaluation. .......................... shall mean a day when the employee would normally be working in that district or charter school. .................................................. ...................................... 3.1Experienced administrators who have earned a rating of “Effective” on his or her most recent Summative Evaluation shall receive a minimum of one (1) Formative Process each year with a Summative Evaluation at least once every two (2) years. 3.2Experienced administrators who have earned a rating of “Needs Improvement” or “Ineffective” on their most recent Summative Evaluation shall receive a minimum of one (1) Formative Process with a Summative Evaluation at the end of the one year period. These administrators shall have an Improvement Plan which may require additional Formative Process(es) or other types of monitoring as outlined in the DPAS II Guide for Administrators. 3.3Inexperienced administrators shall have a minimum of one (1) Formative Process with a Summative Evaluation at the end of the one (1) year period. Inexperienced administrators who have earned a rating of “Needs Improvement” or “Ineffective” on their most recent Summative Evaluation shall have an Improvement Plan which may require additional Formative Process(es) or other types of monitoring as outlined in the DPAS II Guide for Administrators. .................................................. ......DPAS II Guide for Administrators 4.1All districts and charter schools shall use the manual entitled DPAS II Guide for Administrators as developed and as may be amended by the Department of Education in collaboration with DSEA and DASA to implement the appraisal system. 4.1.1The manual shall contain at a minimum the following: 4.1.1.1Specific details about each of the five (5) Appraisal Ccomponents pursuant to 5.1. 4.1.1.2All forms or documents needed to complete the requirements of the appraisal process. 4.1.1.3Specific procedures to implement the appraisal system. .................................................. ............................................................................................ 5.1The following five (5) Appraisal Ccomponents, including the four (4) Appraisal Criteria specified for each, shall be the basis upon which the performance of an administrator shall be evaluated by a certified evaluator(s): 5.1.1Vision and Goals 5.1.1.1Using Data: Administrator, in collaboration with others such as the school or district improvement team or board, uses multiple sources of information and assists in analyzing data to establish rigorous and concrete school or district improvement goals in the context of student achievement and instructional programs. 5.1.1.2Implementing Vision and Goals: Administrator provides leadership for major initiatives and change efforts relative to the school or district improvement goals. Administrator is committed to doing the work required for continuous school and district improvement. 5.1.1.3Promoting Vision and Goals: Administrator promotes high expectations for teaching and learning. Administrator is committed to ensuring that all students have the knowledge and skills necessary to become successful in future educational activities. 5.1.1.4Communicating the Vision and Goals: Administrator communicates effectively to appropriate stakeholders about progress towards meeting the school or district improvement plan goals. Administrator participates in a process to regularly monitor, evaluate and revise school or district improvement goals. 5.1.2Culture of Learning 5.1.2.1Advocating a Culture of Learning: Administrator provides leadership for assessing, developing and improving the school or district culture and instructional program that is conducive to student learning. Administrator can articulate the desired school or district instructional program and shows evidence about how he or she reinforces the instructional program and culture. 5.1.2.2Monitoring the Culture of Learning: Administrator participates in monitoring and evaluating the effectiveness of the curriculum, instruction or assessment of students. Administrator evaluates staff and provides on-going coaching for improvement. Administrator uses a variety of sources of information to make decisions. 5.1.2.3Sustaining the Culture of Learning: Administrator helps to ensure that staff have professional development opportunities that enhance their performance and improve student learning. Administrator is accessible and approachable by staff, families, and community and is visible in the school or district community. Administrator supports the use of technology as appropriate in teaching and learning. 5.1.2.4Maintaining the Culture of Learning: Administrator systematically and fairly recognizes accomplishments of staff and students towards a positive school or district culture. Administrator uses and analyzes data to instill the importance of continually developing programs and strategies to enhance opportunities for learning. 5.1.3Management 5.1.3.1Solving Problems or Concerns: Administrator addresses and resolves issues as they arise in a timely manner and works to prevent potential problems. Operational procedures are designed and managed to maximize opportunities for learning for all students. 5.1.3.2Managing Resources: Administrator manages fiscal and physical resources responsibly, efficiently and effectively. Administrator protects instructional time by managing operational procedures in such a way as to maximize learning. Administrator efficiently manages his or her time so that teaching and learning are a high priority. 5.1.3.3Complying with Policies: Administrator complies with federal, state, and board policies. School or district contractual agreements are effectively managed. Administrator maintains confidentiality and privacy of school or district records, including student or staff information. 5.1.3.4Protecting the Welfare and Safety of Students and Staff: Administrator works to ensure a safe and secure school or district environment and a culture that is conducive to teaching and learning. Challenges that could potentially interrupt teaching and learning are addressed and resolved. 5.1.4Professional Responsibilities 5.1.4.1Maintaining Professional Relationships: Administrator fosters and maintains positive professional relationships with staff. Administrator is respectful of other’s opinions and demonstrates an appreciation for and sensitivity to diversity in the school or district community. 5.1.4.2Promoting Family and Community Involvement: Administrator collaboratively works to establish a culture that encourages and welcomes families and community members and seeks ways in which to engage them in student learning. 5.1.4.3Demonstrating Fairness: Administrator is fair and consistent when dealing with students and staff. Administrator demonstrates values, beliefs and attitudes that inspire all students and staff to higher levels of performance. 5.1.4.4Growing and Developing Professionally: Administrator chooses and participates in professional development that is aligned with his or her professional needs and..aligned with the needs of the school or district. 5.1.5Student Improvement 5.1.5.1Showing Student Improvement: Administrator uses school or district goals from the school or district improvement process to set his or her personal annual data driven goal(s) for student improvement. Data used to establish goals shall include school or district accountability data, State Assessment data, and other assessment data where available. 5.1.5.2Measuring Student Improvement: Administrator has specific, measurable evidence to show progress towards or attainment of goal(s) for student improvement. 5.1.5.3Implementing Strategies for Student Improvement: Administrator designs and implements appropriate strategies to show progress towards or attainment of goal(s) for student improvement. 5.1.5.4Reflecting on Student Improvement: Administrator reflects on goal setting process and outcomes for the purpose of continuous professional improvement and shares student improvement information with other staff as appropriate. .................................................. .............................................................. 6.1Each of the five (5) components pursuant to 5.0 shall be weighted equally and assigned a rating of Satisfactory or Unsatisfactory on the Summative Evaluation. 6.1.1A satisfactory rating for each Appraisal Ccomponent shall mean the administrator demonstrates acceptable performance by meeting at least three (3) of the four (4) Appraisal Criteria specified in each of the five (5) components set forth in 5.1. 6.2The Summative Evaluation shall also include one of three overall ratings: “Effective”, “Needs Improvement” or “Ineffective”. 6.2.1“Effective” shall mean that the administrator has received Satisfactory Component ratings in at least four (4) of the five (5) components in accordance with the Appraisal Criteria in 5.0. 6.2.2“Needs Improvement” shall mean that the administrator has received three (3) Satisfactory Component ratings out of the five (5) components in accordance with the Appraisal Criteria in 5.0. 6.2.3“Ineffective” shall mean that the administrator has received two (2) or fewer Satisfactory Component ratings out of the five (5) components in accordance with the Appraisal Criteria in 5.0. 6.2.3.1If an administrator’s overall Summative Evaluation rating is determined to be “Needs Improvement” for the third consecutive year, the administrator’s rating shall be re- categorized as “Ineffective”. .................................................. ........................................................................................................ A pattern of ineffective administrative performance shall be based on the most recent Summative Evaluation ratings of an administrator using the DPAS II process. Two consecutive ratings of “Ineffective” shall be deemed as a pattern of ineffective administration. The following chart shows the consecutive Summative Evaluation ratings determined to be a pattern of ineffective administrative performance: .................................................. ...................................... 8.1An Improvement Plan shall be developed for an administrator who receives an overall rating of “Needs Improvement” or “Ineffective” on the Summative Evaluation or a rating of Unsatisfactory on any Appraisal Ccomponent in 5.0 on the Summative Evaluation regardless of the overall rating. 8.1.1An Improvement Plan shall also be developed if an administrator’s overall performance during the Formative Process is unsatisfactory. This unsatisfactory performance shall be noted by the evaluator(s) on the Formative Feedback form by noting “PERFORMANCE IS UNSATISFACTORY” and initialing the statement. 8.2The Improvement Plan shall contain the following: 8.2.1Identification of the specific deficiencies and recommended area(s) for growth; 8.2.2Measurable goals for improving the deficiencies to satisfactory levels; 8.2.3Specific professional development or activities to accomplish the goals; 8.2.4Specific resources necessary to implement the plan, including but not limited to, opportunities for the administrator to work with curriculum specialist(s) or others with relevant experience; 8.2.5Procedures and evidence that must be collected to determine that the goals of the plan were met; 8.2.6Timeline for the plan, including intermediate check points to determine progress; 8.2.7Procedures for determining satisfactory improvement. 8.3The Improvement Plan shall be developed cooperatively by the administrator and evaluator. If the plan cannot be cooperatively developed, the evaluator shall have the authority and responsibility to determine the plan as specified in 8.2 above. 8.4The administrator shall be held accountable for the implementation and completion of the Improvement Plan. 8.5Upon completion of the Improvement Plan, the administrator and evaluator(s) shall sign the documentation that determines the satisfactory or unsatisfactory performance of the plan. .................................................. ........................................ 9.1An administrator may challenge any rating on the Summative Evaluation, either a Component Rating or the Overall Rating, or an administrator may challenge the conclusions of the Formative Process if the statement “PERFORMANCE IS UNSATISFACTORY” has been included on the Formative Feedback form. To initiate a challenge, an administrator shall submit additional information specific to the point of disagreement in writing within fifteen (15) working days of the date of administrator’s receipt of the Summative Evaluation. Such written response shall become part of the appraisal record and shall be attached to the Summative Evaluation. All challenges together with the record shall be forwarded to the supervisor of the evaluator, if any. 9.1.1Within fifteen (15) working days of receiving the written challenge, the supervisor of the evaluator shall review the record which consists of all documents used in the appraisal and the written challenge, and issue a written decision. 9.1.2If the challenge is denied, the written decision shall state the reasons for denial. 9.1.3The decision of the supervisor of the evaluator shall be final. .................................................. ........................................................ 10.1Evaluators shall have completed the DPAS II training as developed by the Department of Education. Evaluators shall receive a certificate of completion which is valid for five (5) years and is renewable upon completion of professional development focused on DPAS II as specified by the Department of Education. 10.2The training for the certificate of completion shall include techniques for observation and conferencing, content and relationships of ISLLC standards, and a thorough review of the DPAS II Guide for Administrators. Activities in which participants practice implementation of DPAS II procedures shall be included in the training. 10.3The credentialing process shall be conducted by the Department of Education. .................................................. .................................................. The Department of Education shall conduct an annual evaluation of the teacher appraisal process. The evaluation shall, at a minimum, include a survey of teachers and evaluators and interviews with a sampling of teachers and evaluators. Data from the evaluation and proposed changes to the DPAS II Guide for Teachers Administrators shall be presented to the State Board of Education for review on an annual basis. .................................................. .................................... .............................................. Statutory Authority: 14 Delaware Code, Section 122(b) (14 ............ §122(b)) 14 ............................ 108A ........................................................................................................................................................................................ .................................. 1.1The Administrator Appraisal Process, Delaware Performance Appraisal System (DPAS II) Revised shall be effective for all school districts and charter schools beginning July 1, 2011, and shall, at such time, replace the current 14 ............................ 108 Administrator Appraisal Process Delaware Performance Appraisal System (DPAS II). 1.1For purposes of this regulation, an administrator shall be a professional employee authorized by a board to serve in a supervisory capacity involving the oversight of an instructional program(s). ............................ The following definitions shall apply for purposes of this regulation: ".........." shall mean the local board of education or charter school board of directors. "............................................" shall mean the individual, usually the supervisor of the administrator, who has successfully completed the evaluation training in accordance with 10.0. A superintendent shall be evaluated by member(s) of the local school board of education who shall also have successfully completed the evaluation training in accordance with 10.0. The Credentialed Evaluator may also be referred to as "Evaluator". "........" shall mean the Delaware Association of School Administrators. "................................................................................" shall mean the manual that contains the prescribed forms, detailed procedures, evaluation criteria and other relevant documents that are used to implement the appraisal process. "........" shall mean the Delaware State Education Association. ".................................................." shall mean an administrator who has three (3) or more years of service as an administrator. ".................................." shall consist of the Goal Setting Conference, self evaluation, a survey of staff that are supervised by the administrator, and formative conferences and reports as outlined in the DPAS II Guide for Administrators. "................................" shall be the plan that an administrator and evaluator mutually develop in accordance with 8.0. "......................................................" shall mean an administrator who has less than three (3) years of service as an administrator. ".........................................................." shall mean the administrator's performance demonstrates an understanding of the concepts of the component. ".............................................." shall be equivalent to the overall "Effective" or "Needs Improvement" rating on the Summative Evaluation. "................................" shall mean the Delaware Student Testing Program (DSTP) or its successor. "......................................" shall mean (a) For tested grades and subjects: (1) Students scores on the DSTP or successor statewide assessment; and, as appropriate, (2) Other measures of student learning, such as those described in paragraph (b) of this definition, provided they are rigorous and comparable across classrooms. (b) For non-tested grades and subjects: alternative measures of student learning and performance such as student scores on pre-tests and end-of-course tests; student performance on English language proficiency assessments; and other measure of student achievement that are rigorous and comparable across classrooms. Such alternative measures shall be approved by the Department and developed in partnership with the local collective bargaining representatives. "............................" shall mean the change in achievement data for an individual student between two points in time. Growth may also include other measures that are rigorous and comparable across classrooms. "........................................" shall be the final evaluation at the conclusion of the appraisal cycle. ".............................................................." shall mean the administrator's performance does not demonstrate an understanding of the concepts of the component. ".................................................." shall be the equivalent to the overall "Ineffective" rating on the Summative Evaluation. "......................" shall mean a day when the employee would normally be working in that district or charter school. ...................................... 3.1Experienced administrators who have earned a rating of "Highly Effective" on their most recent Summative Evaluation shall receive a minimum of one (1) Formative Process each year with a Summative Evaluation at least once every two (2) years. The Student Improvement component for Highly Effective administrators shall be evaluated each year, regardless of whether or not a Summative Evaluation is conducted. If a Highly Effective administrator does not achieve a Satisfactory rating on the Student Improvement Component, the administrator shall receive a Summative Evaluation the following year, regardless of whether the administrator would otherwise be due for a Summative Evaluation pursuant to this section. 3.2Experienced administrators who have earned a rating of "Effective" and have earned Satisfactory ratings in four (4) of the Appraisal Components found in 5.0, including Student Improvement on his or her most recent Summative Evaluation shall receive a minimum of one (1) Formative Process each year with a Summative Evaluation at least once every two (2) years. 3.3Experienced administrators who are not otherwise included in 3.1 or 3.2 shall receive a minimum of one (1) Formative Process with a Summative Evaluation at the end of the one year period. These administrators shall have an Improvement Plan which may require additional Formative Process(es) or other types of monitoring as outlined in the DPAS II Revised Guide for Administrators. 3.4Inexperienced administrators shall have a minimum of one (1) Formative Process with a Summative Evaluation every year. Inexperienced administrators who have earned a rating of "Needs Improvement" or "Ineffective" on their most recent Summative Evaluation shall have an Improvement Plan which may require additional Formative Process(es) or other types of monitoring as outlined in the DPAS II Revised Guide for Administrators. ...................................................................................... 4.1All districts and charter schools shall use the manual entitled DPAS II Revised Guide for Administrators as developed and as may be amended by the Department of Education in collaboration with DSEA and DASA to implement the appraisal system. 4.1.1The manual shall contain at a minimum the following: 4.1.1.1Specific details about each of the five (5) Appraisal Components pursuant to 5.1. 4.1.1.2All forms or documents needed to complete the requirements of the appraisal process. 4.1.1.3Specific procedures to implement the appraisal system. ............................................................................................ 5.1The following five (5) Appraisal Components, including any Appraisal Criteria specified for each, shall be the basis upon which the performance of an administrator shall be evaluated by a certified evaluator(s): 5.1.1Vision and Goals 5.1.1.1Using Data: Administrator, in collaboration with others such as the school or district improvement team or board, uses multiple sources of information and assists in analyzing data to establish rigorous and concrete school or district improvement goals in the context of student achievement and instructional programs. 5.1.1.2Implementing Vision and Goals: Administrator provides leadership for major initiatives and change efforts relative to the school or district improvement goals. Administrator is committed to doing the work required for continuous school and district improvement. 5.1.1.3Promoting Vision and Goals: Administrator promotes high expectations for teaching and learning. Administrator is committed to ensuring that all students have the knowledge and skills necessary to become successful in future educational activities. 5.1.1.4Communicating the Vision and Goals: Administrator communicates effectively to appropriate stakeholders about progress towards meeting the school or district improvement plan goals. Administrator participates in a process to regularly monitor, evaluate and revise school or district improvement goals. 5.1.2Culture of Learning 5.1.2.1Advocating a Culture of Learning: Administrator provides leadership for assessing, developing and improving the school or district culture and instructional program that is conducive to student learning. Administrator can articulate the desired school or district instructional program and shows evidence about how he or she reinforces the instructional program and culture. 5.1.2.2Monitoring the Culture of Learning: Administrator participates in monitoring and evaluating the effectiveness of the curriculum, instruction or assessment of students. Administrator evaluates staff and provides on-going coaching for improvement. Administrator uses a variety of sources of information to make decisions. 5.1.2.3Sustaining the Culture of Learning: Administrator helps to ensure that staff have professional development opportunities that enhance their performance and improve student learning. Administrator is accessible and approachable by staff, families, and community and is visible in the school or district community. Administrator supports the use of technology as appropriate in teaching and learning. 5.1.2.4Maintaining the Culture of Learning: Administrator systematically and fairly recognizes accomplishments of staff and students towards a positive school or district culture. Administrator uses and analyzes data to instill the importance of continually developing programs and strategies to enhance opportunities for learning. 5.1.3Management 5.1.3.1Solving Problems or Concerns: Administrator addresses and resolves issues as they arise in a timely manner and works to prevent potential problems. Operational procedures are designed and managed to maximize opportunities for learning for all students. 5.1.3.2Managing Resources: Administrator manages fiscal and physical resources responsibly, efficiently and effectively. Administrator protects instructional time by managing operational procedures in such a way as to maximize learning. Administrator efficiently manages his or her time so that teaching and learning are a high priority. 5.1.3.3Complying with Policies: Administrator complies with federal, state, and board policies. School or district contractual agreements are effectively managed. Administrator maintains confidentiality and privacy of school or district records, including student or staff information. 5.1.3.4Protecting the Welfare and Safety of Students and Staff: Administrator works to ensure a safe and secure school or district environment and a culture that is conducive to teaching and learning. Challenges that could potentially interrupt teaching and learning are addressed and resolved. 5.1.4Professional Responsibilities 5.1.4.1Maintaining Professional Relationships: Administrator fosters and maintains positive professional relationships with staff. Administrator is respectful of other's opinions and demonstrates an appreciation for and sensitivity to diversity in the school or district community. 5.1.4.2Promoting Family and Community Involvement: Administrator collaboratively works to establish a culture that encourages and welcomes families and community members and seeks ways in which to engage them in student learning. 5.1.4.3Demonstrating Fairness: Administrator is fair and consistent when dealing with students and staff. Administrator demonstrates values, beliefs and attitudes that inspire all students and staff to higher levels of performance. 5.1.4.4Growing and Developing Professionally: Administrator chooses and participates in professional development that is aligned with his or her professional needs and aligned with the needs of the school or district. 5.1.5Student Improvement 5.1.5.1Measuring Student Improvement: Administrator's students have collectively demonstrate appropriate levels of Student Growth as benchmarked against standards to be set by the Secretary based on input from stakeholder groups. .............................................................. 6.1Each Appraisal Component shall be assigned a rating of Satisfactory or Unsatisfactory on the Summative Evaluation. 6.1.1A satisfactory rating for each of the first four Appraisal Components shall mean the administrator demonstrates acceptable performance by meeting at least three (3) of the four (4) Appraisal Criteria specified in each of the components. 6.1.2A satisfactory rating for the Student Improvement component shall mean that the administrator has demonstrated acceptable performance by meeting the standards set by the Secretary pursuant to 5.1.5.1. 6.2The Summative Evaluation shall also include one of four overall ratings: "Highly Effective", "Effective", "Needs Improvement" or "Ineffective". 6.2.1"................................" shall mean that the administrator has a Satisfactory Component Rating in four (4) of the five (5) Appraisal Components in accordance with 5.0. and that the administrator's students on average achieve high rates of student growth, that is, more than one grade level improvement in an academic year. 6.2.2".................." shall mean that: 6.2.2.1The administrator has received a Satisfactory Component Rating in at least three (3) Appraisal Components including the Student Improvement Component, and 6.2.2.3 The administrator does not meet the requirement for a "Highly Effective" rating found in 6.2.1. 6.2.3".................................." shall mean that: 6.2.3.1The administrator has received one (1) or two (2) Satisfactory Component Ratings out of the five (5) Appraisal Components in accordance with 5.0, including a Satisfactory rating in the Student Improvement Component, or 6.2.3.2The administrator has received three (3) or four (4) Satisfactory Component Ratings out of the five (5) Appraisal Components in accordance with 5.0 and the administrator has received an Unsatisfactory rating in the Student Improvement Component. 6.2.4 "......................" shall mean that: 6.2.4.1The administrator has received zero (0), one (1), or two (2) Satisfactory Component Ratings out of the five (5) Appraisal Components in accordance with 5.0, and 6.2.4.2The administrator has received an Unsatisfactory Component Rating in the Student Improvement Component. 6.2.5If an administrator's overall Summative Evaluation rating is determined to be "Needs Improvement" for the third consecutive year, the administrator's rating shall be re-categorized as "Ineffective". ........................................................................................................ A pattern of ineffective administrative performance shall be based on the most recent Summative Evaluation ratings of an administrator using the DPAS II process. Two consecutive ratings of "Ineffective" shall be deemed as a pattern of ineffective administration. The following chart shows the consecutive Summative Evaluation ratings determined to be a pattern of ineffective administrative performance: ...................................... 8.1An Improvement Plan shall be developed for an administrator who receives an overall rating of "Needs Improvement" or "Ineffective" on the Summative Evaluation or a rating of Unsatisfactory on any Appraisal Component in 5.0 on the Summative Evaluation regardless of the overall rating. 8.1.1An Improvement Plan shall also be developed if an administrator's overall performance during the Formative Process is unsatisfactory. This unsatisfactory performance shall be noted by the evaluator(s) on the Formative Feedback form by noting "PERFORMANCE IS UNSATISFACTORY" and initialing the statement. 8.2The Improvement Plan shall contain the following: 8.2.1Identification of the specific deficiencies and recommended area(s) for growth; 8.2.2Measurable goals for improving the deficiencies to satisfactory levels; 8.2.3Specific professional development or activities to accomplish the goals; 8.2.4Specific resources necessary to implement the plan, including but not limited to, opportunities for the administrator to work with curriculum specialist(s) or others with relevant experience; 8.2.5Procedures and evidence that must be collected to determine that the goals of the plan were met; 8.2.6Timeline for the plan, including intermediate check points to determine progress; 8.2.7Procedures for determining satisfactory improvement. 8.3Any state or federally funded professional development that is completed during the time that the Improvement Plan is in effect shall be certified by the Department and shall be directly related to areas identified as needing improvement. 8.4The Improvement Plan shall be developed cooperatively by the administrator and evaluator. If the plan cannot be cooperatively developed, the evaluator shall have the authority and responsibility to determine the plan as specified in 8.2 above. 8.5The administrator shall be held accountable for the implementation and completion of the Improvement Plan. 8.6Upon completion of the Improvement Plan, the administrator and evaluator(s) shall sign the documentation that determines the satisfactory or unsatisfactory performance of the plan. ........................................ 9.1An administrator may challenge any rating on the Summative Evaluation, either a Component Rating or the Overall Rating, or an administrator may challenge the conclusions of the Formative Process if the statement "PERFORMANCE IS UNSATISFACTORY" has been included on the Formative Feedback form. To initiate a challenge, an administrator shall submit additional information specific to the point of disagreement in writing within fifteen (15) working days of the date of administrator's receipt of the Summative Evaluation. Such written response shall become part of the appraisal record and shall be attached to the Summative Evaluation. All challenges together with the record shall be forwarded to the supervisor of the evaluator, if any. 9.1.1Within fifteen (15) working days of receiving the written challenge, the supervisor of the evaluator shall review the record which consists of all documents used in the appraisal and the written challenge, and issue a written decision. 9.1.2If the challenge is denied, the written decision shall state the reasons for denial. 9.1.3The decision of the supervisor of the evaluator shall be final. ........................................................ 10.1Evaluators shall have completed the DPAS II training as developed by the Department of Education. Evaluators shall receive a certificate of completion which is valid for five (5) years and is renewable upon completion of professional development focused on DPAS II as specified by the Department of Education. 10.2The training shall occur no less than once every three (3) years and shall include techniques for observation and conferencing, content and relationships of ISLLC standards, and a thorough review of the DPAS II Revised Guide for Administrators. Activities in which participants practice implementation of DPAS II procedures shall be included in the training. 10.3The credentialing process shall be conducted by the Department of Education. .................................................. The Department of Education shall conduct an annual evaluation of the teacher appraisal process. The evaluation shall, at a minimum, include a survey of teachers and evaluators and interviews with a sampling of teachers and evaluators. Data from the evaluation and proposed changes to the DPAS II Revised Guide for Administrators shall be presented to the State Board of Education for review on an annual basis. .............................................. Statutory Authority: 14 Delaware Code, Section 122(b) (14 ............ §122(b)) 14 ............................ 251 .......................................................................................................... .......................................................................................................... The Department of Education is authorized by 14................§4111, to adopt rules and regulations regarding the educational records of students in public and private schools in Delaware. This regulation is intended to govern access to, confidentiality of, and the amendment of educational records in a manner consistent with the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. 1232g, and its implementing regulations at 34 CFR part 99, and the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq. and its implementing regulations. ............................................................................................................................................................................ 2.1Each school district, charter school and private school shall develop, adopt, and maintain a written policy regarding the educational records of its students. This policy shall address access to such records, the confidentiality of such records, and the method by which the records may be amended. The policy shall comply with FERPA and its implementing regulations. 2.2Each school district, charter school and private school shall periodically review and revise its policy on educational records to ensure continued compliance with FERPA. 2.3Nothing in this regulation shall preclude a school district, charter school, or private school from adopting additional policies regarding educational records so long as those regulations are consistent with FERPA. Nothing in this regulation shall alter a school district or a charter school’s duties regarding educational records of children with disabilities pursuant to the Individuals with Disabilities Education Act. .................................................... 3.1Except as otherwise provided, the Department of Education adopts the federal regulation implementing FERPA (34 CFR part 99), including any subsequent amendment or revision to that regulation, to the extent the Department maintains educational records on students in attendance in Delaware schools. 3.2Notwithstanding section 3.1, the Department shall not be required to annually notify parents or eligible students of their rights under FERPA or this regulation. School districts, charter schools, and private schools shall continue to be responsible for such notification. The Department may also disclose directory information from the educational records it maintains without prior public notification. 3.3Notwithstanding section 3.1, the Department shall not be required to provide a hearing to a parent or eligible student seeking to amend their educational records as provided in Subpart C of the FERPA regulation. ................................................................................ The Family Policy Compliance Office (“FPCO”) of the U.S. Department of Education is responsible for monitoring compliance with FERPA..by agencies to which federal education funds have been made available. That office will investigate, process and review violations and complaints that may be filed with it concerning the privacy rights of parents and students of covered agencies. The following is the address of the office: The Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, D.C. 20202-4605. Families of students attending schools to which federal education funding has not been made available may also find FPCO’s interpretations and policy letters useful in understanding their rights under the policies required by this regulation. .............................................. .............................................. Statutory Authority: 14 Delaware Code, Section 122(b) (14 ............ §122(b)) 14 ............................ 252 ........................................................................................................................................................................ ............................ The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly states otherwise: ............................ shall mean any written direction from a court of competent jurisdiction directed to the student or affecting the student’s care or custody. ........................................shall mean information about any and all periods of out of school suspension or of expulsion from the regular school setting imposed on a student as a result of an infraction of the school or district’s code of conduct or other rules. .................................................... shall mean the card containing the general emergency information and procedures for the care of a student when the student becomes sick or injured in school as required in 14 ............................811. ......................................shall mean the name of the student, date of birth, sex, race and ethnicity, address, telephone number, Delaware student identification number and the name of the parent(s), guardian(s) or Relative Caregiver. .................................. shall mean a single record maintained for each student in kindergarten through grade 8 that contains end of year and up to date grades; standardized test(s) scores such as the DSTP or successor state student assessment; and attendance data for each year of the student’s attendance. ..............................................shall mean the form required by 14 ............................811 for Delaware public school students. ........................................ shall mean a single record maintained for each student in grades 9 and above that contains the following: end of year and up to date grades; credits earned; class rank; Grade Point Average (GPA); withdrawal or graduation date; standardized test(s) scores such as the DSTP or successor state student assessment, SAT, PSAT, ACT; attendance data and school activities. If applicable, a list of the career technical competencies achieved by a student enrolled in a specific career technical program shall also be included. ........................................................................................................ 2.1Each Delaware school shall maintain a Cumulative Record File either as an electronic or paper file for each student enrolled. 2.1.1The student Cumulative Record File shall contain the Emergency Treatment Card, Identifying Data, School Health Record, Progress Report, Student Transcript (for students in grades 9 and above) and Discipline Record. 2.1.2The student Cumulative Record File shall also contain any Court Orders in the school or district’s possession, to the extent the school or district maintains such documents for an individual student. 2.1.3In addition, the Cumulative Record File for a child with a disability as defined in 14 .................. ..........925..shall contain any records related to the identification, evaluation, placement, and provision of a free appropriate public education. Such documents may be collected and maintained separately. ................................................................................................................................................ 3.1When a student transfers from a public school, private school or an educational program operated by the Department of Services for Children Youth and Their Families to any other school in Delaware, the receiving school shall immediately request the Cumulative Record File from the sending school or program. 3.2The Cumulative Record File shall follow each student transferred from one school to another including files for each student with disabilities transferred from one school to another. 3.2.1Public schools, school districts, private schools and educational programs operated by the Department of Services for Children Youth and Their Families shall promptly transfer a student’s Cumulative Record File upon the request of a receiving school. 3.2.2Unpaid student fees or fines shall not be a basis for a public school, school district or an educational program operated by the Department of Services for Children Youth and Their Families to deny or to delay transfer of the Cumulative Record File. 3.2.3Students shall not be denied enrollment into a public school on the grounds that the student’s Cumulative Record File has not been received. 3.3Before transferring student records, a public school, school district or private school shall specifically confirm that the Cumulative Record File contains the student’s Discipline Record. 3.4When students transfer to a Delaware school from any other school including a school in a foreign country the receiving school is responsible for having the transcripts evaluated. .................................................................................................................. 4.1The Delaware School District General Records Retention Schedule published by the Delaware Public Archives shall be followed as to the length of time and special considerations for the maintenance of education records. 4.2Contracts for storage of student records of graduates, withdrawals and special education students for district storage, shall be initiated between the school district or charter school and the Delaware Public Archives. 4.3The Cumulative Record Files for students who have graduated from or who left school prior to graduation from high school shall be stored at the school or district of last attendance or in the Delaware Public Archives. .......................................................................................................... 5.1The Delaware School District General Records Retention Schedule published by the Delaware Public Archives shall be followed as to the length of time and special considerations for the destruction of any education records... 5.2The destruction of educational records of children with disabilities shall also comply with the requirements of 14 ............................925 927. .............................................. .............................................. Statutory Authority: 14 Delaware Code, Section 122(b) (14 ............ §122(b)) 14 ............................ 714 .................................................................................................. .................................................... 1.1If it is determined that illegal activity such as a work stoppage or strike has taken place, the local Board of Education or charter school shall: 1.1.1Adopt a resolution informing the exclusive negotiating representative that the employee organization has violated the terms of 14................§4016, and such organization as the exclusive representative will be revoked at a time to be determined by the local Board of Education or charter school; 1.1.2Refrain from making payroll deductions for the dues of any employee organization, which violated the law unless such dues are deducted pursuant to a court order entered for the purpose of securing the payment of a contempt fine; 1.1.3Deduct salary for unexcused absence in accordance with 14 ..............§1320; 1.1.4Execute items 1.1.2 and 1.1.3 above in the preparation of the next regular payroll; 1.1.5Require a medical certificate for each employee absent claiming sick leave during the period of the strike. ...................................... 2.1As a part of any settlement following a strike or work stoppage, the local Board of Education or charter school shall not enter into any direct or implied agreement, which would permit school days lost because of the strike to be rescheduled. 2.2Similarly, the local Board of Education or charter school shall not agree to extend the school year or to request such an extension from the Secretary of Education. .............................................. .............................................. .............................................. Statutory Authority: 14 Delaware Code, Section 122(b) (14 ............ §122(b)) 14 ............................ 725 .................................................................................................. ...................................................................... The Administrator shall faithfully perform those duties which may be assigned by the local Board of Education and shall serve the School District in a professional manner. The Administrator shall observe and comply with the laws of the State of Delaware and with the regulations of the State Department of Education and the local Board of Education as currently in force and as from time to time amended, enacted or promulgated. ............................................................................................................ Failure on the part of the local Board of Education or the Administrator to notify the other in writing by certified mail, no later than six (6) months prior to the expiration of the Agreement, of either party’s intent not to renew the Agreement, will automatically result in a one year extension of the existing Agreement. .......................................................................................................................................................................................... 3.1The Administrator shall not vacate his or her position during the term of this Agreement without the written consent of the local Board of Education. 3.2The local Board of Education shall not terminate the Contract, prior to the expiration date, except for good and just cause and shall provide the opportunity for a fair hearing before the local Board of Education or before a Hearing Officer designated by the local Board of Education. Prior to any hearing in regard to the termination of the Administrator, the local Board of Education shall serve the Administrator with a written statement of the reasons for termination. 3.3If the local Board of Education designates a Hearing Officer to conduct such a hearing, a majority of the local Board of Education shall convene to review the record of the proceedings before the Hearing Officer and the Hearing Officer’s report and recommendation to the local Board of Education, and within fifteen (15) days of the hearing before the Hearing Officer, shall submit to the Administrator its decision in writing. 3.4If the Administrator chooses to be represented by legal counsel, all legal expenses incurred by the Administrator in connection with any termination hearing shall be borne by the Administrator. 3.5Appeal from a decision of the local Board of Education concerning the provisions of the Agreement may be made to the State Board of Education. .............................................. .............................................. .............................................. Statutory Authority: 14 Delaware Code, Section 122(b) (14 ............ §122(b)) 14 ............................ 738 ................................................................................................................................................ .................... The purpose of this regulation is to outline goals for Delaware's local school districts and charter schools with respect to the percentage of cumulative revenues that shall be used for instruction and instruction-related expenditures, as those terms are used by the National Center for Educational Statistics or its successor organization, as required pursuant to 14.............. §1510. ............................ “..........................l" shall mean a school pursuant to 14 ............, Chapter 5. "........................" shall mean all amounts of money paid out by a school system, net of recoveries and other correcting transactions, other than for retirement of debt, purchase of securities, extension of loans, and agency transactions. Expenditures include only external transactions of a school system and exclude noncash transactions such as the provision of prerequisites or other in-kind payments. Definition from the National Center for Education Statistics NCES 2009-338 Sept 2009. "................................................................................................" shall mean payments for instruction and Instruction staff support services. These are expenditures that are directly related to providing instruction and for activities that assist with classroom instruction. These include salaries and benefits for teachers, teaching assistants, librarians and library aides, in-service teacher trainers, curriculum development, student assessment, technology (for students but outside the classroom), and supplies and purchased services related to these activities. Definition from the National Center for Education Statistics NCES 2009-338 Sept 2009. "................................................" or "......" means a public board of education or other public authority legally constituted within Delaware for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a school district, or for a combination of school districts. The term includes an educational service agency, as defined in this section, and any other public institution or agency having administrative control and direction of a public elementary school or secondary school. ".........................................." shall mean a reorganized school district or vocational technical school district established pursuant to 14 ............, Chapter 10. "............................" is the sum of revenue contributions emerging from local, state, and federal sources. Revenue received from bond sales or the sale of property or equipment is not included. Definition from the National Center for Education Statistics NCES 2009-338 Sept 2009. .......................................................................................................................... 3.1Each local school district shall increase Instruction and Instruction-related expenditures as a percentage of Total Revenues to exceed the national average by at least 5% from the most current data available from the U.S. Department of Education, National Center for Education Statistics, Institute of Education Sciences. The baseline shall be 54.9%. This represents data from FY07 which is the latest information available from the National Center for Education Statistics. 3.2Each charter school shall increase Instruction and Instruction-related expenditures as a percentage of Total Revenues to meet the national average from the most current data available by the U.S. Department of Education, National Center for Education Statistics, Institute of Education Sciences. The baseline for the 2010-2011 school year shall be 52.3%. This represents data from FY07 which is the latest information available from the National Center for Education Statistics. 3.3Beginning with the 2009-2010 school year, local school districts and charter schools shall provide data as required by NCES for that current school year to the Department as required by timelines imposed by NCES, but no later than July 15th. 3.4Beginning with the 2010-11 school year, the goal for each local school district and charter school shall be to budget to reflect 3.1 and 3.2. ...................................................................... 4.1By December 1st of each year, the Department shall notify the local school district and charter schools the goals, based the latest NCES data, for 3.1 and 3.2. 4.2By March 1, 2010 for the 2008-2009 school year, and December 31st following the end of each school year thereafter, the Department shall provide a report on its website describing each local school district and charter school status with respect to the goals in 3.1 and 3.2. For charter schools, the description shall at a minimum include any expenses associated with facilities. ........................................................ Statutory Authority: 14 Delaware Code, Section 1205(b) (14 ............ §1205(b)) 14 ............................ 1511 .............................................................................................. .................... This regulation shall apply to the issuance and renewal of a Continuing License for educators, pursuant to 14 ..............§1211 and §1213. ................................................ ............................ The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: ".........................................................................................." means that the culminating, tangible result of the professional development activity is accessible by the individual signing the certificate of participation or the Activity Documentation Form. Examples of a product include, but are not limited to a publication, a Professional Learning Community protocol, standards-based assessments or curriculum, copies of a presentation or other substantial work as a result of Action Research. ".............................." means a process by which educational issues and problems are identified and researched at either the school or the classroom level. By integrating current research into these settings and engaging the relevant educators in research activities, the findings can be applied immediately to solve the targeted problems more quickly. "......................................................" means the official form approved by the Standards Board that includes specific details about the activity to be used for License renewal and the signature of an instructional leader within the Professional Learning Community, or a school, district or charter school instructional leader the applicant is responsible to. ................................ means graduate or undergraduate level course work and continuing education units (CEUs) completed at, or through, a regionally accredited college or university or other approved provider. ........................ means actual time spent in professional development, not credit hours. .................................................................................... means an individual working with student teachers or graduate or undergraduate interns as part of a state approved educator preparation program. .................... means focused groups of approved professional development activities that lead to measurable and observable knowledge and skills. Clusters must shall be approved by the Standards Board and the State Board. ............................................................................ means work with a local, state, national, or international education agency, Professional Learning Community, or organization designing curriculum or assessments for improved educational practice in an area related to an individual's professional responsibilities. .................................................................... means standards for education administrators approved by the Secretary of Education Professional Standards Board and the State Board of Education, as per 14 ............................................§1590, Delaware Administrator Standards. .................................................................................... means standards of teaching approved by the Secretary of Education Professional Standards Board and the State Board of Education, as per..14........ ........................§1597, Delaware Professional Teaching Standards. ........................ means the Delaware Department of Education. "........" means an approved state educator performance system pursuant to 14 ............ Chapter 12, Subchapter VII. ............................................means an individual professional growth project of 15 or more clock hours, including a research project not related to a course for which credit is claimed, completed to enhance the individual's professional practice, with the development of a final product or report. ........................................ means a travel experience including 15 or more clock hours of work time directly related to the individual's professional responsibilities, including a final project product to be used to enhance the individual's work. ......................means a person licensed and certified by the State under 14.............. §1202 Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Standards Board and approved by the State Board. The term ‘educator’ does not include substitute teachers. "......................................" means any entity which employs educators, and includes, but is not limited to, school districts, charter schools, boards of directors, or management companies. .............................................. means unanticipated circumstances or circumstances beyond the educator's control, including, but not limited to, expiration of an Initial or Continuing license during the school year, serious illness of the educator or a member of his/her immediate family, activation to active military duty, and other serious emergencies which necessitate the educator's temporarily leaving active service. "........................................" is an educator who holds a Continuing or Advanced License, or an educator who held a Professional Status Certificate issued prior to August 1, 2003. An educator from another jurisdiction who has completed three (3) or more years of successful teaching may be considered an experienced educator. ........................................ means documented participation in a study group, related to an individual's professional responsibilities, such as reviewing, discussing, and implementing strategies from a book or creating a group product as part of an action research project, as a form of professional development. ..........................means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of his or her unfitness or otherwise. .................................. means a license issued as part of the three tiered licensure system set forth in 14 ..............§1210. ............................................ means understandings and abilities that, when acquired by educators, lead to more effective instruction. "................................" means an authorized, temporary break in service of an educator for a maximum of three (3) years during the term of an Initial or Continuing License caused by the educator not actively working due to some type of leave, including but not limited to medical leave, military leave, personal leave, sabbatical leave or Family and Medical Leave Act (FMLA) leave. ...................... means training and service in providing mentoring support or assistance through a formally organized and approved state or district mentoring program to educators during the initial licensure period activities, training and service in mentoring support or assistance provided through a formally organized Department approved mentoring program or such supplemental mentoring programs as required by regulation or the educator's employing authority. Mentoring includes, but is not limited to the mentoring programs required for educators during a three (3) year Initial Licensure period, a Continuing Licensure period, or any other mentoring program as required by law. .................................................................................. means a certificate from the National Board for Professional Teaching Standards, or similar body as approved by the Standards Board, verifying completion of all requirements in an individual's job related area of the profession or, in the case of an individual seeking, but not earning, the national certificate, verification of the clock hours devoted to completing the requirements for the national certificate. ".........................................." means the period of time that an educator has not been actively working in the field of education. .............................. means training and service as a peer coach or peer assistant in a formally organized and approved state or school district peer coaching or peer assistance program. "................................................................................" means a structured program within a building, district or charter school that has been specifically identified through a Success Plan. Such programs shall be designed to enhance knowledge and skills that promote continuous professional growth and improve student performance. ............................ means preparation and presentation as a workshop or conference presenter or course instructor on a topic related to the individual's professional responsibilities. ........................................................................................................................................ means a program offered either within, or outside, the state that contributes to the participant's professional knowledge or skills in effectively conducting his/her work in education. .................................................... means classes, seminars, workshops, collaborative work groups, learning communities, cohort school or district teams which result in the acquisition of knowledge and skills which lead to more effective instruction a combination of focused, in-depth learning, practice, feedback, reflection, and expert support experiences designed to change participants' attitudes, insights, and/or perspectives; and ultimately results in improved professional practice. Effective professional development programs include ample opportunities for knowledge acquisition, skill mastery, descriptive feedback, and refinement of practice in the work setting. .......................................................................... means activities designed to enhance knowledge and skill to promote continuous professional growth and to improve educator performance. .................................................................... or .................. means a focused group of professional development activities that leads to measurable and observable knowledge and skills. ".........................................................................." consists of a minimum of four (4) educators with the following attributes: supportive and shared leadership, collective creativity, shared values and vision, supportive conditions, shared personal practice, and whose focus over an extended period of time is on improving student learning with an accountability measure built into their process. An extended period of time would be considered a minimum of ten (10) consecutive weeks and a minimum accumulation of fifteen (15) clock hours. ................................................ means a formal collection of artifacts and exhibits that include required examples of an individual's professional work based upon specific performance tasks or standards. ............................................................................means job related service, designed to enhance the profession. ".............." means an activity with a cohesive educational plan of action with goals and objectives. .......................... means the preparation of a formally published book, article, report, study, or grant that contributes to the education profession or adds to the body of knowledge in an individual's specific field, but does not include such items prepared as part of a course for which an individual is also claiming credit. .................................. means the Professional Standards Board established pursuant to 14 ..............§104. .............. means State of Delaware. .......................... means the State Board of Education of the State of Delaware established in response to 14 ..............§104. .............................................. ............................................ ............................................ ............................................................................................................ 3.1In accordance with 14................§1211, the Department shall issue, upon application, a Continuing License to an educator who has successfully completed the requirements under the initial licensure as set forth in 14 ..............§1210 and §1211. The Department shall issue a Continuing License to an applicant licensed as an educator in another jurisdiction who provides evidence of having completed three (3) or more years of successful teaching experience. A Continuing License is valid for 5 years unless extended pursuant to 14 ..............§1216..or revoked for cause, as defined in..14 ............ §1218. 3.2An applicant for a Continuing License shall submit a complete application on the Department approved application form to the Department. Verification by the school district, charter school, or other employing authority of satisfactory DPAS annual summative evaluations for the period of initial licensure shall be submitted with an initial application for a Continuing License. 3.3An applicant with more than one (1) unsatisfactory DPAS annual summative evaluation during the period of initial licensure is ineligible to be issued a Continuing License. 3.4Incomplete applications will shall not be processed. 3.4.1The Department shall send notice of the incomplete application. The applicant shall be responsible for maintaining current contact information with the Department. 3.4.2Notification of an incomplete application shall also be sent to the applicant's employing authority. 3.5Applicants from Another Jurisdiction 3.5.1The Department shall issue a Continuing License to a qualified applicant currently licensed as an educator in another jurisdiction who provides evidence of having completed three (3) or more years of successful teaching experience with the following conditions: 3.5.1.1The educator may demonstrate three (3) years of successful teaching experience by submitting documentation to the Department of a minimum of three (3) years of teaching experience and of having received at least two (2) satisfactory evaluations from the other jurisdiction that the Department finds are the equivalent of the two (2) satisfactory summative evaluations required of an Delaware educator. 3.5.1.2If the educator has been out of the profession for more than three (3) years, the educator must meet the following as a condition of maintaining the original Continuing License: 3.5.1.2.1The educator shall, within the first year of employment, successfully complete a Department approved mentoring program which focuses on current best practices in curriculum, instruction and assessment and aligned to state and national standards. 3.5.1.2.1.1Failure to successfully complete the approved mentoring program shall result in the suspension of the License. If the Continuing License expires during the term of the suspension, the educator must apply for an Initial License and meet the requirements in effect at the time of the application. 3.5.1.2.1.2Upon request by the applicant and employing authority, the Department may extend the time to complete the approved mentoring program for a period of up to one (1) year upon a showing of exigent circumstances. 3.5.1.3 The educator shall be entitled to notice and the right to a hearing as provided within Section 12. 3.5.2Experienced educators from other jurisdictions with an expired license from another jurisdiction 3.5.2.1Experienced educators coming from another jurisdiction with an expired license shall apply for an Initial License and meet the requirements in effect at the time of the application. 3.6A Continuing License is valid for five (5) years unless extended pursuant to 14 ............ §1216 or revoked or suspended for cause, as defined in 14 ............ §1218 or suspended for failure to meet the other conditions of maintaining a License. 3.27The Department shall not act on an application for licensure if the applicant is under official investigation by any state or local authority with the power to issue educator licenses or certifications, where the alleged conduct involves allegations of immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty or falsification of credentials, until the applicant provides evidence of the investigation’s resolution. 3.7.1The Department shall send notice of the inability to process the application. 3.7.2The applicant shall be responsible for maintaining current contact information with the Department. .............................................. ............................................ .............................................. ............................................ .................................................................................................................................................................................... 4.1Delaware Certificates issued prior to July 2, 2001 4.1.1In accordance with 14 ............ §1215, Tthe Department may issue an original Continuing License to an qualified educator who holds a Delaware certificate issued by an education certifying board prior to July 13, 1971 or who previously held a valid Delaware Standard or Professional Statuscertificate that has expired 4.1An educator returning to employment and holding a current Standard or Professional Status Certificate will be issued a Continuing License upon employment. 4.1.1.1As a condition of maintaining the original Continuing License, the educator shall successfully complete the first year of the Department's approved mentoring program required of educators on an Initial License within their first year of employment. 4.1.1.1.1Upon request by the applicant and employing authority, the Department may extend the time to complete the approved mentoring program for a period of up to one (1) year upon a showing of exigent circumstances. 4.1.1.1.2Failure to successfully complete the approved mentoring program shall result in the suspension of the License. If the Continuing License expires during the term of the suspension, the educator must apply for an Initial License and meet the requirements in effect at the time of the application. 4.1.1.3The educator shall be entitled to notice and the right to a hearing as provided in Section 12. 4.2An educator who previously held a valid Delaware Standard or Professional Status Certificate which has expired and who has been out of the profession for less than three (3) years may be issued a Continuing License, valid for 5 years, upon employment and application on the approved form and evidence of previous Delaware certification. Application Procedures and Requirements 4.2 1The educator shall make application to the Department on a Department approved form and provide evidence of previous Delaware certification. 4.2.2The educator shall provide evidence that all other requirements have been successfully met. 4.2.3Incomplete applications shall not be processed. 4.2.3.1The Department shall send notice of the incomplete application. The applicant shall be responsible for maintaining current contact information with the Department. 4.2.3.2Notification of an incomplete application shall also be sent to the applicant's employing authority. 4.3An educator who has completed three (3) or more years of successful teaching and who holds a Continuing License which has expired who has been out of the profession for more than three (3) years may be issued a Continuing License, but must, within the first year of employment, successfully complete a district sponsored mentoring program which focuses on current best practices in curriculum, instruction and assessment aligned to state standards. A Continuing License is valid for five (5) years unless extended pursuant to 14 ............ §1216 or revoked or suspended for cause, as defined in 14 ............ §1218 or suspended for failure to meet the other conditions of maintaining a License. 4.4An educator holding a Temporary Certificate and currently employed as an educator in a Delaware public school will be issued a Continuing License upon completing all requirements for the current Standard Certificate. Requirements must be completed by the expiration date of the Temporary Certificate. 4.5An educator holding a current or expired Professional Status or Standard Certificate assigned to work outside the area covered by the Professional Status or Standard Certificate will be issued a Continuing License, with an Emergency Certificate for the new area issued for a period of three years to enable the educator to fulfill the requirements for the Standard Certificate in the area of the new assignment. Professional Status or Standard Certificates held by an educator at the time of reassignment will be added to the Continuing License as Standard Certificates. ................................................ .............................................. ............................................ .................................................................... 5.1In accordance with..14 ..............§1212, the Department shall renew a Continuing License, valid for an additional five (5) years, to an qualified educator who has fulfilled the ninety (90) clock hour requirement for professional development and other requirements of this regulation. At least one half of the required hours [(forty-five (45) hours every five (5) years)] for educators must shall be in activities that relate to the educator's work with students or staff. Satisfactory evidence of such completion, as set forth in Section 5.115 or Section 16, shall be submitted to the Department with the application for renewal. The ninety (90) clock hours of professional development must shall have taken place during the term of the Continuing License. 5.2 Renewal of Expired Delaware Continuing License 5.2.1The Department may issue a Continuing License to a qualified educator who previously held a Delaware Continuing License that expired not more than five years before the renewal application, with the following conditions: 5.2.1.1If the educator has been out of the profession for more than three (3) years, the educator shall, within the first year of employment, successfully complete a Department approved mentoring program which focuses on current best practices in curriculum, instruction and assessment and aligned to state and national standards. 5.2.1.2Prior to renewal of the License, the educator shall provide to the Department evidence of successfully completing ninety (90) clock hours of professional development during the last five (5) years, pursuant to Section 7. 5.2.1.3A Continuing License is valid for five (5) years unless extended pursuant to 14 ............ §1216 or revoked or suspended for cause, as defined in 14 ............ §1218 or suspended for failure to meet the other conditions of maintaining a License. 5.2.2The Department may not reissue a Continuing License to an educator who previously held a valid Continuing License which expired more than five (5) years prior to application for renewal. 5.2.2.1The educator shall apply for an Initial License and meet the requirements in effect at the time of the application. 5.13Professional Development Options for Relicensure are listed in Section 15 and Section 16. 5.24Documentation of Clock Hours for Relicensure 5.24.1For renewal of the Continuing License, educators may complete and document clock hours for the variety of activities described under relicensure options. When college or university courses are used to fulfill the requirements, the following equivalencies will shall be used: one (1) semester hour equals fifteen (15) clock hours, one (1) quarter hour equals ten (10) clock hours, one (1) CEU equals ten (10) clock hours. To be documented for clock hours, activities must shall meet the criteria set forth in the regulations and must shall be appropriately verified and applied for. Professional development activities that are part of a DPAS assistance or improvement plan may be used to satisfy this requirement. Individuals, schools or school districts, or other agencies organizing or conducting professional development activities which may be used for fulfilling the requirements for renewal of a license are responsible for providing documentation of participation to all participants. Each educator is responsible for obtaining any necessary approvals, as set forth in 5.1 Section 14 and in Section 15, from his or her employer before participating in a professional development activity. An employer may not impose additional activity requirements on the award of clock hours towards renewal of a Continuing License. 5.24.2Criteria for determining if activities are acceptable for clock hour credit for an educator include the following: 5.24.2.1The activity enhances the knowledge and skills in the educator's job or contributes to his/ her school or profession. 5.24.2.2 The activity meets one of the relicensure options. 5.24.2.3The activity addresses one of the standards for the educator's area of the profession. 5.24.2.4The activity is completed during the term of the educator's current Continuing License. 5.24.2.5The activity addresses specific Professional Teaching or Administrator EducatorStandards. 5.24.2.6Participation in, or completion of, the activity can be documented. 5.35The Relicensure Application, Activity Documentation Form, and, where required, original or official documents will shall be used to verify activities for renewal of a Continuing License. Official transcripts or original grade slips are required documentation for successful completion of college courses. 5.46For applicants who change positions (grade levels, content areas, areas of supervisory responsibility, etc.) during the five year term of a Continuing License, clock hours documented must shall have been appropriate to the educator's position at the time the clock hours were completed. 5.7The Department shall have the responsibility to verify clock hours for applicants that are not currently employed by a Delaware employing authority or those employed in another jurisdiction and wish to renew their Continuing License. The Department may require that the applicant submit verifying documentation. ................................................ ............................................ .............................................. ................................................ ........................................................................ To obtain renewal of a Continuing License, educators are required to participate in professional development activities totaling a minimum of ninety (90) clock hour every five (5) years and any other professional development or mentoring requirements required. The ninety (90) clock hours must shallbe completed during the five (5) year term of the license. All activities must shall relate to the 14 .............. §1597, Delaware Professional Teaching or 14 ..............§1590, Delaware Administrator Standards, or appropriate specialty organization standards or appropriate specialty organization standards. ................................................ .............................................. ................................................ .............................................................................................................................................. Candidates for renewal of a Continuing License may select from a variety of professional development options, as set forth in the relicensure options approved by the Professional Standards Board, set forth in Section 5.1 14 and in Section 15 and contained in the Guidelines for Issuance and Renewal of a Continuing License. The activities selected must be beyond the normal or specified requirements of the position. Professional development activities which fulfill the criteria for relicensure for which educators receive compensation may be submitted in fulfillment of the ninety (90) clock hour requirement for relicensure. Graduate credits used to satisfy the ninety (90) clock hour requirement for license renewal may, if part of a matriculated program, also be used for a salary increment on the state salary schedule, if they meet the requirements set forth in 14 ..............................15052. The activities or options used to satisfy the ninety (90) clock hour requirement for license renewal may be part of an approved professional development cluster eligible for a salary supplement. ................................................ .............................................. ................................................ ........................................................................................................................ 8.1The Department may extend a Continuing License for a period not to exceed one (1) year, upon the educator showing exigent circumstances warranting the necessity of such extension. 8.1.1The expiration of an educator's License before the end of the school year shall be considered an exigent circumstance; however the educator's License may only be extended to the end of that current school year. 8.1.2An educator shall establish exigent circumstances to the satisfaction of the Department by showing circumstances in a written request to the Department with any necessary documentation. 8.1.3Notwithstanding any extension, the effective date of any renewed License shall be the original expiration date. .............................................. ................................................ ...................................... 9.1An educator may take an authorized leave of absence of up to three years with no effect upon the validity or expiration of the Continuing License. 9.1.1Upon application by the educator to the Department on a Department approved form, the educator's Continuing License may be extended for up to three (3) years for the time period of an authorized leave of absence. 9.1.2The Department may require that the educator use a Department approved form. 9.1.3The Department may require that the educator provide documentation sufficient to establish the authorized leave of absence. 9.1.4An educator's Continuing License shall not be automatically extended under this section and the burden is on the educator to make proper application to the Department and to establish the authorized leave of absence. .............................................. .............................................................................................................................. 10.1An applicant shall disclose his or her criminal conviction history upon application for a Continuing License, or within ninety (90) days prior to the expiratin of a Continuing License if the applicant requests the renewal of their Continuing License, or upon application of renewal of an expired Continuing License. Failure to disclose a criminal conviction history is grounds for denial or revocation of a Continuing License as specified in 14 ..............§1219. 10.2The Department shall not act on an application for licensure if the applicant is under official investigation by any state or local authority with the power to issue educator licenses or certifications, where the alleged conduct involves allegations of immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty or falsification of credentials, until the applicant provides evidence of the investigation's resolution. 10.2.1The Department shall send notice of the inability to process the application. 10.2.2The applicant shall be responsible for maintaining current contact information with the Department. .............................................. ................................................ This regulation shall apply to all requests for Continuing License, issuance and renewal, except as specifically addressed herein. Educators holding a Professional Status Certificate or a Standard Certificate expiring on June 30, 2001 shall have until June 30, 2007 to meet the new Continuing License renewal standards. All administrators in instructional areas issued a Continuing License as of July 1, 2001, shall have until June 30, 2007 to meet the new Continuing License renewal standards. Educators holding a Professional Status Certificate or a Standard Certificate expiring July 1, 2001 or thereafter shall be required to satisfy the new Continuing License renewal standards as set forth herein. 11.1Effective February 11, 2010, as educators receive either their original Continuing License or as they renew their Continuing License, only the Options listed in Section 15 shall be valid. .............................................. ................................................ .................................................. A license holder whose license expires during the school year may have the Continuing License extended until the last day of the school year. This extension shall be considered an exigent circumstance and shall not exceed one (1) year in length. .................................................................................................................................................................. 12.1Failure of an educator to meet the requirements of the Continuing License after issuance shall result in the suspension of the educator's Continuing License. 12.2Notice of Action 12.2.1The Secretary or his or her designee shall not take action against a person to suspend their Continuing License without providing the person with written notice of the suspension and the reasons therefore and with an opportunity for a full and fair hearing before the Standards Board. 12.2.2Notice shall be sent to the person's last known address. Notice shall be sent by certified mail, with return receipt requested and may also be sent electronically. 12.2.3The license holder shall have thirty (30) calendar days from the date the notice of the suspension was mailed to make a written request for a hearing. 12.2.4If no written request for a hearing is received by the Standards Board within thirty (30) calendar days from the date the notification was mailed, the license holder's license shall be deemed to be suspended and the holder shall be so notified. 12.2.5Notice of the suspension shall be made by the Secretary, or his or her designee, to the educator's employer. 12.2.6All communications between a license holder and the Department or Standards Board provided for in this Section shall be by certified mail, with a return receipt requested. Additional notice may also be sent electronically. 12.3 Standards Board Hearings and Procedures 12.3.1In any hearing before the Standards Board to challenge action taken under this regulation, the Standards Board shall have the power to administer oaths, order the taking of depositions, issue subpoenas and compel attendance of witnesses and the production of books, accounts, papers, records, documents and testimony. 12.3.2Unless otherwise provided for in this Section, the burden of proof in a license suspension action shall be on the agency taking official action to establish by preponderance of the evidence that the license holder has failed to comply with the applicable laws and regulations relating to the retention of the license. 12.3.3Hearings shall be conducted in accordance with the Standard Board's Hearing Procedures and Rules. ............................................ ................................................ .................................................................. The Secretary of Education may, upon the written request of the superintendent of a local school district or charter school administrator or other employing authority, review credentials submitted in application for a Continuing License on an individual basis and grant a Continuing License to an applicant who otherwise does not meet the requirements for a Continuing License, but whose effectiveness is documented by the local school district or charter school administrator or other employing authority. ............................................ ............................................ ............................................................ Options for Relicensure 14.1Options listed in this Section shall be valid for educators holding a Continuing License whose expiration date does not exceed February 10, 2015. 14.2Educators holding a Continuing License whose expiration date does not exceed February 10, 2015 may also use the Continuing License options listed in Section 15. 14.3Options listed in this Section for the renewal of a Continuing License shall expire on February 10, 2015. 14.4Educators either receiving their original Continuing License after February 11, 2010 or upon renewing their Continuing License on or after February 11, 2010 shall use the options listed in Section 15. ............................................................................ 15.1Options listed in this Section shall be valid for educators holding a Continuing License whose expiration date does not exceed February 10, 2015. 15.2Educators either receiving their original Continuing License after February 11, 2010 or upon renewing their Continuing License on or after February 11, 2010 shall use the options listed in this Section. ................................................................................ ...................................................... Statutory Authority: 31 Delaware Code, Section 512 (31................§512) .................................................... .................................................. ................................................ .................................................. .................................................. .................................................. ...................................................... Statutory Authority: 31 Delaware Code, Section 512 (31................§512) ............................................................................ .......................................................................................... A.TANF - Temporary Assistance for Needy Families, a program established by Title IV-A of the Social Security Act and authorized by Title 31 of the Delaware Code to provide benefits to needy children who are deprived of parental support and care. While on TANF, families are eligible for child care only as long as they are working or participating in a TANF Employment and Training activity (Categories 11 and 12). B.Authorization - Form 618d is the parents/caretakers authority to receive subsidized child care services and is the provider's authority to provide subsidized child care services to eligible parents/caretakers. The authorization informs providers how much care a parent is authorized to receive, what DSS will pay the provider, and what parents/caretakers must pay as part of their fee. C.Caregiver/Provider - The person(s), other than the parent/caretaker, whom DSS approves to provide child care services or the approved place where care is provided. D.Caretaker - The adult responsible for the primary support and guardianship of the child. As used here, this adult is someone other than the child's parent who acts in place of the parent. If a caretaker is unrelated to the child and has not been awarded custody by Family Court or guardianship, the caretaker is referred to the Division of Family Services to make a determination to either approve the non-relative placement or remove the child. E.CCDBG - Child Care and Development Block Grant. 45 CFR Parts 98 and 99 created by the Omnibus Budget Reconciliation Act of 1990 to provide federal funds without State match to: 1.provide child care to low income families, 2.enhance the quality and increase the supply of child care, 3.provide parents the ability to choose their provider, and 4.increase the availability of early childhood programs and before and after school services. F.CFR - Code of Federal Regulations. These are the rules the Federal Government writes to implement federal legislation. Once written and approved, they have the force of law. G.CCMIS - Child Care Management Information System, the name used to describe the Division's payment system for child care. H.Child - A person under the age of 13, or children 13 through 18 years of age if they are physically or mentally incapable of caring for themselves or in need of protective services. I.Child Care Category - The DCIS II Child Care Sub system code for the child care funding source. Case Managers choose category codes based on the parents/caretaker's technical eligibility for service. The codes are: 11 -Participants receiving TANF and not working, but participating in TANF E&T; 12 -Participants receiving TANF and working; 21 -Participants receiving Food Stamps Benefits who are mandatory or voluntary participants in E&T and not receiving TANF; 31 -SSBG, CCDBG, and State funds: Income eligible participants. Participants who receive FS and are not E&T mandatory or voluntary; 41 -A participant who is a qualified alien or U.S. citizen is coded as a category 41 when his or her eligibility allows a non U.S. citizen or nonqualified alien to receive child care services. (Example: One child is a citizen and one is not. The citizen child is a 41.) 51 -A participant is coded category 51 when s/ he is not a U.S. citizen or legal alien but receives Child Care services due to a family member in category 41. J.Child Care Certificate - A form issued to a parent/caretaker which allows a parent/caretaker to choose a child care provider who does not have a contract with DSS. A certificate is not an authorization for child care, but a parent who wishes to select a non-contracted provider of their choice cannot get care unless the provider completes one. K.Child Care Parent Fee - The amount the parent/ caretaker must pay toward the cost of child care. The fee is based on the income of the parent(s) and children, or the child if the child lives with a caretaker, family size and a percentage of the cost of care based on type of care requested. L.Child Care Services - Those activities that assist eligible families in the arrangement of child care for their children. M.Child Care Centers - A place where licensed or license-exempt child care is provided on a regular basis for periods of less than 24 hours a day to 12 or more children, who are unattended by a parent or guardian. N.Child Care Type - Refers to the setting or place where child care is provided. The four types of care are: 1.Center based (under DCIS II Child Care Sub system Site #17 or 18), 2.Group Large Family Home (under DCIS II Child Care Sub system Site #16), 3.Family Home (under DCIS II Child Care Sub system Site #15), and 4.In-Home (under DCIS II Child Care Sub system Site #19). O.DCIS II - Delaware Client Information System, the automated client information system for the Department of Health and Social Services. P.Educational Program - A program of instruction to achieve: 1.a basic literacy level of 8.9; 2.instruction in English as a second language; 3.a GED, Adult Basic Education (ABE), or High School Diploma; 4.completion of approved special training or certificate courses; or 5.a post-secondary degree where the degree is part of an approved DSS Employment and Training program. The above definition excludes the pursuit of a graduate degree or second four-year college degree. A second associates associate's degree may be attained if it leads to a bachelors bachelor’s degree. The completion of a second associate's degree can be authorized only if it has a significant chance of leading to employment. Q.Employment - Either part-time or full time work for which the parent/caretaker receives wages equal to the federal minimum wage or an equivalent. It also includes periods of up to one month three monthsof continued child care services when parents/caretakers lose one job and need to search for another, or when one job ends and another job has yet to start. R.Family Size - The total number of persons whose needs and income are considered together. This will always include the parent(s) (natural, legal, adoptive, step, and unmarried partners with a child in common) and all their dependent children under 18 living in the home. S.Family Child Care Home - A place private residence where licensed care is provided for one to six children who are not related to the caregiver. In some instances, care may be provided in excess of 24 hours if warranted due to the nature of the parents/caretakers work. T.TANF Child Care - The name of the child care program for TANF recipients who work or who are participating in a TANF Employment and Training program. Under the DCIS II Child Care Sub system, this is Category 11 and 12. U.Food Stamp Benefit Employment and Training - The program by which certain unemployed mandatory and/ or voluntary Food Stamp Benefit recipients participate in activities to gain skills or receive training to obtain regular, paid employment. Persons can receive child care if they need care to participate. This is referred to as Food Stamp Benefit Employment & Training (FS E&T). Under the Division's DCIS II Child Care Sub system, this is Category 21. V.In-Home Care - Care provided for a child in the child's own home by either a relative or non-relative, other than the parent/caretaker where such care is exempt from licensing requirements. It also refers to situations where care is provided by a relative in the relative's own home. This care is also exempt from licensing requirements. W.Income - Any type of money payment that is of gain or benefit to a family. Examples of income include wages, social security pensions, public assistance payments, child support, etc. X.Income Eligible - A family is financially eligible to receive child care services based on the family's gross income. It also refers to child care programs under Category 31. AA.Income Limit - The maximum amount of gross income a family can receive to remain financially eligible for child care services. Current income limit is 200 percent of the federal poverty level. AB.Job Training/Training - A program which either establishes or enhances a person's job skills. Such training either leads to employment or allows a person to maintain employment already obtained. Such training includes, but is not limited to: Food Stamp Benefit Employment & Training (FS FB E&T) contracted programs, WIA sponsored training programs, recognized school vocational programs, and on-the-job training programs. AC.Large Family Child Care Home - A place where licensed care is provided for more than six but less than twelve children. A private residence other than the child's residence, where child care services are provided by a caregiver for fewer than 24 hours per day per child. AD.Legal Care - Care which is either licensed or exempt from licensing requirements. AE.Parent - The child's natural mother, natural legal father, adoptive mother or father, or step-parent. AF.Parental Choice - The right of parents/caretakers to choose from a broad range of child care providers, the type and location of child care. AG.Protective Services - The supervision/ placement of a child by the Division of Family Services in order to monitor and prevent situations of abuse or neglect. AH.Physical or Mental Incapacity - A dysfunctional condition which disrupts the child's normal development patterns during which the child cannot function without special care and supervision. Such condition must be verified by either a doctor or other professional with the competence to do so. AI.Reimbursement Rates - The maximum dollar amount the State will pay for child care services. AJ.Relative - Grandparents, aunts, uncles, brothers, sisters, cousins, and any other relative as defined by TANF policy, as they are related to the child. AK.Residing With - Living in the home of the parent or caretaker. AL.SSBG - Social Services Block Grant. Under the DCIS II Child Care Sub system, this is Category 31 child care. AM.Seamless Services - To the extent permitted by applicable laws, a family is able to retain the same provider regardless of the source of funding, and providers are able to provide services to children regardless of the basis for the family's eligibility for assistance or the source of payment. AN.Self-Arranged Care - Child care which either parents or caretakers arrange on their own between themselves and providers. In this instance, the parents/caretakers choose to use a child care certificate, but the provider does not accept the State reimbursement rate for child care services. DSS limits payment for self-arranged care to its regular provider rates. Parents/caretakers, in addition to any parent fee they pay, must also pay the difference between DSS' reimbursement rates and the providers' charge. AO.Self-Initiated - Clients who enter an education or training program on their own. The education or training program must be comparable to a Food Stamp Benefit Employment & Training (FS FB E&T) - TANF education or training component. Self-initiated clients must receive child care services if there is a child care need. AP.Special Needs Child - A child under 19 years of age whose physical, emotional, or developmental needs require special care. Both the need and care must be verified by a doctor or other professional with the competence authority to do so. AQ.Special Needs Parent/Caretaker - An adult, who because of a special need, is unable on his/her own to care for children. The need must be verified by a doctor or other professional with the competenceauthority to do so. AR.Technical Eligibility - Parents/caretakers meet requirements, other than financial, to receive child care services based on need and category. AS.Verification - Written or oral documentation, demonstrating either need for service or sources of income. AT.Purchase of Care Plus (POC+) - Care option that allows providers to charge most DSS clients the difference between the DSS reimbursement rate up to the provider's private fee for service. The provider receives DSS rate, the DSS determined child care parent fee if applicable, and any additional provider-determined co-pay. AU.Work Force Investment Act (WIA) - Federal Legislation that consolidates Employment and Training programs and funding streams. This legislation embodies the One Stop Employment and Training Service system under DOL. ................................................ ................................................ .................................................. .................................................... A.the training was part of a TANF or Food Stamp Benefit Employability Development Plan; and B.there is a reasonable expectation that the training course will lead to a job within a foreseeable time frame (6 to 18 months), such as persons participating in apprenticeship programs, on-the-job training programs, or vocational skill programs. .................................................... A.Parents/caretakers can use this package to select a child care provider of their choice. However, they must select care that is legal. Legal care is care that is licensed or that is exempt from licensing requirements. B.Licensed Care: In Delaware, all family child care homes, group homes, and child care centers must have a license to operate. Do not allow a parent to select an unlicensed family, group, or center child care provider. C.License-exempt Care: The following provider types are exempt from licensing requirements in Delaware: 1.persons who come into the child's own home to care for the parent/caretaker's child, 2.relatives who provide care in their home for the parent/caretaker's child; 3.public or private school care, 4.preschools and kindergarten care, and 5.before and after school care programs. Though the above provider types are exempt from licensing requirements, they are still required to meet certain health and safety standards. These standards are: 1.maintaining documentation of the child's immunization record, 2.safe and clean building premises, 3.providers and those 18 and older who live in the home where care is being provided must not have any record of child abuse or neglect (do not allow persons to provide care where there is a known record of abuse or neglect), and 4.relatives who provide care cannot be part of the welfare grant. D.Once parents/caretakers know the appropriate provider to select, they also need to know how DSS will pay for the care provided. DSS has established rates above which it will not pay (see Appendix II for current reimbursement rates). Parents/caretakers will need to know these rates and whether or not the provider is willing to accept them. If the provider is willing, the certificate will act just like a DSS contract and DSS will pay the provider directly less any child care fee. If the provider is not willing, the parent/caretaker will self- arrange care with the individual provider. If the provider contracted purchase of care slots are full, the provider may offer the parent/caretaker the option of receiving service as a purchase of care plus client. The provider then receives the regular DSS subsidy from the Division, the DSS determined parent fee and any additional fee determined by the provider from the parent/caretaker. If the provider is not willing to accept purchase of care plus, the parent/caretaker will self-arrange care with the individual provider. The parent/caretaker will pay the provider and submit an original receipt to DSS for reimbursement. The parent/caretaker, however, will only receive reimbursement up to the DSS statewide limit. E.The provider will need to complete and return the original copy of the actual child care certificate before Case Managers can authorize care. Relative and non-relative providers will also complete and return the Child Abuse/ Neglect History Clearance Form or forms for all members 18 and older living in the home. If this form is not returned, discontinue care. Other exempt providers will need to keep a completed child/abuse and criminal history declaration statement on file for each child care staff member. F.Service will not be delayed because of an incomplete child abuse clearance check, but remind parents/caretakers that DSS will not pay for care if, after authorization, the check should reveal a history of abuse or neglect. G.Allow parents/caretakers one month to use a certificate. If the certificate is not used within that time, it no longer remains valid and the parents/caretakers will need to obtain a new certificate if they still wish to receive service. H.The original copy of the child care certificate is completed and returned by the provider. The certificate package provides instructions for completion. The provider should keep a copy. I.The client has 60 days from confirmation of eligibility to provide the DSS Case Manager with the name of his/her provider. If the client fails to provide this information his/her case will close. .............................................. ................................................ A.lose employment and who need to search for new employment, B.experience a gap in employment because of a transition between jobs, C.end an education/training program and need to search for employment, or D.experience a break in an education/training program. .................................................................................................... .............. ........................................................................ Statutory Authority: 7 Delaware Code, Chapter 60 (7 ..............Ch. 60) 7 ............................ 1124 ...................................................................................................... ........................................................................ Statutory Authority: 7 Delaware Code, Chapter 60 (7 ..............Ch. 60) 7 ............................ 1125 ........................................................................................ ........................................................................ Statutory Authority: 7 Delaware Code, Chapter 60, (7.............. Ch. 60) 7 ............................ 1138 ........................................................................ Statutory Authority: 7 Delaware Code, Chapter 60 (7 ..............Ch. 60) 7 ............................ 1141 ...................................................................................................................................................................................... .......................................................... 3.1 Applicability. 3.1.1 The provisions of 3.0 of this regulation apply to any person who sells, supplies, offers for sale, or manufactures for sale portable fuel container (or containers) or spout (or spouts) or both portable fuel container (or containers) and spout (or spouts) for use in the State of Delaware; except: 3.1.1.1 Safety cans meeting the requirements of 29 CFR 1926, Subpart F. 3.1.1.2 Portable fuel containers with a nominal capacity less than or equal to one quart. 3.1.1.3 Rapid refueling devices with nominal capacities greater than or equal to four gallons provided such devices are designed for use in officially sanctioned off-highway motorcycle competitions, and either create a leak-proof seal against a stock target fuel tank or are designed to operate in conjunction with a receiver permanently installed on the target fuel tank. 3.1.1.4Portable fuel tanks manufactured specifically to deliver fuel through a hose attached between the portable fuel tank and an outboard engine for the purpose of operating that outboard engine. 3.1.2Compliance with the requirements of 3.0 of this regulation does not exempt any spill-proof system or spill-proof spout from compliance with other applicable Federal or State requirements. 3.1.3 The requirements of 3.0 of this regulation apply on and after January 1, 2003, to any portable fuel container or spout or both portable fuel container and spout manufactured between before January 1, 2003 and December 31, 2008, inclusive, except that any portable fuel container or spout or both portable fuel container and spout manufactured before January 1, 2003 that does not meet the requirements of 3.0 of this regulation, may be sold, supplied, or offered for sale until January 1, 2004, provided that the date of manufacture or a date code, representing the date of manufacture, is clearly displayed on the portable fuel container or spout. Note: Portable fuel containers became regulated under federal regulation 37 FR 8428 effective January 1, 2009. 3.1.4 Any person subject to any requirement of 3.0 of this regulation may comply with an alternative control plan that has been approved by the Department and the U.S. EPA as part of Delaware's State Implementation Plan. 3.2Definitions. For the purpose of 3.0 of this regulation, the following definitions apply: “........” means a hydrocarbon mixture used to power any spark ignition internal combustion engine. “........................” means any person who imports, manufactures, produces, assembles, packages, repackages, or re-labels a portable fuel container or spout or both portable fuel container and spout. “................................” means the volume, indicated by the manufacturer that represents the maximum recommended filling level. “..............................” means a spark-ignition marine engine that, when properly mounted on a marine watercraft in the operating position, houses the engine and drive unit external to the hull of the marine watercraft. “....................” means the process by which individual fuel molecules may penetrate the walls and various assembly components of a portable fuel container directly to the outside ambient air. “............” means any individual, public or private corporation, political subdivision, government agency, department or bureau of the State, municipality, industry, co-partnership, association, firm, estate or any legal entity whatsoever. “..............................................” means any container or vessel with a nominal capacity of ten gallons or less that is intended for reuse and that is designed or used primarily for receiving, transporting, storing, and dispensing fuel. “..................................” means any spout that complies with all of the performance standards specified in 3.3.2 of this regulation. “....................................” means any configuration of portable fuel container and firmly attached spout that complies with all of the performance standards in 3.3.1 of this regulation. “..........” means any device that can be firmly attached to a portable fuel container, through which the contents of a portable fuel container can be dispensed. “................................” means any receptacle that receives fuel from a portable fuel container. 3.3 Standards. 3.3.1 No person subject to the requirements of 3.0 of this regulation shall sell, supply, offer for sale, or manufactures for sale portable fuel container (or containers) or spout (or spouts) or both portable fuel container (or containers) and spout (or spouts) for use in the State of Delaware which does not: 3.3.1.1Have an automatic shut-off that stops the fuel flow before the target fuel tank overflows. 3.3.1.2Automatically close and seal when removed from the target fuel tank, and remain completely closed when not dispensing fuel. 3.3.1.3Have only one opening for both filling and pouring. 3.3.1.4Provide a fuel flow rate and fill level of: 3.3.1.4.1 not less than one-half gallon per minute for portable fuel containers with a nominal capacity of: 3.3.1.4.1.1 less than or equal to 1.5 gallons and fills to a level less than or equal to one inch below the top of the target fuel tank opening; or 3.3.1.4.1.2greater than 1.5 gallons but less than or equal to 2.5 gallons and fills to a level less than or equal to one inch below the top of the target fuel tank opening if the spill- proof system clearly displays the phrase "Low Flow Rate" in type of 34 point or greater on each spill-proof system or label affixed thereto, and on the accompanying package, if any; or 3.3.1.4.2 not less than one gallon per minute for portable fuel containers with a nominal capacity greater than 1.5 gallons but less than or equal to 2.5 gallons and fills to a level less than or equal to 1.25 inches below the top of the target fuel tank opening; or, 3.3.1.4.3 not less than two gallons per minute for portable fuel containers with a nominal capacity greater than 2.5 gallons. 3.3.1.5 Meet a permeation rate of 0.4 grams per gallon per day or less. 3.3.1.6Have a warranty from the manufacturer for a period of not less than one year against defects in materials and workmanship. 3.3.2No person subject to the requirements of 3.0 of this regulation shall sell, supply, offer for sale, or manufacture for sale any spout for use in the State of Delaware, which does not: 3.3.2.1 Have an automatic shut-off that stops the fuel flow before the target fuel tank overflows. 3.3.2.2Automatically close and seal when removed from the target fuel tank, and remain completely closed when not dispensing fuel. 3.3.2.3Provide a fuel flow rate and fill level of: 3.3.2.3.1not less than one-half gallon per minute for portable fuel containers with a nominal capacity of: 3.3.2.3.1.1 less than or equal to 1.5 gallons and fills to a level less than or equal to one inch below the top of the target fuel tank opening; or, 3.3.2.3.1.2 greater than 1.5 gallons but less than or equal to 2.5 gallons and fills to a level less than or equal to one inch below the top of the target fuel tank opening if the spill-proof spout clearly displays the phrase "Low Flow Rate" in type of 34 point or greater on the accompanying package, or for spill-proof spouts sold without packaging, on either the spill-proof spout or a label affixed thereto; or, 3.3.2.3.2 not less than one gallon per minute for portable fuel containers with a nominal capacity greater than 1.5 gallons but less than or equal to 2.5 gallons and fills to a level less than or equal to 1.25 inches below the top of the target fuel tank opening; or, 3.3.2.3.3 not less than two gallons per minute for portable fuel containers with a nominal capacity greater than 2.5 gallons. 3.3.2.4Have a warranty from the manufacturer for a period of not less than one year against defects in materials and workmanship. 3.4 Testing Procedures. Any manufacturer subject to the requirements of 3.3 of this regulation shall perform the following compliance tests in accordance with test methods and procedures stated, or as otherwise approved by the Department and the Administrator of the EPA. Records of compliance testing shall be maintained for as long as the product is available for sale in Delaware, and test results shall be made available to the Department within 60 days of request. 3.4.1The following tests shall be carried out to determine compliance with 3.3.2 of this regulation prior to the product being manufactured for sale in Delaware: 3.4.1.1"Test Method 510, Automatic Shut-Off Test Procedure for Spill-Proof Systems and Spill-Proof Spouts" adopted by California Air Resources Board (CARB) on July 6, 2000. This test method is hereby adopted by reference. 3.4.1.2 "Test Method 511, Automatic Closure Test Procedure for Spill-Proof Systems and Spill-Proof Spouts" adopted by CARB on July 6, 2000. This test method is hereby adopted by reference. 3.4.1.3 "Test Method 512, Determination of Fuel Flow Rate for Spill-Proof Systems and Spill-Proof Spouts" adopted by CARB on July 6, 2000. This test method is hereby adopted by reference. 3.4.2The following tests shall be carried out to determine compliance with 3.3.1 of this regulation prior to the product being manufactured for sale: 3.4.2.1All of the test procedures stated in 3.4.1 of this regulation. 3.4.2.2"Test Method 513, Determination of Permeation Rate for Spill-Proof Systems," adopted by CARB on July 6, 2000. This test method is hereby adopted by reference. 3.5Administrative Requirements. 3.5.1 Any manufacturer subject to the requirements of 3.3.1 of this regulation shall clearly display on each spill-proof system: 3.5.1.1 the phrase "Spill-Proof System"; 3.5.1.2a date of manufacture or representative date code; and 3.5.1.3 a representative code identifying the portable fuel container or portable fuel container and spout as subject to and complying with the requirements of 3.3.1 of this regulation. 3.5.2 Any person subject to the requirements of 3.3.2 of this regulation shall clearly display on the accompanying package, or for spill-proof spouts sold without packaging, on either the spill-proof spout or a label affixed thereto: 3.5.2.1 the phrase "Spill-Proof Spout"; 3.5.2.2 a date of manufacture or representative date code; and 3.5.2.3 a representative code identifying the spout as subject to and complying with the requirements of 3.3.2 of this regulation. 3.5.3 Any manufacturer subject to 3.5.1 or 3.5.2 or both 3.5.1 and 3.5.2 of this regulation shall file an explanation of both the date code and representative code with the Department prior to manufacturing the product for sale in the State of Delaware. 3.5.4 Any person subject to 3.5.1 or 3.5.2 or both 3.5.1 and 3.5.2 of this regulation shall clearly display a fuel flow rate on each spill-proof system or spill-proof spout, or label affixed thereto, and on any accompanying package. 3.5.5 Any person subject to 3.5.2 of this regulation shall clearly display the make, model number, and size of those portable fuel containers the spout is designed to accommodate. 3.5.6 Any person not subject to or not in compliance with 3.3 of this regulation may not display the phrase "Spill-Proof System" or "Spill-Proof Spout" on the portable fuel container or spout, respectively, on any sticker or label affixed thereto, or on any accompanying package. 3.5.7 Any person subject to and complying with 3.3 of this regulation, that due to its design or other features, cannot be used to refuel on-road motor vehicles shall clearly display the phrase "Not Intended For Refueling On-Road Motor Vehicles" in type of 34 point or greater on each of the following: 3.5.7.1For a portable fuel container or portable fuel container and spouts sold together as a spill-proof system, on the system or on a label affixed thereto, and on the accompanying package, if any; and 3.5.7.2 For a spill-proof spout sold separately from a spill-proof system, on either the spill-proof spout, or a label affixed thereto, and on the accompanying package, if any. .................................................. .................................................. .................................................. .................................................. .................................................. ........................................................................ Statutory Authority: 7 Delaware Code, Chapters 60 and 74 (7.............. Ch. 60 & 74) 7 ............................ 1351 1351 Delaware Regulations Governing Underground Storage Tank Systems .......................................................... Statutory Authority: 7 Delaware Code, Section 103 (7 ..............§103) 7 ............................ 3304 .......................................................... (Penalty Section 7..................§1304) 1.0Closed Seasons. 1.1Unless otherwise provided by law or regulation of the Department, there shall be no closed season, size limits or possession limits on any species of fish taken by hook and line in any non- tidal waters of this State. 2.0 Bass. 2.1 Statewide limits. 2.1.1It shall be unlawful for any person to have in possession more than six (6) largemouth and/or smallmouth bass at or between the place where said largemouth and/or smallmouth bass were caught and said person’s personal abode or temporary or transient place of lodging. 2.1.2Unless otherwise authorized in this regulation, it shall be unlawful for any person to possess any largemouth bass that measure less than twelve (12) inches in total length. Any largemouth bass taken which is less than the twelve (12) inches in total length shall be immediately returned to the water with the least possible injury. 2.1.3It shall be unlawful for any person to possess any smallmouth bass measuring from twelve (12) inches to and including (17) inches in total length. Any smallmouth bass taken which is greater than twelve (12) inches and less than seventeen (17) inches shall be immediately returned to the water with the least possible injury. 2.1.4Notwithstanding 2.1.1 of this section, it shall be unlawful for any person to have in possession more than one (1) smallmouth bass measuring more than seventeen (17) inches in total length at or between the place where said smallmouth bass was caught and said person’s personal abode or temporary or transient place of lodging. 2.1.5It shall be lawful for any person to have in possession while fishing up to six (6) smallmouth bass that are less than twelve (12) inches in total length. 2.2 Becks Pond. 2.2. Notwithstanding 2.1.1 of this section, it shall be unlawful for any person to have in possession while fishing on Becks Pond more than two (2) largemouth bass. 2.2.2Notwithstanding 2.1.2 of this section, it shall be unlawful for any person to have in possession while fishing on Becks Pond any largemouth bass less than fifteen (15) inches in total length. Any largemouth bass less than fifteen (15) inches in total length shall be immediately returned to Becks Pond with the least possible injury. 2.3 Andrews Lake. 2.3.1Notwithstanding 2.1.1 of this section, it shall be unlawful for any person to have in possession while fishing on Andrews Lake more than one (1) largemouth bass of the six (6) allowed in possession to be larger than fifteen (15) inches in total length. Largemouth bass measuring less than twelve (12) inches may be taken and possessed within the six (6) allowed in possession while fishing on Andrews Lake. 2.3.2Notwithstanding 2.1.2 of this section, it shall be unlawful for any person to have in possession while fishing on Andrews Lake any largemouth bass measuring from twelve (12) inches to and including fifteen (15) inches in total length. 2.4 Derby Pond and Hearns Pond. 2.4.1 Notwithstanding 2.1 of this section, it shall be unlawful for any person to have in possession while fishing on Derby Pond or Hearns Pond more than one (1) largemouth bass of the six (6) allowed in possession to be larger than eighteen (18) inches. Largemouth bass measuring less than fifteen (15) inches may be taken and retained up to the legal possession limit while fishing on Derby Pond or Hearns Pond. 2.4.2Notwithstanding the provisions of 2.1.2 of this section, it shall be unlawful for any person to have in possession while fishing on Derby Pond or Hearns Pond any largemouth bass measuring from fifteen (15) inches to and including eighteen (18) inches in total length. 2.53Trout. 2.53.1Season. It shall be unlawful for any person to fish for rainbow, brown and/or brook trout in designated trout streams, except between and including the first Saturday of April and the second Saturday of March of each succeeding year. 2.53.2Hours of Fishing. It shall be unlawful for any person to fish for rainbow, brown and/or brook trout in designated trout streams on the opening day of the trout season before 7:30 a.m. ............................ .............. - means Delaware Board of Medical Practice. ...................................................................................................................... - means the credential awarded by the NBRC to individuals who pass the certification examination for entry level respiratory therapy practitioners. .................. - means the Respiratory Care Practice Advisory Council of the Board of Medical Practice. ........................................ - means supervising licensee or supervising physician will be present and immediately available within the treatment area. .......................................... - means whether by direct observation and monitoring, protocols approved by physicians, or orders written or verbally given by physicians. ............ means the National Board for Respiratory Care, Inc. ................................................................ - means initial course of study programs accredited by the Joint Review Committee for Respiratory Therapy Education (JRCRTE) or its successor organizations which have been approved by the Board. ................................................................................ - means the credential awarded by the NBRC to individuals who pass the registry examination for advanced respiratory therapy practitioners. .................................... - means treatment, management, diagnostic testing, control and care of patients with deficiencies and abnormalities associated with the cardiopulmonary system under the direction of a physician. Respiratory care includes inhalation therapy and respiratory therapy under 24................ §1770B(a)(2), Medical Practices Act. .......................................................................... - means an individual who practices respiratory care under 24................§1770B(a)(1) and (7), Medical Practices Act. .......................................................................................................... - means an individual enrolled in an accredited Respiratory Care Program recognized and approved by the Board. ".................................................." - means an individual not otherwise authorized or exempt to provide respiratory care services except as provided in Rule 12.0. .............................................................................................. - means a student respiratory care practitioner who is employed to perform respiratory care under a limited scope of practice established by the Board. ...................................................... 6.1The license or permit of a respiratory care practitioner or student found to have committed unprofessional conduct may be subject to revocation, suspension, or non-renewal. The practitioner or student may be placed on probation subject to reasonable terms and conditions, or reprimanded. 6.2Any licensed respiratory care practitioner found, after notice and hearing, to have engaged in behavior in his or her professional activity which is likely to endanger the public health, safety or welfare or who is unable to render respiratory care services with reasonable skill or safety to patients because of mental illness or mental incompetence, physical illness or excessive use of drugs including alcohol may have his or her license revoked, suspended, not renewed or may be placed on probation. 6.3Unprofessional Conduct Unprofessional conduct includes any act of fraud, deceit, incompetence, negligence, or dishonesty and shall include, without limitation, the following: 6.3.1Performing acts beyond the scope of authorized practice by a respiratory care practitioner to include violations of 24................§1770B or of these regulations. 6.3.2Assuming duties and responsibilities within the practice of respiratory care without adequate preparation or supervision or when competency has not been maintained. 6.3.3Performing new respiratory care techniques and/or procedures without adequate education and practice or without proper supervision. 6.3.4Failing to take appropriate action or follow policies and procedures in the practice situation designed to safeguard the patient from incompetent, unethical or illegal health care practices. 6.3.5Inaccurately recording on, falsifying or altering a patient or agency record. 6.3.6Committing verbal, physical or sexual abuse or harassment of patients or co-employees. 6.3.7Assigning unqualified persons to perform the practice of licensed respiratory care practitioners. 6.3.8Delegating respiratory care responsibilities to unqualified persons. 6.3.9Failing to supervise persons to whom respiratory care responsibilities have been properly delegated. 6.3.10Leaving a patient assignment in circumstances which endangers the patient except in documented emergency situations. 6.3.11Failing to safeguard a patient’s dignity and right to privacy in providing respiratory care services which shall be provided without regard to race, color, creed or status. 6.3.12Violating the confidentiality of information concerning a patient except where disclosure is required by law. 6.3.13Practicing respiratory care when unfit to perform procedures and make decisions when physically, psychologically, or mentally impaired. 6.3.14Diverting drugs, supplies, or property of a patient or agency or attempting to do so. 6.3.15Diverting, possessing, obtaining, supplying or administering prescription drugs to any person, including self, except as directed by a person authorized by law to prescribe drugs or attempting to do so. 6.3.16Providing respiratory care in this state without a currently valid license or permit and without other lawful authority to do so. 6.3.17Allowing another person to use his/her license or temporary permit to provide respiratory care for any purpose. 6.3.18Aiding, abetting and/or assisting an individual to violate or circumvent any law or duly promulgated rule or regulation intended to guide the conduct of a respiratory care practitioner or other health care provider. 6.3.19Resorting to, or aiding in any fraud, misrepresentation or deceit directly or indirectly in connection with acquiring or maintaining a license to practice respiratory care. 6.3.20Failing to report unprofessional conduct by another respiratory care practitioner licensee or permit holder or as specified in 4.1.8. 6.3.21Failing to provide respiratory care to a patient in accordance with the orders of the responsible physician without just cause. 6.3.22Violating a lawful provision of Title 24, Chapter 17. Subchapter VII, or any lawful regulation established thereunder. 6.4Disciplinary Investigations And Hearings 6.4.1Upon receipt of a written complaint against a respiratory care practitioner or upon its own motion, the Council may request the Division of Professional Regulation to investigate the complaint or a charge against a respiratory care practitioner and the process established by 29................§8807shall be followed with respect to any such matter. 6.4.2Where feasible, within sixty (60) days of receiving a complaint from the Attorney General’s Office after an investigation pursuant to 29................§8807(h), the Council shall conduct an evidentiary hearing upon notice to the licensee. Written findings of fact and conclusions of law shall be sent to the Board of Medical Practice along with any recommendation to revoke, to suspend, to refuse to renew a license, to place a licensee on probation, or to otherwise reprimand a licensee found guilty of unprofessional conduct in the licensee’s professional activity which is likely to endanger the public health, safety or welfare, or the inability to render respiratory care services with reasonable skill or safety to patients because of mental illness or mental incompetence, physical illness or excessive use of drugs including alcohol. .............................................. 8.1Contact Hours Required for Renewal 8.1.1The respiratory care practitioner shall be required to complete twenty (20) twenty contact hours of continuing education biennially. and to retain all certificates and other documented evidence of participation in an approved/accredited continuing education program for a period of at least (3) three years. Upon request, such documentation shall be made available to the Council for random audit and verification purposes. All contact hours must be completed at least sixty (60) days prior to the end of the renewal year. At least ten (10) of the required twenty (20) contact hours shall be from traditional programs attended either in person or remotely by the use of telecommunication technology that allows the attendee to interact with and ask questions of the presenter during the presentation. The remaining ten (10) hours may be obtained in non-traditional programs in which the participant learns the material at their own pace and place of choosing and demonstrates their mastery of the course content by examination in order to earn contact hours or by participating in the activities described in rules 8.3.1.8 or 8.3.1.9 below. 8.1.2Proof of continuing education is satisfied with an attestation by the licensee that he or she has satisfied the Requirements of Rule 8.0. 8.1.3Attestation may be completed electronically if the renewal is accomplished online. In the alternative, paper renewal documents that contain the attestation of completion may be submitted. 8.1.3Licensees selected for random audit will be required to supplement the attendance verification pursuant to Rule 8.1.4. 8.1.4The respiratory care practitioner shall retain all certificates and other documented evidence of participation in an approved/accredited continuing education program for a period of at least (3) three years. Upon request, such documentation shall be made available to the Council for random audit and verification purposes. 8.1.25Contact hours shall be prorated for new licensees in accordance with the following schedule: 8.2Exemptions 8.2.1A licensee who because of a physical or mental illness during the license period could not complete the continuing education requirement may apply through the Council to the Board of Medical Practice for a waiver. A waiver would provide for an extension of time or exemption from some or all of the continuing education requirements for one (1) renewal period. Should the illness extend beyond one (1) renewal period, a new request must be submitted. 8.2.2A request for a waiver must be submitted sixty (60) days prior to the license renewal date. 8.3Criteria for Qualification of Continuing Education Program Offerings The following criteria are given to guide respiratory care practitioners in selecting an appropriate activity/program and to guide the provider in planning and implementing continuing education activities/programs. The overriding consideration in determining whether a specific activity/program qualifies as acceptable continuing education shall be that it is a planned program of learning which contributes directly to the professional competence of the respiratory care practitioner. 8.3.1Definition of Contact Hours 8.3.1.1Fifty consecutive minutes of academic course work, correspondence course, or seminar/ workshop shall be equivalent to one (1) contact hour. A fraction of a contact hour may be computed by dividing the minutes of an activity by 50 and expressed as a decimal. 8.3.1.2Recredentialing examination for certified respiratory therapy technician therapist, (CRTT), and registered respiratory therapist, (RRT), shall be equivalent to five (5) contact hours. 8.3.1.3Successful completion of advanced specialty exams administered by the National Board for Respiratory Care, (NBRC), shall be equal to five (5) contact hours for each exam. 8.3.1.4One (1) semester hour shall be equal to fifteen (15) contact hours. 8.3.1.5One (1) quarter hour shall be equal to ten (10) contact hours. 8.3.1.6Two (2) hours (120 minutes) of clinical educational experience shall be equal to one (1) contact hour. 8.3.1.7Fifty (50) consecutive minutes of presentation of lectures, seminars or workshops in respiratory care or health care subjects shall be equivalent to one (1) contact hour. 8.3.1.8Preparing original lectures, seminars, or workshops in respiratory care or health care subjects shall be granted no more than two (2) contact hours for each contact hour of presentation. 8.3.1.9Performing clinical or laboratory research in health care shall be reviewed and may be granted an appropriate number of contact hour(s) at the Council’s discretion. 8.3.2Learner Objectives 8.3.2.1Objectives shall be written and be the basis for determining content, learning experience, teaching methodologies, and evaluation. 8.3.2.2Objectives shall be specific, attainable, measurable, and describe expected outcomes for the learner. 8.3.3Subject Matter Appropriate subject matter for continuing education shall include the following: 8.3.3.1Respiratory care science and practice and other scientific topics related thereto 8.3.3.2Respiratory care education 8.3.3.3Research in respiratory care and health care 8.3.3.4Management, administration and supervision in health care delivery 8.3.3.5Social, economic, political, legal aspects of health care 8.3.3.6Teaching health care and consumer health education 8.3.3.7Professional requirements for a formal respiratory care program or a related field beyond those that were completed for the issuance of the original license 8.3.4Description Subject matter shall be described in outline form and shall include learner objectives, content, time allotment, teaching methods, faculty, and evaluation format. 8.3.5Types of Activities/Programs 8.3.5.1An academic course shall be an activity that is approved and presented by an accredited post- secondary educational institution which carries academic credit. The course may be within the framework of a curriculum that leads to an academic degree in respiratory care beyond that required for the original license, or relevant to respiratory care, or any course that shall be necessary to a respiratory care practitioner’s professional growth and development. 8.3.5.2A correspondence course contains the following elements: 8.3.5.2.1developed by a professional group, such s an education corporation or professional association. 8.3.5.2.2follows a logical sequence. 8.3.5.2.3involves the learner by requiring active response to module materials and provides feedback. 8.3.5.2.4contains a test to indicate progress and to verify completion of module. 8.3.5.2.5supplies a bibliography for continued study. 8.3.5.3A workshop contains the following elements: 8.3.5.3.1developed by a knowledgeable individual or group in the subject matter. 8.3.5.3.2follows a logical sequence. 8.3.5.3.3involves the learner by requiring active response, demonstration and feedback. 8.3.5.3.4requires hands-on experience. 8.3.5.3.5supplies a bibliography for continued study. 8.3.5.4Advanced and specialty examinations offered by the NBRC or other examinations as approved by the Council including: 8.3.5.5Course preparation 8.3.5.6Clinical education experience must be: 8.3.5.6.1Planned and supervised. 8.3.5.6.2Extended beyond the basic level of preparation of the individual who is licensed. 8.3.5.6.3Based on a planned program of study. 8.3.5.6.4Instructed and supervised by individual(s) who possess the appropriate credentials related to the discipline being taught. 8.3.5.6.5Conducted in a clinical setting. 8.4Educational Providers 8.4.1Continuing education contact hours awarded for activities/programs approved by the following are appropriate for fulfilling the continuing education requirements pursuant to these regulations: 8.5Accumulation of Continuing Education 8.5.1When a licensee applies for license renewal, a minimum of twenty (20) contact hours in activities that update skills and knowledge levels in respiratory care theory, practice and science is required. The total of twenty (20) contact hours per renewal period shall include the following categories: ................................................ 8.5.1.1A minimum of 12 contact hours of continuing education required for renewal must be acquired in a field related to the science and practice of respiratory care as set forth in Subsection 8.3.3, Subject Matter, 8.3.3.1, 8.3.3.2, or 8.3.3.3. 8.5.1.2The remaining 8 contact hours of the continuing education required for renewal may be selected from Subsection 8.3.3, Subject Matter. 8.5.2Contact hours, accumulated through preparation for, presentation of, or participation in activities/ programs as defined are limited to application in meeting the required number of contact hours per renewal period as follows: 8.5.2.1Presentation of respiratory care education programs, including preparation time, to a maximum of four contact hours. 8.5.2.2Presentation of a new respiratory care curriculum, including preparation, to a respiratory care education program, to a maximum of four contact hours. 8.5.2.3Preparation and publication of respiratory care theory, practice or science, to a maximum of four contact hours. 8.5.2.4Research projects in health care, respiratory care theory, practice or science, to a maximum of four contact hours. 8.5.2.5Infection control programs from facility or agency to a maximum of one contact hour. 8.5.2.6Academic course work, related to health care or health care administration, to a maximum of four contact hours. 8.6Review/Approval Audit of Continuing Education Contact Hours 8.6.1The Council may review the documentation of any respiratory care practitioner’s continuing education. 8.6.2The Council may determine whether the activity/program documentation submitted meets all criteria for continuing education as specified in these regulations. 8.6.3Any continuing education not meeting all provisions of these rules shall be rejected in part or in whole by the Council. 8.6.4Any incomplete or inaccurate documentation of continuing education may be rejected in part or in whole by the Council. 8.6.5Any continuing education that is rejected must be replaced by acceptable continuing education within a reasonable period of time established by the Council. This continuing education will not be counted towards the next renewal period. 8.6.6Each license not renewed in accordance with this section shall expire, but may within a period of three years thereafter be reinstated upon payment of all fees as set by the Division of Professional Regulation of the State of Delaware. 8.6.7An applicant wishing to reinstate an expired license during the three (3) year period permitted under subsection 8.6.6 shall provide documentation establishing completion of the required 20 hours of continuing education during the two-year period preceding the application for renewal. 8.6.8An applicant whose license has been expired for a period of three (3) or more years and who has been actively engaged in the practice of respiratory care during the period of expiration shall be required to submit an application for reinstatement demonstrating proof of active practice satisfactory to the Council and shall demonstrate proof of completion of 20 hours of continuing education during the two-year period preceding the application. 8.6.9An applicant whose license has been expired for three (3) or more years and who has not been actively engaged in the practice of respiratory care during the period of expiration shall be required to submit an application for reinstatement and shall be required to give evidence of satisfactory completion of an approved respiratory care examination within two (2) years prior to the application for reinstatement before licensure will be granted. In addition the applicant shall demonstrate completion of 20 hours of continuing education during the two-year period preceding the application. 8.6.1Audit. Each biennium, the Division of Professional Regulation shall randomly select from the list of renewed licensees a percentage of licensees, determined by the Council, to be audited. The Council may also audit based on complaints or charges against an individual license, relative to compliance with continuing education requirements or based on a finding of past non-compliance during prior audits. 8.6.2Documentation. When a licensee is selected for audit, the licensee shall be required to submit documentation showing detailed accounting of the various CEU's claimed by the licensee. Licensees selected for random audit are required to supplement the attestation with supporting materials which may include a syllabus, agenda, itinerary or brochure published by the sponsor of the activity and a document showing proof of attendance (i.e., certificate, a signed letter from the sponsor attesting to attendance, report of passing test score).The Council shall attempt to verify the CEUs shown on the documentation provided by the licensee. Upon completion of the review, the Council decide whether the licensee's CEU's meet the requirements of these rules and regulations. 8.6.2.1Any continuing education not meeting all provisions of these rules shall be rejected in part or in whole by the Council 8.6.2.2Any incomplete or inaccurate documentation of continuing education may be rejected in part or in whole by the Council. 8.6.2.3Any continuing education that is rejected must be replaced by acceptable continuing education within a reasonable period of time established by the Council. This continuing education will not be counted towards the next renewal period. 8.6.3Council Review and Hearing Process. The Council shall review all documentation requested of any licensee shown on the audit list. If the Council determines the licensee has met the requirements, the licensee's license shall remain in effect. If the Council initially determines the licensee has not met the requirements, the licensee shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. This hearing will be conducted to determine if there are any extenuating circumstances justifying the apparent noncompliance with these requirements. Unjustified noncompliance of these regulations shall be considered unprofessional conduct in the practice of respiratory care pursuant to Rule 6.3. 8.6.4Sanctions for Unjustified Noncompliance. The minimum penalty for the first finding of unjustified noncompliance shall be a letter of reprimand and a $250.00 monetary penalty; however, the Council may recommend to the Board imposing any of the additional penalties specified in 24 ..............§1777(e). The minimum penalty for the second finding of unjustified noncompliance shall be a thirty (30) day license suspension; however, the Council may recommend to the Board imposing any of the additional penalties specified in 24 ............ §1777(e). 8.6.5Requests for Extension- Extenuating Circumstances. A licensee applying for renewal may request an extension and be given up to an additional twelve (12) months to make up all outstanding required CEUs providing he/she can show good cause why he/she was unable to comply with such requirements at the same time he/she applies for renewal. The licensee must state the reason for such extension along with whatever documentation he/she feels is relevant. The Council shall consider requests such as extensive travel outside the United States, military service, extended illness of the licensee or his/her immediate family, or a death in the immediate family of the licensee. The written request for extension must accompany the renewal application. The Council shall issue an extension when it determines that one or more of these criteria have been met or if circumstances beyond the control of the licensee have rendered it impossible for the licensee to obtain the required CEU's. A licensee who has successfully applied for an extension under this paragraph shall make up all outstanding hours of continuing education within the extension period approved by the Council. Make-up credits may not be used in the next renewal period. 8.6.6Appeal. Any licensee sanctioned pursuant to these rules and regulations may contest such ruling by filing an appeal of the Board's final order pursuant to the Administrative Procedures Act. .............................................. .............................................. .............................................. .................................................. .......................................... 9.1To renew a license to practice respiratory care, a licensee must complete a renewal form provided by the Division of Professional Regulation certifying completion of continuing education. 9.2Renewal notices will be mailed by the Division of Professional Regulation sixty (60) days prior to the expiration of the license. ................................................................ 109.1Application 109.1.1An application for a license to practice respiratory care must be completed on a form provided by the Board of Medical Practice and returned to the Board Office with the required, non-refundable fee. 109.2Completed Application 109.2.1An application for a license to practice respiratory care shall be considered completed when the Board has received the following documentation: 109.2.1.1Non-refundable application fee 109.2.1.2Completed application for licensure 109.2.1.3Verification of education form 109.2.1.4Verification of national examination score. Individuals who have not been licensed in any jurisdiction within three (3) years of initially passing the NBRC entry level examination will be required to re-take the NBRC examination and provide proof of a current passing score before a license will be issued. 109.2.1.5Letter(s) of good standing from other states where the applicant may hold a license, if applicable. 109.2.1.6Any other information requested in the application. 109.3Appeals Process 109.3.1When the Council determines that an applicant does not meet the qualifications for licensure as prescribed under 24................§1770B and the Rules and Regulations governing the practice of respiratory care, the Council shall make such recommendation to the Board proposing to deny the application. The Council shall notify the applicant of its intended action and reasons thereof. The Council shall inform the applicant of an appeals process prescribed under 29................§10131. .................................................. .............................................. 10.1Each license shall be renewed biennially. The failure of the Council/Board to notify a licensee of his/her expiration date and subsequent renewals does not, in any way, relieve the licensee of the requirement to renew his/her certificate pursuant to the Council’s regulations and 24 ............ Ch. 17. 10.2Renewal may be effected by: 10.2.1filing a renewal application online at www.dpr.delaware.gov; 10.2.2attesting on the renewal application to the completing of continuing education as required by Rule 8.0; 10.2.3payment of fees as determined by the Division of Professional Regulation. 10.3Failure of a licensee to renew his/her license shall cause his/her license to expire. 10.3.1A license which has expired may, within a period of three years thereafter, be reinstated upon payment of all fees as set by the Division of Professional Regulation of the State of Delaware and by the applicant providing documentation establishing that he/she has completed 20 hours of continuing education during the two-year period preceding the application for reinstatement. 10.3.2An applicant whose license has been expired for a period of three (3) or more years and who has been actively engaged in the practice of respiratory care during the period of expiration in another jurisdiction shall be required to submit an application for reinstatement demonstrating proof of active practice satisfactory to the Council and shall demonstrate proof of completion of 20 hours of continuing education during the two-year period preceding the application. 10.3.3An applicant whose license has been expired for three (3) or more years and who has not been actively engaged in the practice of respiratory care during the period of expiration shall be required to submit an application for reinstatement and shall be required to give evidence of satisfactory completion of an approved respiratory care examination within two (2) years prior to the application for reinstatement before licensure will be granted. In addition the applicant shall demonstrate completion of 20 hours of continuing education during the two-year period preceding the application. .............................................................................. 12.1Unlicensed personnel (UP) working for a home medical equipment company may only perform the following indirect respiratory care related services in the home setting or for the purposes of patient transfer to the home setting: 12.1.1Deliver durable medical equipment to patients including, but not limited to, ventilators and C-PAP/ Bi-PAP devices; and 12.1.2Assemble equipment and instruct in the safety and care of the equipment including C-PAP/Bi-PAP for sleep apnea. 12.2The UP shall not: 12.2.1Perform any clinical assessments including, but not limited to, pulse oximetry; 12.2.2Instruct in the use of the equipment delivered; or 12.2.3Have any clinical patient contact including touching the patient or placing any device upon the patient while engaged in the set up and instruction of the equipment. 12.3Any UP found to have violated the provisions of this section shall be prosecuted for the unlicensed practice of respiratory care. ...................................................................... Statutory Authority: 24 Delaware Code, Section 1806 (24 ............ 1806) 24 ..............................1800 .................................................................................................................................................................................... ............................................ 1.1Election of Officers. The Board will elect a President, Vice-President, and Secretary annually in May. In the event of a resignation, termination or departure of one of the officers, a replacement shall be elected at the next Board meeting or at a meeting called for that purpose. 1.2Definitions - Words and terms defined in Title 24, Section 1802 of the............................ are applicable to these regulations. The following additional words and terms, when used within these regulations, shall have the following meaning, unless the context clearly indicates otherwise: ............................................................ means a certified statement of the applicant's disciplinary and complaint record as a license holder in another jurisdiction, which is sent directly from the other jurisdiction to the Board. ............................................ means the Division of Professional Regulation has received the application form, all supporting documents (including verifications of disciplinary record), and all required fees. "...................................." for purposes of supervision means any employee working a minimum of thirty hours per week, averaged over a period of one year, who regularly receives compensation from the entity providing services and receives a W-2 form annually from the entity providing services. ................................................ .................................................................................................................................................................................. .................................................................................................................................................................................... ...................................................................... Statutory Authority: 24 Delaware Code, Section 3706(a)(1) (24 ............ §3706(a)(1)) 24 ..............................3700 ............................................................................................................................................................................................ .................... 1.1Applications and other forms may be obtained from and be returned to the Division of Professional Regulation (Division). Please address correspondence to the Board: ATTN: SLP-AUD-HAD and mail to 861 Silver Lake Blvd., Ste. 203, Dover, DE 19904-2467. Information and forms are also available on the Division’s web site dpr.delaware.gov. 1.2Fees required by statute shall be made payable to: “State of Delaware” and remitted to the Division. No license shall be issued until all required fees are paid. 1.3The Administrative Specialist assigned to the Board by the Division performs support functions and serves as the contact person for the Board. .............................................. .................................................. ........................................................................................................................................................ 2.1Education 2.1.1To be eligible for a license as a Speech/Language Pathologist or Audiologist, the applicant must submit verification by an official transcript of completion of at least a master's degree or its equivalent, from an accredited college or university with major emphasis in speech/language pathology, audiology, communication disorders or speech/language and hearing science. 2.1.2To be eligible for a license as an Audiologist, the applicant must submit verification by an official transcript of completion of a doctoral degree from an accredited college or university. 2.2Clinical Practicum for Speech/Language Pathologists 2.2.1The Speech/Language Pathology and Audiology applicant must have completed a minimum of 375 400 clock hours of supervised clinical practicum with major emphasis in the professional area for which the license is being sought. Clinical observation may qualify for up to 25 of the hours in the supervised clinical practicum. 2.2.2A minimum of 250 clock hours in the area of specialty of the supervised clinical practicum must have been obtained at the graduate level. 2.3Clinical Fellowship Year (CFY) for Speech/Language Pathologists 2.3.1The Speech/Language Pathology or Audiology applicant must have the equivalent of nine (9) months of full-time or eighteen (18) months of part time (defined as 15-20 hours per week) supervised * CFY supervision in the major professional area in which the license is being sought. The CFY must start after completion of the academic and clinical practicum requirements. * Supervision is defined as direct observation consisting of 36 supervisory activities, including 18 one hour on-site observations and 18 other monitoring activities. (From Appendix E of Clinical Fellowship Year standards adopted by the American Speech-Language-Hearing Association(ASHA) in 1985 and revised in 2009, which can be found at www.asha.org.) 2.4National Examination 2.4.1The Speech/Language Pathology and Audiology applicant must have completed and passed the national examination approved by the Division of Professional Regulation for the area of specialty with at least the minimum nationally recommended score. Scores must be sent directly from the testing service to the Division of Professional Regulation. 2.4.2A Speech/Language Pathology or Audiology applicant with a temporary license is permitted to complete the appropriate national examination during the period of the temporary license. 2.4.3Anyone who fails two examinations may not be reexamined for a period of one year following the second failure. Prior to reexamination after a second failure, an applicant must submit proof of additional course work and/or clinical experience. 2.5Application Process-Temporary Licensure 2.5.1An applicant must complete a notarized application for temporary licensure. Items which must be provided to the Division of Professional Regulation include: 2.5.1.1Official Transcript(s); 2.5.1.2Payment of appropriate fees. 2.5.1.3In addition, Speech/Language Pathologist applicants must also provide: 2.5.1.23.1Documents verifying the appropriate number and level of supervised clinical practicum hours; 2.5.1.33.2A CFY plan on a form approved by the Board, signed by the licensed professional who will provide the supervision; 2.5.1.4payment of appropriate fees. 2.5.2A temporary license is valid for one year from the date of issuance and may be renewed for one year in extenuating circumstances upon application to the Board. The licensee shall take the examination at least once prior to submitting a request for renewal of the temporary license. Requests for Board consideration of a renewal shall be made in writing and sent to the Division of Professional Regulation 60 days prior to expiration. 2.6Application Process -Permanent Licensure 2.6.1Speech/Language Pathology and Audiology applicants must complete the application on a form approved by the Board and submit the appropriate fee. 2.6.2An applicant who has ASHA Certification must comply with Section 2.6.1 and submit a copy of current ASHA certification. 2.6.3An applicant who is currently licensed in another state, the District of Columbia, or territory of the United States whose standards for licensure are substantially similar to those of this state, must comply with Section 2.6.1 and submit verification of licensure in good standing from all jurisdictions where he or she is or has been licensed 24 ..............§3710. Applicants for reciprocal licensure from states not substantially similar to this state shall provide proof of practice for a minimum of five years after licensure in addition to meeting the other qualifications in 24................ §3710. Verification of practice should shall be by notarized letter from the employer(s). 2.6.4An Speech/Language Pathologist applicant who has completed the supervised CFY in Delaware and has a current temporary license, must submit the following documentation to the Division of Professional Regulation 30 days prior to expiration of the temporary license: 2.6.4.1proof of completion of the CFY, 2.6.4.2national examination score unless previously provided, and 2.6.4.3licensure fee. .................................................... ........................................................................................................ 3.1Delaware-licensed Audiologists are authorized to dispense hearing aids, pursuant to 24 .............. §3702(9), and are not required to obtain a separate Hearing Aid Dispensing license. All other applicants shall meet the following requirements: 3.12Original Licensure 3.12.1Education: Applicants must have earned a high school diploma or its equivalent. 3.12.2Training: [Note: Licensed audiologists are exempt from this requirement as indicated in the synopsis of SB 183 as passed by the 143rd General Assembly and signed into law by the Governor on July 6, 2006. Licensed audiologists need only request permission to take the exam from the Board in writing.] 3.12.2.1Applicants shall complete six (6) months of training. The Board will not authorize applicants to take the exam until the training is complete. 3.12.2.2Training shall be completed under the direct supervision of a Delaware-licensed Hearing Aid Dispenser or Delaware-licensed Audiologist. “....................................” means direct, on-site observations of the applicant by the supervisor. Applicants shall be under direct supervision for 100% of the time during the first two (2) months, 50% of the time during the subsequent two (2) months, and 25% of the time during the final two (2) months of the training period. 3.12.2.3Applicants shall hold a valid, active temporary license during the training period; tTraining conducted while the applicant is without a valid, active temporary license will not count toward fulfillment of the six-month training requirement. 3.2.2.4Upon completion of the training period, temporary Hearing Aid Dispensing licensees must submit verification of completion of the training period on a Board-approved form, which shall include the notarized signature of the Delaware-licensed sponsor stating that the training was completed under his or her direct supervision in accordance with Regulation 3.2.2.2. Upon receipt and approval of the training verification, the Board will authorize the applicant to take the examination. 3.12.3National Examination 3.12.3.1Applicants for full Hearing Aid Dispensing licensure must have completed and passed the national examination approved by the Division, in accordance with scores as recommended by the national testing service, National Institute for Hearing Instruments Studies (NIHIS), or its successor. Upon confirmation from the testing service that an applicant has passed the exam, the Board will issue a full Hearing Aid Dispensing license to the applicant. 3.12.3.2Applicants who fails two (2) examinations may not be reexamined for a period of one (1) year following the second failure. After a second exam failure, an applicant must complete an additional training period pursuant to rRegulation 3.12.2 et seq before the Board will grant authorization to retake the exam. 3.3Temporary Licensure 3.1.2.33.1To obtain a temporary license, applicants must complete the Board-approved licensure application and submit: 3.1.2.33.1.1verification of a high school diploma or its equivalent, 3.1.2.33.1.2payment of the appropriate fees, and 3.1.2.33.1.3a plan for completing the six (6) month training period, which shall include the notarized signature of a Delaware-licensed sponsor stating a willingness to provide direct supervision and training. 3.1.2.33.2A temporary license is valid for one (1) year from the date of issuance and may be renewed once for an additional one-year period in extenuating circumstances upon approval by the Board. Requests for Board consideration of a renewal shall be made in writing and sent to the Division at least 60 days prior to expiration. 3.23Reciprocal Licensure 3.2.1Applicants currently licensed in a jurisdiction whose standards for licensure are substantially similar to those of this state shall submit verification of licensure in good standing from all jurisdictions where they are and have been licensed. 3.2.2Applicants currently licensed in another jurisdiction, but not in a jurisdiction whose standards for licensure are substantially similar to those of this state, shall provide proof of practice in their current licensing jurisdiction for at least five (5) years after licensure. Proof of practice shall be by notarized letter from employers. Applicants under this subsection shall also submit verification of licensure in good standing from all jurisdictions where they are and have been licensed. 3.2.3Upon completion of the training period, temporary Hearing Aid Dispensing licensees must submit verification of completion of the training period on a Board-approved form, which shall include the notarized signature of the Delaware-licensed sponsor stating that the training was completed under their direct supervision in accordance with regulation 3.1. Upon receipt and approval of training verification, the Board will authorize the applicant to take the exam. An applicant who is currently licensed in another state, the District of Columbia, or territory of the United States, whose standards for licensure are substantially similar to those of this state, must comply with 24 ............ §3710. Applicants for reciprocal licensure from states not substantially similar to this state shall provide proof of practice for a minimum of five years after licensure in addition to meeting the other qualifications in 24.............. §3710. Verification of practice shall be by notarized letter from the employer(s). .................................................. .............................................................................. 4.1Expired Licenses 4.1.1A holder of an expired license may renew the license within one year of the date the renewal was due by fulfilling all of the renewal requirements and paying the late fee established by the Divisionof Professional Regulation. 4.2Inactive Status 4.2.1A licensee may apply to the Board for inactive status for up to five years. The license may be reactivated upon application on a form approved by the Board and proof of 20 CE’s CEscompleted within the preceding 24 months (30 CE’s for a triple license) as required by Section Regulation 8.2.3, and paying payment of the fee established by the Division of Professional Regulation. ...................................................................................................... 6.1Education 6.1.1A Speech/Language Pathology Aide must have a minimum of a high school diploma or its equivalent. 6.2Direct Supervision 6.2.1A Speech/Language Pathology Aide assists a licensed Speech/Language Pathologist in professional activities with direct supervision of the Speech/Language Pathologist. Direct supervision requires the presence of the supervising Speech/Language Pathologist at all times where an aide is assisting with testing, and/or treatment. 6.3Duties of the Speech/Language Pathology Aide 6.3.1Duties of the Speech/Language Pathology Aide must be specified by the supervising Speech/ Language Pathologist and may include the following: 6.3.1.1Assisting with testing or treatment. 6.3.1.2Clerical support. 6.3.1.3Client escort. 6.3.1.4Preparation of therapeutic materials 6.3.1.5Equipment maintenance. 6.3.1.6Participation with the professional in research projects, in service training, or similar endeavors. 6.3.1.7Other duties as may be appropriately determined with training from and direct supervision of the Delaware licensed Speech/Language Pathologist. (Break in Continuity of Sections) ...................................................................................... 8.1Philosophy 8.1.1Continuing education is required by the Board to maintain professional licensure in the fields of Speech/Language Pathology, Audiology and Hearing Aid Dispensing. Continuing education requirements arise from an awareness that these fields are in a continual state of transition due to the introduction of new philosophies and the refinement of already existing knowledge. Speech/ Language Pathologists, Audiologists and Hearing Aid Dispensers should continually strive to update their clinical skills in an effort to deliver high quality services. 8.1.2The Board is keenly aware of existing educational opportunities in Delaware and neighboring states and has established regulations which will provide continuing education credit as effortlessly as possible while assuring quality instruction. Credit will be given for participation in a variety of activities that increase knowledge and enhance professional growth. 8.1.3These regulations recognize the financial and time limitations of Delaware's professionals while assuring continued appropriate services to those individuals who require them. 8.2Continuing Education Criteria 8.2.1One continuing education contact hour (CE) is defined as 60 minutes of attendance/participation in an approved continuing education activity unless otherwise stated.(Therefore, credits and continuing education units (CEUs) issued by various organizations must be translated. e.g., 1.0 ASHA CEU = 10 CEs) 8.2.2The required number of CEs varies with the date of issuance of license, certification and/or professional status. Effective as of the license renewal period beginning August 1, 2009, licensees must meet the following CE requirements: 8.2.2.1New License: There is no CE requirement for a license issued for less than one year. If a license would cover more than one year, but less than 2 years, the licensee is required to obtain 15 CEs or one-half of the required total hours. 8.2.2.2Single License: Individuals with a license in only one (1) area of specialty must obtain a minimum of 30 CEs each two-year license renewal period. 8.2.2.3Dual License: Individuals with licenses in two (2) areas of specialty must obtain a minimum of 30 CEs during each two-year license renewal period, with 15 CEs obtained in each specialty area. One course may be split between specialty areas to fulfill multiple CErequirements. Content must be shown to be relevant to those areas. 8.2.2.4Triple License: Individuals with licenses in three (3) areas of specialty must obtain a minimum of 45 CEs during each two-year license renewal period, with 15 CEs obtained in each specialty area. One course may be split between specialty areas to fulfill multiple CErequirements. Content must be shown to be relevant to those areas. 8.2.2.54Temporary License: All CE requirements will be waived for temporary licensees; however, individuals are encouraged to participate in continuing education activities during their CFY period. 8.2.2.65Hardship. An applicant for license renewal may be granted an extension of time in which to complete CE hours or a total or partial waiver of CE requirements upon a showing of hardship. Hardship may include, but is not limited to, disability, illness, extended absence from the country and exceptional family responsibilities. No extension of time or waiver shall be granted unless the licensee submits a written request to the Board prior to the expiration of the license. 8.2.3CE courses must focus on the enhancement of clinical skills and professional growth as defined below. 8.2.3.1Clinical Skills: conferences, workshops, courses, etc., that expand a licensee’s scope of practice by enhancing skills in the areas of prevention, assessment, diagnosis, and treatment of the client (minimum of 20 CEs per licensure renewal period). 8.2.3.2Professional Growth: conferences, workshops, courses, etc., that may not directly impact on clinical services to the population being served but are of interest to the licensee and will allow the licensee the opportunity to stay abreast of current trends in the profession or related fields of interest (maximum of 10 CEs per licensure renewal period). 8.2.4All CE activities must be approved by the Board. A licensee or CE course sponsor may request advance approval from the Board by submitting a completed Board Approval form. Approval may be requested after the conclusion of a course, but there is no guarantee the course will be approved. 8.2.5CE is required for license renewal and shall be completed by July 31 of odd-numbered years. 8.2.5.1Proof of continuing education is satisfied with an attestation by the licensee that he or she has satisfied the requirements of Rule 8.0 8.2.5.2Attestation may be completed online. In the alternative, paper renewal documents that contain the attestation of completion can be submitted. 8.2.6Random audits will be performed by the Board to ensure compliance with the CE requirements. The Board will determine the percentage of licensees to be audited. 8.2.6.1The Board will notify licensees within sixty (60) days after July 31 of each biennial renewal period that they have been selected for audit. 8.2.6.2Licensees selected for random audit shall be required to submit verification within ten (10) twenty (20) days of receipt of notification of selection for audit. 8.2.7Verification shall include such information necessary for the Board to assess whether the course or other activity meets the CE requirements in Section 8.0. While course brochures may be used to verify CE hours, they are not considered to be acceptable proof for use of verification of course attendance. Verification must include, but is not limited to, the following information: 8.2.7.1Date of CE course; 8.2.7.2Instructor of CE course; 8.2.7.3Sponsor of CE course; 8.2.7.4Title of CE course; and 8.2.7.5Number of hours of CE course. 8.2.7.6Certificate of completion and/or ASHA or American Academy of Audiology (AAA) continuing education registry documenting course completion. 8.2.8In response to the audit, audiologists and hearing aid dispensers shall submit documentation of calibration of electronic equipment used to assess hearing, as set forth in Rule 7.0. 8.2.9Licensees who are not audited shall retain their CE documentation for three (3) years after renewal. 8.2.10Licensees who renew their license under the late renewal provision shall be audited for CE completion (and equipment calibration, if applicable). These licensees shall submit documents that evidence satisfactory completion of their CE requirements (and annual equipment calibration pursuant to regulation 7.0, if applicable) for the prior licensure period. 8.2.11The Board shall review all documentation submitted by licensees pursuant to the CE audit. If the Board determines that the licensee has met the CE requirements, his or her license shall remain in effect. If the Board determines that the licensee has not met the CE requirements, the licensee shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. The hearing will be conducted to determine if there are any extenuating circumstances justifying the noncompliance with the CE requirements. Unjustified noncompliance with the CE requirements set forth in these rules and regulations shall constitute a violation of 24 ............ §3715(a)(7) and the licensee may be subject to one or more of the disciplinary sanctions set forth in 24 ............ §3716. 8.3Acceptable CE Courses/Activities 8.3.1CE activities sponsored by accredited professional organizations, such as ASHA or AAA, are acceptable, provided the topics are relevant to the improvement of the licensee’s clinical skills or professional growth as defined in Rule 8.2.4 8.2.3. Agenda of sessions is required for approval of convention activities. 8.3.2A licensee may receive up to three (3) CEs for training obtained from a colleague who, after attending a professional conference, gives a formal presentation of the information from the conference after developing an agenda and outline. 8.3.3University/College coursework for academic credit in the field of Speech/ Language Pathology, Audiology, or Hearing Aid Dispensing. A course description must be submitted to the Board for approval. (1 undergraduate credit = minimum of 3 CEs; 1 graduate credit = minimum of 5 CEs) 8.3.4Professional presentations. A presentation summary must be submitted to the Board for approval. Credit may be given for a presentation only once during a licensure period. (1 hour of presentation = 3 CEs) 8.3.5Professional publication in related specialty journals. A reprint of the publication must be submitted to the Board for approval. 8.3.6Other continuing education may be approved by the Board with documentation of content. 8.3.7Excluded are any job related duties in the workplace such as staff meetings, CPR, etc. .................................................... .................................................. .................................................... .......................................................................................................................................................................................... 9.1PREAMBLE. The preservation of the highest standards of conduct and integrity is vital to achieving the statutory declaration of objectives in 24................§3701. Adopting a code of ethics by regulation puts licensees on notice of the kinds of activity that violate the level of care and protection to which the clients are entitled. The provisions are not intended to be all-inclusive but rather they should serve as examples of obligations that must be satisfied to maintain minimum standards. 9.2Standards of Professional Conduct 9.2.1A licensee who violates the following Standards of Professional Conduct may be guilty of illegal, negligent, or incompetent practice and disciplined pursuant to 24................§3715(a)(2). 9.2.1.1Licensees shall provide all services competently. Competent service refers to the use of reasonable care and diligence ordinarily employed by similarly licensed individuals. 9.2.1.2Licensees shall use every resource, including referral, to provide quality service. 9.2.1.3Licensees shall maintain reasonable documentation of professional services rendered. 9.2.1.4Licensees shall not evaluate or treat a client with speech, language, or hearing disorders solely by correspondence. Correspondence includes telecommunication. 9.2.1.5Licensees shall delegate responsibility only to qualified individuals as permitted by law with appropriate supervision. 9.2.1.6Licensees who have evidence that a practitioner has violated the Code of Ethics or other law or regulation shall present that information by complaint to the Division of Professional Regulation for investigation. 9.3Standards of Professional Integrity. 9.3.1A licensee who violates the following Standards of Professional Integrity may be guilty of consumer fraud, deception, restraint of competition, or price-fixing and disciplined pursuant to 24 ..............§3715(a)(6). 9.3.1.1Licensees shall not charge for services not rendered nor misrepresent the services or products dispensed. 9.3.1.2Licensees shall inform clients of the nature and possible effects of services. Care must be taken to speak to a client in lay terms that he or she can understand. 9.3.1.3Licensees may use clients in research or as subjects of teaching demonstrations only with their informed consent. An informed consent must be explained and written in lay terms. 9.3.1.4Licensees shall inform clients in any matter where there is or may be a conflict of interest. Conflicts of interest may be found when a client is steered to a particular provider by one with an expectation of financial gain (kickbacks) or a provider is involved in double dipping by providing services in a private practice that he or she is obligated to provide though public employment (double-dipping). 9.3.1.5Licensees shall make no guarantees of the results of any product or procedure but may make a reasonable statement of prognosis. 9.3.1.6Licensees shall provide services or dispense products only when benefits can reasonably be expected. 9.3.1.7Licensees shall not engage in misrepresentation, dishonesty, fraud, or deceit. Misrepresentation includes statements likely to mislead or an omission of material information. 9.3.1.8Licensees who advertise shall provide information in a truthful manner that is direct and not likely to mislead the public. Any written disclaimer or condition that limits or modifies an offer of services or merchandise must be provided in a clear and conspicuous manner in a type size that is at least one-half the size of the type used in making the offer of services or merchandise. 9.3.2A licensee who violates the following Standards of Professional Integrity may be guilty of misrepresentation, impersonation, or facilitating unlawful practice and disciplined pursuant to 24 ..............§3715(a)(1). 9.3.2.1Licensees shall accurately represent any credentials, education, and experience to the public. 9.3.2.2A licensee who has evidence that an individual is practicing the profession without a license in violation of 24................§3707 has a duty to report that information to the Division of Professional Regulation. 9.4Miscellaneous Professional Standards 9.4.1A licensee who violates the following Professional Standards may be subject to disciplinary action under 24................§3715(a)(7) 9.4.1.1Licensees shall respect the privacy of clients and not reveal, without written authorization, any professional or personal information unless required by law. 9.4.1.2Licensees shall not discriminate on the basis of race, sex, age, religion, national origin, sexual orientation, or disability. 9.4.1.3Licensees shall offer services and products on their merits and should refrain from making disparaging comments about competing practitioners or their services and products. .............................................. .............................................. ...................................................................... Statutory Authority: 24 Delaware Code, Section 4416(b)(1) (24 ............ §4416(b)(1)) 24 ..............................4400 .................................................................................................... .............................................................................. 3.1Each applicant for a manufactured home installer license must provide the Board with the following, or have this information provided from the appropriate source, where indicated: 3.1.1Evidence in a form satisfactory to the Board that the applicant has successfully passed the examination designated by the Board. Evidence shall include confirmation from the Division or other authorized testing agency that the applicant has achieved a passing score on the Board- approved examination. 3.1.2Evidence in a form satisfactory to the Board that the applicant has completed education requirements set forth in Rule 4.0. Evidence shall include a certificate or other acknowledgement of completion of the education requirement that is submitted to the Board by the education provider. This document shall identify the course, the course provider and location, and the date completed. 3.1.3Evidence in a form satisfactory to the Board that the applicant is at least 18 years old. Such evidence includes a certified copy of the applicant's birth certificate, a passport, an identification card issued by the State of Delaware or a driver's license issued by the State of Delaware. 3.1.4Evidence in a form satisfactory to the Board that the applicant, or the applicant’s employer, holds a surety bond or irrevocable letter of credit issued by a federally-insured financial institution in an amount of equal to or greater than $10,000. Evidence shall include an acknowledgement the original bond or original letter of credit submitted to the Board from by the provider of the bond or the letter of credit. Where a bond is submitted, the Division of Professional Regulation shall be listed as the bond holder. 3.1.5Evidence in a form satisfactory to the Board that the applicant, or the applicant’s employer, carries liability insurance in an amount equal to or greater than $100,000. Evidence shall include an acknowledgement a notarized certificate of insurance submitted to the Board from by the insurance carrier. 3.1.6A statement under oath or other verification satisfactory to the Board that the applicant agrees to be responsible for all acts or omissions of any individual acting under the supervision of the applicant while assisting in the installation of manufactured housing. 3.1.7Reciprocity 3.1.7.1An applicant for licensure as a manufactured home installer by reciprocity shall complete an application approved by the Board and cause a certificate of good standing to be sent to the Board from the licensing agencies of all jurisdictions where the applicant is or has been licensed. Upon request an applicant for licensure under this provision must submit to the Board a copy of the reciprocal state's current licensure requirements 3.2Each applicant for a certificate of manufactured home installation inspector must provide the Board with the following 3.2.1A completed application on the form approved by the Board. 3.2.2Evidence in a form satisfactory to the Board that the applicant has successfully completed the certification course designated by the Board. Evidence shall include a certificate or other acknowledgement of completion of the education requirement that is submitted to the Board by the education provider. This document shall identify the course, the course provider and location, and the date completed. 3.2.3Evidence in a form satisfactory to the Board that the applicant is a full-time, part-time or casual/ seasonal employee of an authorized inspection agency. Evidence shall include a current written statement signed by the applicant's supervisor in his capacity as a supervisor identifying the applicant's employment status and date of employment. ............................................................ 8.1Licensees and certificate holders shall complete 10 hours of approved CE by September 30 of each biennial renewal period. 8.1.1This requirement is prorated for license or certificate holders during their initial licensing period as follows: 8.1.1.1A person licensed less than one year does not need to complete CE at the first renewal. 8.1.1.2A person licensed one year but less than two years must submit 5 CE hours at the first renewal. 8.1.2An "hour" for purposes of continuing education credit shall mean fifty (50) minutes of instruction or participation in an appropriate course or program. Meals and breaks shall be excluded from credit. 8.2The Board may consider a waiver of CE requirements or acceptance of partial fulfillment based on the Board's review of a written request with supporting documentation of hardship. 8.3Courses must be approved by the Board in order to qualify as CE. Approved courses appear on the website of the Division of Professional Regulation. 8.3.1Courses shall be designed to maintain and enhance the knowledge and skills of licensees related to the installation of manufactured housing. 8.3.2Course providers, licensees and certificate holders may request Board approval of courses at any time by submitting a written request to the Board and including a course outline with the number of classroom hours and the curriculum vitae or resume of the instructor. 8.3.3Course providers, licensees and certificate holders seeking pre-approval should submit the request a sufficient amount of time in advance of the CE course to permit the Board to consider the request at a regularly-scheduled Board meeting. 8.4Proof of continuing education is satisfied with an attestation by the licensee that he or she has satisfied the requirements of Rule 8.0. 8.4.1Attestation may be completed electronically if the renewal is accomplished online. Alternatively, licensees and certificate holders may submit the attestation in paper form on forms approved by the Board. 8.4.2Licensees and certificate holders selected for random audit will be required to supplement the attestation with attendance verification pursuant to Rule 8.5. 8.4.3Approval of CE automatically expires on September 30, 2008 and every two years thereafter on each September 30. A sponsor must reapply for approval as provided in Rule 8.3. 8.5Random audits will be performed by the Board to ensure compliance with the license and certificate requirements. Licensees and certificate holders selected for the random audit shall submit verification that they maintain the required bond and liability insurance, verification of required employment status, and the completion of the required CE, as applicable and any other information required by the Board to confirm their continued eligibility for the license or certificate. 8.5.1In a renewal year, the Board will notify licensees and certificate holders within sixty (60) days after September 30 that they have been selected for audit. 8.5.2Licensees selected for random audit are required to submit verification within ten (10) twenty (20) days of receipt of notification of selection for audit. 8.5.3The Board shall review all documentation submitted by licensees pursuant to the CE audit. If the Board determines that the licensee has met the CE requirements, his or her license shall remain in effect. If the Board determines that the licensee has not met the CE requirements, the licensee shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. The hearing will be conducted to determine if there are any extenuating circumstances justifying the noncompliance with the CE requirements. Unjustified noncompliance with the CE requirements set forth in these rules and regulations shall constitute a violation of 24 ............ §4441(a) and the licensee may be subject to one or more of the disciplinary sanctions set forth in 24 ............ §4441. (Break in Continuity of Sections) ................................................ 12.1A licensee shall prominently display the words "Licensed Manufactured Home Installer" or the abbreviation “Lic. Mfd. Home Installer” and his license number on the exterior of all vehicles used for work in not less than three two inch letters and numbers. 12.2Only an individual who is registered with the Board and holds a license as a manufactured home installer may use the designation "Licensed Manufactured Home Installer" and other designations which suggest that the user is a licensed manufactured home installer. 12.3No individual, sole proprietorship, partnership, corporation, or any other entity authorized under Delaware law or a similar statute of another state shall hold him/her/itself or otherwise use the title or designation "licensed manufactured home installer or any other title, designation, or abbreviation of any titles or designations likely to be confused with "licensed manufactured home installer". .................................................. Statutory Authority: 26 Delaware Code, Section 209(a) (26 ..............§209(a)) .............................................................................................................. (Break in Continuity of Sections) ............................................................ 9.1Prior to March May 31 of each year, each EDC shall convene a stakeholder meeting offering opportunity for interested parties to discuss electric service reliability or quality concerns within Delaware. Such meeting shall be limited to discussion of publicly available information and at a minimum be open to generation companies, electric suppliers, municipals or other EDCs, PJM, state agencies and wholesale/retail consumers. Each EDC shall consider the resulting issues and include mitigation efforts in annual plans as appropriate. 9.2By March 31 of each year, each EDC shall submit a reliability planning and studies report to the Commission for review. The report will identify current reliability objectives, load study results and planned actions, projects or programs designed to maintain the electric service reliability and quality of the delivery facilities. 9.3The report shall include the following information: 9.3.1Objective targets or goals in support of reliable electric service and descriptions of planned actions to achieve the objectives; 9.3.2Delivery load study results as described in Section 8., to include at a minimum the information for both year b and year c as specified in Section 8., Paragraph 8.3.; 9.3.3Description and estimated cost of capital projects planned to mitigate loading or contingent conditions identified in load studies or required to manage hours of congestion; 9.3.4The EDC's power quality program and any amendments as required in Section 6.; 9.3.5The EDC's inspection and maintenance program, any amendments as required in Section 7., and any specific actions aimed at reducing outage causes; 9.3.6Copies of all recent delivery facility planning studies and network capability studies (including CETO and CETL results) performed for any delivery facilities owned by the utility; and 9.3.7Summaries of any changes to reliability related requirements, standards and procedures at PJM, MAAC, First Reliability Corporation, NERC or the EDC. 9.3.8Summary of any issues that resulted from the EDC stakeholder meeting and any projects or planning changes that may have been incorporated as a result of such meeting. .................................................................................................................................................................................. .............................................................................................................. ...................................................................... Statutory Authority: 11 Delaware Code, Section 8404(a)(5) (11 ............, §8404(a)(5)) .................................................................................................................... ............................................................................................................................................................................ .................................................................................................................... .................................................. .................................................. Statutory Authority: 3 Delaware Code, Section 10005 (3 ............ §10005)\ 3 ............................ 501 ................................................................................ .............................................. .............................................. Statutory Authority: 14 Delaware Code, Section 122(b) (14 ............ §122(b)) 14 ............................ 742 .............................................. Statutory Authority: 14 Delaware Code, Section 122(b) (14 ............ §122(b)) 14 ............................ 746 .............................................. Statutory Authority: 14 Delaware Code, Section 122(b) (14 ............ §122(b)) 14 ............................ 1105 .......................................................... 20.1The time begins for a new bus when it is placed in service. A bus shall have the required mileage prior to the start of the school year. Once a bus is placed in service for the school year, it will not be replaced unless it is unable to continue service due to mechanical failure. 20.2The following age and mileage requirements apply: 20.2.112th 14th year shall be replaced (it may then be used as a spare); or 20.2.2......................190,000 miles no matter age of bus ..................................; or 20.2.3......................9 years and 130,000 miles ..................................; or 20.2.4May be replaced after 10 years. 20.3Contractors shall be reimbursed for their eligible school buses for the annual allowances permitted by the Formula. New (unused) buses placed in service in a year following their manufacture shall begin their 7 years of capital allowances with the rate specified for the year of manufacture and continue in year increments until completed. 20.4School buses purchased with state allocated transportation funds may be used by the school districts for purposes other than transportation of pupils to and from school. This type of use shall be at the district’s expense and shall occur only during a time when the bus is not making its normal school run. 20.5In accordance with the Attorney General’s opinion of June 18, 1974, regarding the use of buses purchased from State allocated transportation funds for purposes other than the regular transportation of pupils to and from school, the provisions of Title 14, Section 1056, School Property, Use, Control and Management, shall apply. .................................................... ................................................................................ ...................................................... Statutory Authority: 31 Delaware Code, Section 512 (31................§512) .............................................................................................. .................................................................................................... ............................................................................................................ ........................................................ .............................................................................................................................. .......................................................................................................................................................................... ........................................................................................................................................................ .................................................................................................... .............. ........................................................................ Statutory Authority: 7 Delaware Code, Chapters 60 and 63, (7 ............, Chs.60 & 63) .............................................................................. Statutory Authority: 7 Delaware Code, Chapter 42 (7.............., Ch. 42) .................................................................................... ................................................ Statutory Authority: 24 Delaware Code, Section 2311 (24 ............ §2311) 24 ............................ 2300 ................................................................................................................................ ............................................................................................................................................................................ ................................................................................................................................ ................................................ Statutory Authority: 10 Delaware Code, Chapter 27 (10 ............ Ch. 27) ...................................... ...................................................................... Statutory Authority: 16 Delaware Code, Section 1796 (16 ..............§1796) .......................................................................... Statutory Authority: 5 Delaware Code, Section 121(b), 2112 & 2417; (5 ............ §§121(b), 2112 & 2417) 5 ..............................2101, 2201 and 2401 ................................................................................................ .............................................................. .............................................. ................................................................................ ...................................................... ...................................................... .................................................................................................... .............. ........................................................................ ........................................................................ ........................................................................................ ........................................................................ .................................................................................................................................................... ...................................................................... .................................................................................................... .................................................. ..............................................................................................................