DELAWARE REGISTER OF REGULATIONS The Delaware Register of Regulations is an official State publication established by authority of 69 Del. Laws, c. 107 and is published on the first of each month throughout the year. The Delaware Register will publish any regulations that are proposed to be adopted, amended or repealed and any emergency regulations promulgated. The Register will also publish some or all of the following information: •Governor’s Executive Orders •Governor’s Appointments •Attorney General’s Opinions in full text •Agency Hearing and Meeting Notices •Other documents considered to be in the public interest. CITATION TO THE DELAWARE REGISTER The Delaware Register of Regulations is cited by volume, issue, page number and date. An example would be: 6 DE Reg. 1541-1542 (06/01/03) Refers to Volume 6, pages 1541-1542 of the Delaware Register issued on June 1, 2003. SUBSCRIPTION INFORMATION The cost of a yearly subscription (12 issues) for the Delaware Register of Regulations is $135.00. Single copies are available at a cost of $12.00 per issue, including postage. For more information contact the Division of Research at 302-744-4114 or 1-800-282-8545 in Delaware. CITIZEN PARTICIPATION IN THE REGULATORY PROCESS Delaware citizens and other interested parties may participate in the process by which administrative regulations are adopted, amended or repealed, and may initiate the process by which the validity and applicability of regulations is determined. Under 29 Del.C. §10115 whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title. The notice shall describe the nature of the proceedings including a brief synopsis of the subject, substance, issues, possible terms of the agency action, a reference to the legal authority of the agency to act, and reference to any other regulations that may be impacted or affected by the proposal, and shall state the manner in which persons may present their views; if in writing, of the place to which and the final date by which such views may be submitted; or if at a public hearing, the date, time and place of the hearing. If a public hearing is to be held, such public hearing shall not be scheduled less than 20 days following publication of notice of the proposal in the Register of Regulations. If a public hearing will be held on the proposal, notice of the time, date, place and a summary of the nature of the proposal shall also be published in at least 2 Delaware newspapers of general circulation. The notice shall also be mailed to all persons who have made timely written requests of the agency for advance notice of its regulation-making proceedings. The opportunity for public comment shall be held open for a minimum of 30 days after the proposal is published in the Register of Regulations. At the conclusion of all hearings and after receipt, within the time allowed, of all written materials, upon all the testimonial and written evidence and information submitted, together with summaries of the evidence and information by subordinates, the agency shall determine whether a regulation should be adopted, amended or repealed and shall issue its conclusion in an order which shall include: (1) A brief summary of the evidence and information submitted; (2) A brief summary of its findings of fact with respect to the evidence and information, except where a rule of procedure is being adopted or amended; (3) A decision to adopt, amend or repeal a regulation or to take no action and the decision shall be supported by its findings on the evidence and information received; (4) The exact text and citation of such regulation adopted, amended or repealed; (5) The effective date of the order; (6) Any other findings or conclusions required by the law under which the agency has authority to act; and (7) The signature of at least a quorum of the agency members. The effective date of an order which adopts, amends or repeals a regulation shall be not less than 10 days from the date the order adopting, amending or repealing a regulation has been pub­lished in its final form in the Register of Regula­tions, unless such adoption, amendment or repeal qualifies as an emergency under §10119. Any person aggrieved by and claiming the unlawfulness of any regulation may bring an action in the Court for declaratory relief. No action of an agency with respect to the making or consideration of a proposed adoption, amendment or repeal of a regulation shall be sub­ject to review until final agency action on the pro­posal has been taken. When any regulation is the subject of an enforcement action in the Court, the lawfulness of such regulation may be reviewed by the Court as a defense in the action. Except as provided in the preceding section, no judicial review of a regulation is available unless a complaint therefor is filed in the Court within 30 days of the day the agency order with respect to the regulation was published in the Register of Regulations. CLOSING DATES AND ISSUE DATES FOR THE DELAWARE REGISTER OF REGULATIONS ISSUE CLOSING CLOSING DATE DATE TIME AUGUST 1JULY 154:30 P.M. SEPTEMBER 1AUGUST 164:30 P.M. OCTOBER 1SEPTEMBER 154:30 P.M. NOVEMBER 1OCTOBER 154:30 P.M. DECEMBER 1NOVEMBER 154?30 P.M. DIVISION OF RESEARCH STAFF: Deborah A. Porter, Interim Supervisor; Rochelle Yerkes, Administrative Specialist II.; Sandra F. Clark, Administrative Specialist II; Kathleen Morris, Unit Operations Support Specialist; Jeffrey W. Hague, Registrar of Regulations; Victoria Schultes, Administrative Specialist II; Rhonda McGuigan, Administrative Specialist I; Ruth Ann Melson, Legislative Librarian; Lisa Schieffert, Research Analyst; Judi Abbott, Administrative Specialist I; Alice W. Stark, Legislative Attorney; Ted Segletes, Paralegal; Deborah J. Messina, Print Shop Supervisor; Marvin L. Stayton, Printer; Don Sellers, Printer. PROPOSED DELAWARE STATE FIRE PREVENTION COMMISSION State Fire Prevention Regulations.......................................6 DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PROFESSIONAL REGULATION 2100 Board of Examiners in Optometry...................... 16 DEPARTMENT OF EDUCATION101 Delaware Student Testing Program....................... 17 106 Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II)................................. 23 107 Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II).......... 23 108 Administrator Appraisal Process Delaware Performance Appraisal System (DPAS II)........... 23 501 State Content Standards........................................ 36 718 Health Examinations for School District Employees............................................................. 37 805 The School Health Tuberculosis (TB) Control Program................................................................ 38 PROFESSIONAL STANDARDS BOARD 368 Certification School Psychologist......................... 41 DIVISION OF LONG TERM CARE RESIDENTS PROTECTION Assisted Living Facilities, Regulations for.................. 46 DIVISION OF PUBLIC HEALTH 463 Licensing and Registration of Operators of Public Water Supply Systems.......................................... 47 DEPARTMENT OF INSURANCE 606, (Formerly Reg. No. 31) Proof of Automobile Insurance............................................................... 55 607, (Formerly Reg. No. 37) Defensive Driving Course Discount Automobiles and Motorcycles............... 59 1501, Medicare Supplement Insurance Minimum Standards............................................................... 62 DEPARTMENT OF LABOR COUNCIL ON APPRENTICESHIP & TRAINING Section 106.5, Standards of Apprenticeship................ 65 DEPARTMENT OF STATE OFFICE OF THE STATE BANKING COMMISSIONER 708 Establishment of a Branch Office by a Bank or Trust Company..................................................... 68 DEPARTMENT OF EDUCATIONPROFESSIONAL STANDARDS BOARD 1501 Knowledge, Skills And Responsibility Based Supplements For Educators.................................. 73 1505 Professional Growth Programs........................... 78 1528 Foreign Language Teacher Comprehensive....... 80 1529 Foreign Language Teacher Secondary............... 80 1533 Foreign Language Teacher Elementary.............. 80 1537 Bilingual Teacher (Spanish) Secondary............. 80 1558 Bilingual Teacher (Spanish) Primary Middle Level......................................................... 80 DIVISION OF LONG TERM CARE RESIDENTS PROTECTION Assisted Living Facilities, Regulations for.................. 85 DIVISION OF PUBLIC HEALTH Regulations Pertaining to the Testing of Newborn Infants for Metabolic, Hematologic and Endocrinologic Disorders..................................... 100 203 Cancer Treatment Program................................... 107 DIVISION OF SOCIAL SERVICESDivision of Social Services Manual (DSSM) 9068.1 Certification Period Length..................... 113 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROLGreen Energy Fund Program Regulation..................... 114 DIVISION OF AIR AND WASTE MANAGEMENT AIR QUALITY MANAGEMENT SECTION Reporting of a Discharge of a Pollutant or Air Contaminant.......................................................... 126 DIVISION OF WATER RESOURCESSurface Water Quality Standards................................. 154 DEPARTMENT OF STATE DIVISION OF HISTORICAL AND CULTURAL AFFAIRSHistoric Preservation Tax Credit, Regulations Governing.............................................................. 194 GOVERNOR Executive Order No. 56, Establishing The Infant Mortality Task Force............................................. 199 GENERAL NOTICES DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF SOCIAL SERVICES (TANF) Caseload Reduction Credit Report................. 200 CALENDAR OF EVENTS/HEARING NOTICES Fire Prevention Commission, Notice of Public Hearing................................................................. 207 Dept. Of Administrative Services, Div. of Professional Regulation, Board of Examiners in Optometry, Notice of Public Hearing............... 207 State Board of Education Monthly Meeting Notice..... 207 Dept. of Finance, Gaming Control Board, Notice of Rescheduled Public Hearing................................. 207 Dept. of Health and Social Services, Div. of Long Term Care Residents Protection, Notice of Public Hearing....................................................... 208 Dept. of Health and Social Services, Div. of Public Health, Notice of Public Hearing............... 208 Dept. of Insurance, Notice of Public Hearing.............. 208 Dept. Of Labor, Council On Apprenticeship & Training, Notice of Public Hearing.................. 209 Dept. Of State, Office of the State Banking Commissioner, Notice of Public Hearing............. 210 Delaware River Basin Commission, Notice of Public Hearing...................................................... 210 DELAWARE STATE FIRE PREVENTION COMMISSIONStatutory Authority: 16 Delaware Code, Section 6603 (16 Del.C. §6603) NOTICE OF PUBLIC HEARING The Delaware State Fire Prevention Commission will hold a hearing pursuant to 16 Del.C. §6603 and 29 Del.C.,§101 on Tuesday, July 20, 2004, at 1:00 P.M. and 7:00 P.M. in the Commission Chamber, Delaware State Fire School, Delaware Fire Service Center, 1463 Chestnut Grove Road, Dover, Delaware. The Commission is proposing changes to the following Regulations. 2003 Delaware State Fire Prevention Regulations PART I, ANNEX A PART I, ANNEX B PART II, CHAPTER 6 PART V, CHAPTERS 1 & 5 PART VI, CHAPTER 3 APPENDIX E Persons may view the proposed changes to the Regulations between the hours of 8:00 a.m. to 4:30 p.m., Monday through Friday, at the Delaware State Fire Prevention Commission, Delaware State Fire School, Delaware Fire Service Center, 1463 Chestnut Grove Road, Dover, Delaware, 19904, or Office of the State Fire Marshal located at the Delaware Fire Service Center, 1537 Chestnut Grove Road, Dover, Delaware, 19904, or the Regional State Fire Marshal’s Offices located 2307 MacArthur Road, New Castle, Delaware and 22705 Park Avenue, Georgetown, Delaware, 19947. The webpage address is www.delawarestatefiremarshal.com under the tabs “Technical Services” and “Proposed Changes”. Persons may present their views in writing by mailing their views to the Commission at the above addresses prior to the hearing, and the Commission will consider those responses received before 10:a.m. on July 19, 2004, or by offering testimony at the Public Hearing. If the number of persons desiring to testify at the Public Hearing is large, the amount of time allotted to each speaker will be limited. There will be a reasonable fee charge for copies of the proposed changes. Summary of Proposed Changes to the 2003 Delaware State Fire Prevention Regulations Enclosed are the changes being proposed on February 17, 2004 to the State Fire Prevention Commission for consideration. Throughout the document, words that are shown as “struck through” (Example) represents text that will be deleted. Words that are “underlined” (Example) represents text that will be added. The following is a summary of the changes. 1.Part I, ANNEX A and ANNEX B are mostly reformatting of section numbers to comply with NFPA’s recent Manual of Style change. 2.Part I, ANNEX B, NFPA 13D: specifies that the alarm is to sound throughout the protected property. 3.Part II, Chapter 6: • 6-1.4.1, A-6-1-4-1, 6-1.4.2, and A-6-1.4.2 modified to reflect new title and new wording of New Castle County Code. • Rewrite of 6-4 and add text to define when water is available. • Amend 6-5.3.3 to allow an engineering analysis as an option to a specified pipe size. 4.Part V, Chapter 5: modify 1-1.8 to reflect the needs of the DFIRS system of Incident Reporting. 5.Part V, Chapter 1: add a new section (1-2.8) to address access to Gated Communities. 6.Part VI, Chapter 3: add a new section (3-4.4) to replace a 1977 policy memo regarding portable fire extinguishers in apartment buildings. 7.Part VI, Chapter 3: modify 3-6.5 and 3-6.7 to accurately reflect effective dates of the requirements of this Chapter. 8.Appendix E: add fee requirements specified in the Regulation but not previously included in Appendix E. AMEND PART I, ANNEX A AS FOLLOWS: In two (2) places, correct misprinted edition date on currently adopted NFPA document as follows: 5512001Standard for Compressed and Liquefied Gases in portable Cylinders 5511998Standard for Compressed and Liquefied Gases in portable Cylinders AMEND PART I, ANNEX B AS FOLLOWS: MODIFY NFPA 13, 2002, Standard for the Installation of Sprinkler Systems. Chapter 8, Installation Requirements. 8.16System Attachments. 8.16.2Arrangement. 8.16.2.4.6Fire Department Connection 8.16.2Fire Department Connection. 8.16.2.4 Arrangement AMEND §8-16.2.4.6 8.16.2.4.6 by deleting the existing §8-16.2.4.6 8.16.2.4.6 and inserting a new section to read as follows: MODIFY NFPA 13D, 2002, Standard for the Installation of Sprinkler Systems In One- And Two-Family Dwellings And Manufactured Homes. Chapter 7, System Components. 7.6 Alarms. AMEND §7.6, Alarms, by deleting the existing Exception and adding the following to §7.6: The alarm shall be of sufficient intensity to sound an alarm at 15 dBA above ambient noise level inside the protected property. AMEND §7.6, Alarms, by modifying text to read as follows: Local waterflow alarms shall be provided on all sprinkler systems. The alarm shall be of sufficient intensity to sound an alarm at 15 dBA above ambient noise level throughout all indoor areas of the protected property. AMEND Section numbers in NFPA 54, 2002, National Fuel Gas Code. Chapter 9, Installation of Specific Equipment. 9.23Room Heaters. 9-23.1 9.23.1 Prohibited Installations. Unvented room heaters shall not be installed in bathrooms and bedrooms. AMEND Section numbers in NFPA 58, 2001, Liquefied Petroleum Gases Code. Chapter 1, General Provisions. 1-4 1.4 Notification Of Installations. AMEND §1-4.1 1.4.1 Stationary Installations, by deleting the existing section and inserting two new subsections to read as follows: 1-4.1.1*1.4.1.1* Plans shall be submitted to the Office of State Fire Marshal for review and approval for the following liquefied petroleum gas (LPG) installations: A-1-4.1.1 A.1.4.1.1 This section still requires the submission of plans for all LP Gas installations with an aggregate capacity of 1,000 gallons or more, and now requires the submission of plans for all portable cylinder exchange installations. 1-4.1.2*1.4.1.2* Plans shall be submitted to the Office of State Fire Marshal for review and approval regarding liquefied petroleum gas (LPG) installations for all sites and locations where LPG is dispensed by a retail operation to the public, regardless of tank storage capacity. A-1-4.1.2A.1.4.1.2 Submission of plans for all LP Gas Installations where tanks are filled as a retail operation for the public. Exception To 1-4.1 and 1-4-2.1.4.1 and 1.4.2: One- and Two-Family Dwellings are not required to comply with these sections. Chapter 3, Installation Of LP-Gas Systems. 3-10 3.10 Fire Protection. ADD New §3-10.4 3.10.4: 3-10.4 3.10.4 Fire Protection At Bulk Plants. 3-10.4.1 3.10.4.1 Application. This section regulating bulk plants applies to facilities whose primary purpose is to receive gas by tank car, tank truck, or piping, and distribute the gas to the end user by use of portable container delivery, tank truck, or gas piping. Exception No. 1: §3-10.4 3.10.4 shall not apply to those facilities that fall within the definition of “REMOTE” with respect to location, as defined in §3-10.4.2 3.10.4.2. Under this exception, the requirements of §3-10.4.5 3.10.4.5, Water Supply for Fire Protection, are retained and required. 3-10.4.2 3.10.4.2 Definitions. 3-10.4.3 3.10.4.3* Notwithstanding any provisions of this Section to the contrary, all LP-Gas facilities having storage containers with a combined aggregate water capacity of more than 18,000 gallons, where LP-Gas is transferred from railcar to tank storage, from railcar to vehicle, from tank storage to vehicle, from vehicle to vehicle, from tank storage to railcar, or from vehicle to tank storage, shall incorporate the following additional fire protection measures: A-3-10.4.3 A.3.10.4.3 Total Product Containment System. A total product containment system includes emergency internal and shutoff valves having remote and thermal capability and pull-away protection, such installation in accordance with standards and specifications of both the American Petroleum Institute (API) and NFPA 58. 3-10.4.4 3.10.4.4 No persons, other than the plant management or plant employees, shall have access to any bulk LP-Gas storage facility. 3-10.4.5 3.10.4.5 Water Supply For Fire Protection. Not withstanding the provisions of Part II, Chapter 6 of these Regulations, water supply for fire protection shall be provided as follows for all bulk LP-Gas storage facilities: 3-10.4.6 3.10.4.6 Fire Department Chief Officer. 3-10.4.6.1 3.10.4.6.1 The Office of State Fire Marshal shall hand deliver to the Fire Department Chief Officer having jurisdiction a site plan and set of structural or building plans that have been submitted for review and approval by the Office of State Fire Marshal; the Fire Department Chief Officer shall sign when accepting the plans from the Office of State Fire Marshal. 3-10.4.6.2 3.10.4.6.2 Within ten working days of the Fire Department Chief Officer having received the plans and specifications as identified in §3-10.4.6.1 3.10.4.6.1 of this Regulation, the Fire Department Chief Officer shall respond in writing to the Office of State Fire Marshal and will provide the following information: 3-10.4.6.3 3.10.4.6.3 If the Fire Department Chief Officer does not respond within ten working days as required in 3-10.4.6.2 3.10.4.6.2 of this Regulation, the Office of State Fire Marshal will incorporate the necessary fire protection features consistent with generally accepted fire protection practices. Chapter 4, LP-Gas Liquid Transfer. 4-2 4.2 Operational Safety. 4-2.2 4.2.2 Containers To Be Filled Or Evacuated. AMEND §4-2.2.1 4.2.2.1 by deleting the existing §4-2.2.14.2.2.1 and inserting a new §4-2.2.1 4.2.2.1 to read as follows: 4-2.2.1 4.2.2.1* Containers shall be filled only by the owner or upon the owner's authorization. A-4-2.2.1 4.2.2.1 This modification retains the language of NFPA Pamphlet No. 58, 1989 Standard for the Storage and Handling of LP Gases. (a) This requirement is in keeping with 16 Del.C.§7702. Chapter 5, Storage Of Portable Containers Awaiting Use, Resale, Or Exchange. 5-4.2 5.4.2 Protection Of Containers. AMEND §5-4.2.2 5.4.2.2 by deleting §5-4.2.2 5.4.2.2 and inserting a new §5-4.2.2 5.4.2.2 to read as follows: 5-4.2.2* 5.4.2.2* Protection against vehicle impact shall be provided by installing traffic/bumper posts, or other protection acceptable to the State Fire Marshal. A-5-4.2.2 A.5.4.2.2 The intent of this requirement is to ensure the protection of the portable cylinders from vehicular damage and to emphasize that the standard curbs are not considered adequate protection. AMEND Section numbers in NFPA 101, 2000, The Life Safety Code. Chapter 9, Building Service and Fire Protection Equipment. 9-2 9.2 Heating, Ventilating, and Air Conditioning. AMEND §9-2.1, by adding a new §9-2.1.1, Unvented Fuel-Fired Heating Equipment, and renumber the following sections, to read as follows: AMEND §9.2.1, by adding a new §9.2.1.1, Unvented Fuel-Fired Heating Equipment, to read as follows: 9.2.1 9.2.1 Air Conditioning, Heating, Ventilating Ductwork, and Related Equipment. 9-2.1.1 9.2.1.1 Unvented fuel-fired heating equipment shall be prohibited in bathrooms and sleeping areas of all occupancies. In all other areas, gas space heaters installed in compliance with NFPA 54, National Fuel Gas Code, as adopted and modified by these Regulations shall be permitted. Chapter 16, New Day Care Occupancies. 16-2 16.2 Means of Egress Requirements. 16-2.2 16.2.2 Means of Egress Components. 16-2.2.2 16.2.2.2 Doors. AMEND §16-2.2.2.2, 16.2.2.2.2 Panic Hardware or Fire Exit Hardware, by deleting the existing §16-2.2.2.216.2.2.2.2, and inserting a new §16-2.2.2.2 16.2.2.2.2 to read as follows: 16-2.2.2.2 16.2.2.2.2 Panic Hardware Or Fire Exit Hardware. Any door in a required means of egress from an area having an occupant load of 13 or more clients shall be permitted to be provided with a latch or lock only if the latch or lock is panic hardware or fire exit hardware. 16-3 16.3 Protection. 16-3.4 16.3.4 Detection, Alarm, and Communication Systems. AMEND §16-3.4.4 16.3.4.4, Emergency Forces Notification, by deleting the existing §16-3.4.4 16.3.4.4and inserting a new §16-3.4.4 16.3.4.4 to read as follows: 16-3.4.4 16.3.4.4 Emergency Forces Notification. Fire department notification shall be accomplished in accordance with §7.6.4 9.6.4. Chapter 24, One- And Two-Family Dwellings. 24-1.1 24.1.1 Application. AMEND §24-1.1 24.1.1, Application, by deleting the existing §24-1.1.2 24.1.1.2 and inserting a new §24-1.1.224.1.1.2 to read as follows: 24-1.1.2 24.1.1.2 This Chapter shall not be utilized by the Office of State Fire Marshal during the plan review process, except when individual, specified sections are referenced by other Chapters of the Life Safety Code. Chapter 26, Lodging Or Rooming Houses. 26-3 26.3 Protection. 26-3.3 26.3.3 Detection, Alarm, And Communication Systems. AMEND §26-3.3 26.3.3, Detection Alarm, And Communication Systems, by adding a new Subsection to read as follows: 26-3.3.4 26.3.3.4 A corridor smoke detection system in accordance with §9-6 9.6 shall be installed in all lodging or rooming houses. Chapter 30, New Apartment Buildings. 30-3.4 30.3.4 Detection, Alarm, and Communication Systems. AMEND §30-3.4.1 30.3.4.1, General, by deleting §30-3.4.1 30.3.4.1and two exceptions, and inserting a new §30-3.4.1 30.3.4.1and exception to read as follows: 30-3.4.1 30.3.4.1General. All new apartment buildings shall be provided with a fire alarm system in accordance with §9-6 9.6, except as modified by 30-3.4.2 through 30-3.4.4 30.3.4.2 through 30.3.4.4 Exception: Where each dwelling unit is separated from other contiguous dwelling units by fire barriers having a fire resistance rating of not less than one hour, and where each dwelling unit has either its own independent exit or its own independent stairway or ramp discharging at grade. AMEND §30-3.4.4, 30.3.4.4 Detection, by adding a new Subsection to read as follows: 30-3.4.4.1 30.3.4.4.1 A corridor smoke detection system in accordance with §9-6 9.6, shall be installed in all apartment buildings. Chapter 32, New Residential Board And Care Occupancies. 32-2 32.2 Small Facilities. AMEND §32-2 32.2, Small Facilities, by adding new Subsections to read as follows: 32-2.2.7 32.2.2.7 Emergency Lighting. Emergency lighting shall be installed in accordance with §7-9 7.9. 32-2.2.8 32.2.2.8 Marking Of Means Of Egress. Means of egress shall be marked in accordance with §7-10 7.10. 32-2.2.9 32.2.2.9 Portable Fire Extinguishers. Portable fire extinguishers shall be provided near hazardous areas in accordance with §9-7 9.7. 32-2.3.4 32.2.3.4 Detection, Alarm, and Communication Systems. AMEND §32-2.3.4 32.2.3.4, Detection, Alarm, and Communication Systems, by adding §32-2.3.4.432.2.3.4.4, Emergency Forces Notification, to read as follows: 32-2.3.4.4 32.2.3.4.4, Emergency Forces Notification. Fire department notification shall be accomplished in accordance with §9-6.4 9.6.4. 32-3 32.3 Large Facilities. 32-3.3.4 32.3.3.4 Detection, Alarm, and Communication Systems. AMEND §32-3.3.4.6 32.3.3.4.6, Fire Department Notification, by deleting the existing §32-3.3.4.6 32.3.3.4.6 and inserting a new §32-3.3.4 32.3.3.4 to read as follows: 32-3.3.4.6 32.3.3.4.6 Fire Department Notification. Fire department notification shall be accomplished in accordance with §9-6.4 9.6.4. AMEND PART II, CHAPTER 6 AS FOLLOWS: Delete A-6-1 6-1* General. A-6-1 The Standard for Fire Flow for Fire Protection has undergone extensive revisions including, but not limited to, the relocation of all definitions to Part I, Chapter 2; the partial elimination of some requirements; the changes in terminology for consistency throughout these Regulations; and the complete restructuring of the Fire Flow tables and their requirements. Revise 6-1.4.1 and A-6-1.4.1 as follows: 6-1.4.1* Residential sub-divisions, located with the jurisdiction of New Castle County, containing more than twenty-five (25) lots, or minimum aggregate side yard widths of less than thirty (30) feet. These requirements are contained in §20-61 of New Castle County Code Chapter 40, Article 12, reproduced in Appendix A of this Regulation. A-6-1.4.1 New Castle County Code §20-61 Water Supply: (a) All proposed residential subdivisions containing more than twenty-five (25) lots, or minimum aggregate side yard widths of less than thirty (30) feet, shall provide a public or community water distribution system. The design and installation of such public or community system shall be subject to the approval of the appropriate state agencies and the main sizes shall meet the requirements of the Office of the State Fire Marshal. (b) Where the subdivider proposes that individual on-site water supply systems be utilized within the subdivision, the subdivider shall either install such facilities or shall require (by deed restriction or otherwise) , as a condition of the sale of each lot or parcel within the subdivision, that the facilities shall be installed by the purchaser of such lot or parcel at the time that a principal building is constructed thereon, in accordance with appropriate state regulations. (c) Where individual on-site water supply systems are to be utilized, each lot shall be of a size and shape to allow safe location of such a system. (d) Regulations governing on-site water supply systems are to be found in Appendix XII of this Chapter. An on-site water supply system shall further require a permit from appropriate state agencies (Ord. No. 73-103, Sec. 5; Ord. No. 90-200, Sec. 2, 9-25-90) A-6-1.4.1 New Castle County Code Chapter 40, Article 12, Sewer and Water Impact: SECTION 40.12.210 WATER SERVICE Each water supply company shall develop a method to determine water volumes and pressure in their systems. On-site testing shall be used as the basis for determining the capacities in lines, pumps, storage and distribution facilities. The certification of adequate capacity of the water service shall be obtained by the developer from the water supplier. SECTION 40.12.115 WATER SUPPLY A. All proposed residential subdivisions containing more than twenty-five (25) lots or minimum aggregate side yard widths of less than thirty (30) feet shall provide a public or community water distribution system. The design and installation of such public or community system shall be subject to the approval of the appropriate State agencies, and the main sizes shall meet the requirements of the office of the State Fire Marshal. B. Where the subdivider proposes that individual on-site water supply systems be utilized within the subdivision, the subdivider shall either install such facilities or shall require, by deed restriction or otherwise, as a condition of the sale of each lot or parcel within the subdivision, that the facilities shall be installed by the purchaser of such lot or parcel at the time that a principal building is constructed thereon, in accordance with appropriate State requirements. Where individual on-site water supply systems are to be utilized, each lot shall be of a size and shape to allow safe location of such a system. An on-site water supply shall further require a permit from appropriate State agencies. Revise 6-1.4.2 and A-6-1.4.2 as follows: 6-1.4.2* Fire hydrants, located within the jurisdiction of New Castle County. These requirements are contained in §20-64 of the New Castle County Code Chapter 40, Article 22, reproduced in Appendix A of this Regulation. A-6-1.4.2 New Castle County Code §20-64 Fire Hydrants and Fire Lanes: (a) Fire hydrants shall be installed within five hundred (500) feet of all houses, measured by way of accessible public thoroughfare, wherever a public or community water supply system is provided (as required by the National Association of Fire Underwriters), and within four hundred (400) feet of all commercial and industrial establishments, as approved by the State Fire Marshal. (b) All fire hydrants shall be shown on record plans, with an indication of water main sizing connecting thereto. (c) The need for and location of fire lanes for multifamily and row or group residential, commercial, industrial, and institutional development will be determined by the State Fire Marshal in accordance with the guidelines contained in the publication “Standard for Compliance with New Castle County Ordinance 71-103”, published by the State Fire Marshal. In applying such guidelines, a fire lane shall be deemed necessary only where reasonable and direct accessibility by fire apparatus cannot be made to at least one side of a structure from an all-weather hard surface, capable of bearing the weight of commonly used fire apparatus. Such fire lanes to be provided need not be paved with concrete, amesite or similar material, but may be surfaced in any suitable manner such as to provide an all-weather surface capable of performing the above function and shall be signed in such a fashion as to indicate the purpose and intent thereof and to prohibit parking thereon. (d) In cases where equivalent fire protection is provided by appropriately sized standpipes, or similar arrangements the requirements of subsection (c) of this section shall not be applicable. (Ord. No. 73-103, Section 5; Ord. No. 88-168, Section 1, 1-10-89; Ord. No. 90-200, Section 1, 9-25-90). A-6-1.4.2 New Castle County Code Chapter 40 Article 22, Drainage, Utilities, Septic Systems, Parking, Loading, and Lighting: SECTION 40.22.430 FIRE HYDRANTS AND FIRE LANES. A. Fire hydrants in subdivisions shall be installed within five hundred (500) feet of all houses, measured by way of accessible public thoroughfare, wherever a public or community water supply system is provided, as required by the National Association of Fire Underwriters, and within four hundred (400) feet of all commercial and industrial establishments, as approved by the State Fire Marshal. B. All fire hydrants shall be shown on record plans, with an indication of water main sizing connecting thereto. C. The need for and location of fire lanes for multi-family and row or group residential, commercial, industrial and institutional development will be determined by the State Fire Marshal in accordance with the guidelines contained in the publication Standard for Compliance with New Castle County published by the State Fire Marshal. In applying such guidelines, a fire lane shall be deemed necessary only where reasonable and direct accessibility by fire apparatus cannot be made to at least one (1) side of a structure from an all-weather hard surface, capable of bearing the weight of commonly used fire apparatus. Such fire lanes to be provided need not be paved with concrete, amesite or similar material, but may be surfaced in any suitable manner such as to provide an all-weather surface capable of performing the function and shall be signed in such a fashion as to indicate the purpose and intent thereof and to prohibit parking thereon. D. Where equivalent fire protection is provided by appropriately sized standpipes or similar arrangements, the requirements of subsection C of this Section shall not be applicable. Rewrite Part II, Chapter 6, Section 6-4 as follows: 6-4* Water Distribution Systems. A-6-4 In the application of this regulation to developments of individual, detached, stand alone single family dwellings, the Department of Natural Resources and Environmental Control, Division of Water Resources, in an attempt to have more public water systems installed in lieu of individual wells, has requested the State Fire Prevention Commission and the State Fire Marshal to accept the following: The Office of State Fire Marshal and the State Fire Prevention Commission are most concerned about the necessity for providing adequate water supplies for fire fighting purposes. The Office of State Fire Marshal and the State Fire Prevention Commission are not inclined, at this time, to change our current regulations dealing with fire flow or fire hydrant provisions. The Office of State Fire Marshal will consider an application from individual developers on a case by case basis, in order to analyze the impact of such potential alternative methods on fire service needs. The alternative methods discussed above will be linked to the DNREC regulations to accommodate subdivisions of less than fifty lots in addition to the requirement for installation of the fire protection infrastructure for subdivisions with over fifty lots, requiring the providing of the minimum fire flows and the installation of the fire hydrants, when construction begins on the fiftieth lot. The alternative methods discussed herein will be applied in conjunction with the additional provision of the State Fire Prevention Regulations with respect to individual, detached, single family dwellings within the appropriate range of square footage. The alternative methods discussed herein apply only to individual, detached single family dwellings. The Office of State Fire Marshal has agreed in principle to this provision. Our approach via this method is limited to those areas of the State where there is not an access to public water systems. 6-4.1 Where a water distribution system is required for stand alone/detached one- and two-family dwelling sites, the infrastructure for fire protection water shall be provided. The fire flow requirements shall take effect and be provided at the completion of the first fifty (50) lots and prior to the development of the fifty-first (51st) lot. 6-4.2 The requirements of Fire Flow Table 1, with respect to the provisions of the Standard on Water Supplies for Suburban and Rural Fire Fighting, NFPA 1142, as adopted and/or modified by these Regulations, may be applied to subdivisions of 25 or less lots of detached one- and two-family dwellings, where central water is provided, but the requirement for water flow for fire protection is as follows: 1)The infrastructure for fire flow capability must be installed to accommodate the fire flow requirements when additional development occurs. 2)For subdivisions of more than 25 lots of detached one- and two-family dwellings, water flow for fire protection, pursuant to the applicable provisions of this Chapter, must be provided at the completion of the 50th lot, or the last lot to be built in the subdivision if less than 50 lots. 6-4.3 The infrastructure for fire flow shall consist of properly listed and sized underground mains, stub ups for hydrants, and associated valves. 6-4* Water Distribution Systems. 6-4.1 Where water is available and a water distribution system is required for stand alone/detached one- and two family dwelling sites, the infrastructure for fire protection water shall be provided. The infrastructure for fire flow shall consist of properly listed and sized underground mains, stub ups for hydrants, and associated valves. The fire hydrants shall be installed prior to the fire flow requirements taking effect. 6-4.1.1 For purposes of this Regulation, water for fire protection shall be considered “available” whenever any portion of a proposed project’s property or any portion of a proposed subdivision is situated within one thousand (1000) feet of any portion of a water supplier’s new or existing infrastructure that includes water supply piping of 4 inches or more in nominal internal diameter. This measurement shall be calculated by way of accessible public thoroughfare(s) from the proposed property or subdivision and may not necessarily be a radius. 6-4.1.2 In the event the project or subdivision is situated in a geographical area that has been authorized to be provided with water service by a supplier other than the water supplier whose infrastructure is within the specified distance, the State Fire Marshal, on a case by case basis, may re-evaluate the requirements of § 6-4.1.1. 6-4.2 The requirements of Fire Flow Table 1, with respect to the Standard on Water Supplies for Suburban and Rural Fire Fighting, NFPA 1142, as adopted and/or modified by these Regulations, may be applied to subdivisions of 25 or less lots of one and two family detached homes, where central water is provided. However, the requirement for water flow for fire protection shall be required when: 1) Additional development creates a subdivision in excess of 25 lots of detached one or two family dwellings or 2) In the opinion of the State Fire Marshal the probability of additional development will occur in excess of 25 lots of detached one or two family dwellings then the infrastructure for fire flow capability must be installed to accommodate the fire flow requirements. 6-4.3 The requirements of Fire Flow Table 2 shall take effect where water is available and be provided under the following circumstances: 1) For subdivisions of 50 or more lots of detached one and two family dwellings the water flow for fire protection shall be provided upon completion of the 50th lot, and prior to the development of the 51st lot. 2) For subdivisions of 26 through 49 lots of detached one and two family dwellings the water flow for fire protection shall be provided at the completion of the last lot to be built. Amend Part II, Chapter 6, Section 6-5.3.3 by adding an exception to read as follows: 6-5.3.3 Dead end mains shall not exceed 600 feet in length for main sizes under 10 inches in diameter. Exception: Dead end mains exceeding 600 feet may be a minimum of 8 inches in diameter if an engineering analysis, acceptable to the Office of the State Fire Marshal, is submitted by a registered Professional Engineer demonstrating that the minimum flows and duration specified elsewhere in this Regulation are met or exceeded. AMEND THE TEXT AT THE TOP OF THE FIRE FLOW TABLE 1 TO READ AS FOLLOWS: Fire Flow Table 1* The requirements of Fire Flow Table 1 apply to rural areas where public, private, or central water is not available and where specified elsewhere in these Regulations. 1 A fire alarm signaling system shall be provided. See §6-3.1.4. AMEND THE TEXT AT THE BOTTOM OF THE FIRE FLOW TABLE 2 TO READ AS FOLLOWS: Fire Flow Table 2 The requirements of Fire Flow Table 2 apply to areas where there is a public, private, or central water system. *Sites in New Castle County are subject to the provisions of New Castle County Code Chapter 40 Article 5 Ordinance #90-200. See §A-6-1.4.1 and §A-6-1.4.2. AMEND PART V, CHAPTER 1 AS FOLLOWS: Amend Part V, Chapter 1, §1-1.8 by revising section 1-1.8 to read as follows: 1-1.8 Reporting Of Fire Incidents. Any fire brigade, department, or company shall report every fire all incidents to the State Fire Marshal on forms provided by in an electronic format acceptable to the State Fire Marshal within ten days after the end of the month in which the incident occurs. Amend Part V, Chapter 1, §1-2 by inserting new sections 1-2.8 through 1-2.8.4 to read as follows: 1-2.8 Gated Communities 1-2.8.1 Fire Department access shall be provided to all otherwise inaccessible gated communities, subdivisions, developments, or property by any other name through the use of a system or device authorized by the local Fire Chief and approved by the State Fire Marshal’s Office. 1-2.8.2 The system or device required in 1-2.8.1 shall be located in an area accessible to the fire department as determined by the local Fire Chief and approved by the State Fire Marshal’s Office. 1-2.8.3 The owner and/or occupant of the property requiring fire department access as specified in 1-2.8.1 and 1-2.8.2 shall maintain the approved system or device in strict accordance with the manufacturer's guidelines. 1-2.8.4 The owner and/or occupant of the property requiring fire department access shall not modify access in any manner that could prevent fire department access without obtaining prior approval from the State Fire Marshal’s Office. AMEND PART VI, CHAPTER 3, §3-4.1 BY REVISING THE WORDING TO READ AS FOLLOWS: 3-4.1* Smoke Detection Systems Required. All new apartment buildings shall be provided with an automatic smoke detection system in the interior corridors and/or hallways and/or stairways, in accordance with §7-6, except as modified by 18-3.4.2 through 18-3.4.4, of the Life Safety Code, NFPA 101, and the National Fire Alarm Code, NFPA 72, as adopted and/or modified by these Regulations. AMEND PART VI, CHAPTER 3, BY ADDING §3-4.4 TO READ AS FOLLOWS: 3-4.4 Portable Fire Extinguishers. All apartment buildings shall be provided with portable fire extinguishers, placed as follows: 3-4.4.1 At least one extinguisher with a rating of at least 2A-10BC shall be located on each stairway landing of every stairway common to two or more apartment units. Exception: In lieu of the above, the owner may provide at least one extinguisher with a rating of at least 1A-10BC to each individual apartment unit. 3-4.4.2 Each hazard area (such as laundry room, storage area, etc.) shall be provided with at least one extinguisher with a minimum rating of 2A-20BC. AMEND PART VI, CHAPTER 3, §3-6.5 BY REVISING THE WORDING TO READ AS FOLLOWS: 3-6.5 Effective December 17, 1997, the owner of any complex, building or buildings, within 90 days from the effective date of the Regulation, shall have on file with the Office of State Fire Marshal, a corrective plan of action detailing the owner’s timetable for complying with the provisions of these Regulations. AMEND PART VI, CHAPTER 3, §3-6.7 BY REVISING THE WORDING TO READ AS FOLLOWS: 3-6.7 Any existing apartment buildings, multi-family dwellings, etc., shall have five years from the effective date of this Regulation to be in compliance. Effective July 1, 2002, all new and existing apartment buildings, multi-family dwellings, etc., shall comply with the provisions of these Regulations. AMEND APPENDIX E, BY ADDING THE FOLLOWING: Fire Alarm Central Station, Remote Station, or Monitoring Service or Company License. The cost of an annual license for a Fire Alarm Central Station, Remote Station, or Monitoring Service or Company shall be $25.00. Fire Alarm Signaling System Company License. The cost of an annual license for a Fire Alarm Signaling System Company shall be $25.00. Fire Alarm Signaling System Certificate Holder. The cost of an annual certificate for a CERTIFICATE HOLDER of a Fire Alarm Signaling System Company shall be $25.00. Fire Suppression System Company License. The cost of an annual license for a Fire Suppression System Company shall be $25.00. Fire Suppression System Certificate Holder. The cost of an annual certificate for a CERTIFICATE HOLDER of a Fire Suppression System Company shall be $25.00. AMEND APPENDIX E, "CERTIFICATES OF INSPECTION FOR FIRE ALARM SIGNALING SYSTEMS FEES." TO READ AS FOLLOWS: (a) Apartment or other multi-family dwellings: (1) Five (5) or less than five (5) buildings per complex: $25.00 per system for each fire alarm system; (2) more than five (5) buildings per complex: $15.00 per system for each fire alarm system up to a maximum of twenty (20) buildings. Or a total of $300.00 per complexMaximum fee per complex not to exceed $300 for fire alarm systems. AMEND APPENDIX E, "CERTIFICATES OF INSPECTION FOR FIRE SUPPRESSION SYSTEMS FEES." TO READ AS FOLLOWS: (b) Apartment or other multi-family dwellings: (1) Five (5) or less than five (5) buildings per complex: $25.00 per system for each fire suppression system; (2) more than five (5) buildings per complex: $15.00 per system for each fire suppression system up to a maximum of twenty (20) buildings. Or a total of $300.00 per complexMaximum fee per complex not to exceed $300 for fire suppression systems. AMEND APPENDIX E, DETAILED FEE LIST, " FIRE ALARM CERTIFICATE OF INSPECTION PER SYSTEM" TO READ AS FOLLOWS: Exception: Apartment or other multi-family dwellings: (1) Five (5) or less than five (5) buildings per complex: $25.00 per system for each fire alarm system; (2) more than five (5) buildings per complex: $15.00 per system for each fire alarm system up to a maximum of twenty (20) buildings. Or a total of $300.00 per complexMaximum fee per complex not to exceed $300 for fire alarm systems. AMEND APPENDIX E, DETAILED FEE LIST, " FIRE SUPPRESSION CERTIFICATE OF INSPECTION PER SYSTEM" TO READ AS FOLLOWS: Exception: Apartment or other multi-family dwellings: (1) Five (5) or less than five (5) buildings per complex: $25.00 per system for each fire suppression system; (2) more than five (5) buildings per complex: $15.00 per system for each fire suppression system up to a maximum of twenty (20) buildings. Or a total of $300.00 per complexMaximum fee per complex not to exceed $300 for fire suppression systems. AMEND APPENDIX E, DETAILED FEE LIST BY ADDING THE FOLLOWING: Fire Alarm Central Station, Remote Station, or Monitoring Service or Company License - $25.00 In House Fire Alarm Signaling System License (per system) - $100 In House Fire Suppression System License (per system) - $100 DEPARTMENT OF ADMINISTRATIVE SERVICESDIVISION OF PROFESSIONAL REGULATION BOARD OF EXAMINERS IN OPTOMETRY24 DE Admin. Code 2100 Statutory Authority: 24 Delaware Code, Section 2104(a)(1) (24 Del.C. §2104(a)(1)) PUBLIC NOTICE The Delaware Board of Examiners in Optometry is proposing an amendment to Rule 3.1 of its rules and regulations pursuant to 24 Del.C. §2104(a)(1) and 29 Del.C.§10115. The Board proposes to amend Rule 3.1. to clarify that an internship is to be done in a private practice setting in the State of Delaware, or other Board approved setting, under the supervision of a licensed optometrist or ophthalmologist to ensure that the clinical setting for the intern is in keeping with the standard of care in Delaware. The Board will accept written comments from July 1, 2004 through July 31, 2004. The Board will hold a public hearing on the proposed amendment on August 26, 2004 at 6:30 p.m. in the second floor conference room in the Division of Professional Regulation, Cannon Building, 861 Silver Lake Boulevard, Suite 203, Dover, DE 19904-2467. Written comments should be submitted to Jane Youmans, Administrative Specialist, Division of Professional Regulation, at the same above-listed address. The proposed amendment to Rule 3.1. is as follows: 3.0 Internship 3.1An internship is a course of study in which applicants receive part of their clinical training in a Board approved private practice setting in Delaware, or other Board approved setting, under the supervision of a licensed optometrist or ophthalmologist. An active, licensed Optometrist or Ophthalmologist may act as a supervisor. Any applicant’s participation in such an internship program must be approved by the Board and is subject to the following terms and conditions: 3.1.1A letter from the practitioner with whom the applicant will be interning stating the goals, duties and the number of hours he/she will be working. If the applicant is not doing his/her internship with a therapeutically certified optometrist or ophthalmologist, he/she must also complete an additional one hundred (100) hours of clinical internship with a therapeutically certified Optometrist, Medical doctor or Osteopathic physician. 3.1.2Each applicant who will be participating in the internship program must provide the name and address of the supervisor and the dates of the internship for approval by the Board before the internship may begin provided that, in the event an applicant has made a good faith effort to submit all necessary licensure materials for approval of the internship, and in the event that the Board is unable to meet to review said licensure materials due to the absence of a sufficient number of statutorily appointed Board members, as occurred in July-August, 2003, the Board may approve said internship starting as of the date when the applicant has submitted all licensure materials. 3.1.3A letter must be received by the Board from the supervisor verifying the completion of the internship. 3.1.4For purposes of this Section and 29 Del.C.§2110, the term “duration” shall be defined as “a period of no less than six (6) months and no greater than the period ending on the date of the next Board meeting following the end of the six (6) month period.” No intern may practice on a temporary license beyond the duration of the internship. 3.2Subject to the approval requirements stated above, a candidate’s internship requirements may be satisfied while the candidate is a member of the Armed Forces if he/she: 3.2.1Functions as a fully credentialed therapeutically certified optometric practitioner; and (for purposes of this Section equivalent to the Air Force regulations). 3.2.2Performs his optometric duties on a full-time basis in a completely equipped eye clinic. 3.3Full-time: minimum of 35 hours per week. 3.4All supervisors must supervise the interns on a one-to-one basis whenever an applicant performs a task which constitutes the practice of optometry. No supervisor may be a supervisor for more than one intern, or student extern, at a time. Only one intern shall be permitted in any practice for any period of time. 3.5All acts which constitute the practice of optometry under 24 Del.C. §2101(a) may be performed by the intern only under the following conditions: 3.5.1The supervisor shall be on the premises and immediately available for supervision at all times; 3.5.2All intern evaluations of any patient shall be reviewed by the supervisor prior to final determination of the patient’s case before the patient leaves the premises; and 3.5.3A supervisor shall at all times effectively supervise and direct the intern. 3.6A violation of any of the conditions enumerated in this rule may be grounds for the Board to revoke their approval of an internship program. The Board may also revoke its approval of an internship program if it determines that either the supervising optometrist or the intern has engaged in any conduct described by 24 Del.C. §2113(a). Furthermore, any violation of the terms of this rule by a supervising optometrist who is a licensed optometrist shall be considered unprofessional conduct and a violation of 24 Del.C. §2113(a)(7). 2 DE Reg 85 (5/1/99) 7 DE Reg. 912 (1/1/04) * Please Note: As the rest of the sections were not amended they are not being published. A complete set of the Board of Examiners in Optometry rules and regulations are available at: http://www.state.de.us/research/profreg/Frame.htm DEPARTMENT OF EDUCATION14 DE Admin. Code 220 Statutory Authority: 14 Delaware Code, Section 220 (14 Del.C. §220) Education Impact Analysis Pursuant To 14 DEL.C. §122(d) 101 Delaware Student Testing Program A.Type of Regulatory Action Required Amendment to Existing Regulation B.Synopsis of Subject Matter of the Regulation The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code§101 Delaware Student Testing Program in order to correct section 9.2.4.2 as per the requirements of No Child Left Behind. Section 9.2.4.2 has been amended to state that “students who are granted a special exemption shall be included in the participation rate calculation”. This change aligns this regulation with 14 DE Admin Code 103.2.4. Amendments to this section of 14 DE Admin. Code 103 were approved in May 2004. Amendments were also made so that all references made to a student’s parent or guardian include Relative Caregivers. In 1.0 grade K was changed to grade 2 and in 4.1.1 grades K and 1 were removed because they are no longer part of the State Assessment program. C.Impact Criteria 1.Will the regulation help improve student achievement as measured against state achievement standards? The amended regulation addresses student achievement through the student testing program but the changes are technical and related to the requirements of No Child Left Behind. 2.Will the regulation help ensure that all students receive an equitable education? The amendments to the regulation do not address equity issues. 3.Will the regulation help to ensure that all students’ health and safety are adequately protected? The amendments to the regulation do not address health and safety issues. 4.Will the regulation help to ensure that all students’ legal rights are respected? The amendments to the regulation do not address students’ legal rights. 5.Will the regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The amended regulation will preserve the necessary authority and flexibility of decision making at the local board and school level. 6.Will the regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The amended regulation will not place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels. 7.Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The decision making authority and accountability for addressing the subject to be regulated will remain in the same entity. 8.Will the regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The amendments to the regulation will be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies. 9.Is there a less burdensome method for addressing the purpose of the regulation? There is not a less burdensome method for addressing the purpose of the amendments to the regulation. 10.What is the cost to the State and to the local school boards of compliance with the regulation? The amendments to the regulation do not add any additional costs for the State and the local boards. 101 Delaware Student Testing Program 1.0Definition: The Delaware Student Testing Program (DSTP) shall include the assessments of all students in grades K2-10 in the areas of reading, writing and mathematics and the assessments of all students in grades 4, 6, 8, and 11 in the areas of science and social studies. The DSTP shall also include the participation of Delaware students in the National Assessment of Educational Progress (NAEP) as determined by the Department of Education. All districts and charter schools shall participate in all components of the DSTP including field test administrations. 1.1All students in said grades shall be tested except that students with disabilities and students with limited English proficiency shall be tested according to the Department of Education’s Guidelines for the Inclusion of Students with Disabilities and Students with Limited English Proficiency, as the same, may from time to time be amended hereafter. 1.2The Department of Education shall determine the dates upon which the DSTP will be administered, and will advise the school districts and charter schools of those dates. 2.0Levels of Performance: There shall be five levels of student performance relative to the State Content Standards on the assessments administered to students in grades 3, 5, 8 and 10 in reading, mathematics and writing and to students in grades 4, 6, 8 and 11 in social studies and science. In reading, writing and mathematics at grades 3, 5, 8 and 10 and science and social studies at grades 4, 6, 8 and 11 the cut points for Exceeds the Standard and Meets the Standard shall be determined by the Department of Education with the consent of the State Board of Education, using advice from a standard setting body. The standard setting body shall utilize a proven method for setting standards on test instruments that utilizes student work in making the recommendation. Beginning with the 2006 assessments, there shall be the same five levels of performance for students in grades 4, 6, 7 and 9 in reading, mathematics and writing.Said levels are defined and shall be determined as follows: 2.1Distinguished Performance (Level 5): A student's performance in the tested domain is deemed exceptional. Students in this category show mastery of the Delaware Content Standards beyond what is expected of students performing at the top of the grade level. Student performance in this range is often exemplified by responses that indicate a willingness to go beyond the task, and could be classified as "exemplary." The cut points for Distinguished Performance shall be determined by the Department of Education. 2.2Exceeds the Performance Standard (Level 4): A student's performance in the tested domain goes well beyond the fundamental skills and knowledge required for students to Meet the Performance Standard. Students in this category show mastery of the Delaware Content Standards beyond what is expected at the grade level. Student performance in this range is often exemplified by work that is of the quality to which all students should aspire, and could be classified as "very good." The cut points for Exceeds the Performance Standard shall be determined by the Department of Education, with the consent of the State Board of Education. 2.3Meets the Performance Standard (Level 3): A student's performance in the tested domain indicates an understanding of the fundamental skills and knowledge articulated in the Delaware Content Standards. Students in this category show mastery of the Delaware Content Standards at grade level. Student performance in this range can be classified as "good." The cut points for Meets the Performance Standard shall be determined by the Department of Education with the consent of the State Board of Education. 2.4Below the Performance Standard (Level 2): A student's performance in the tested domain shows a partial or incomplete understanding of the fundamental skills and knowledge articulated in the Delaware Content Standards. Students who are Below the Performance Standard may require additional instruction in order to succeed in further academic pursuits, and can be classified as academically “deficient.” The cut points for Below the Performance Standard shall be determined by the Department of Education, with the consent of the State Board of Education. 2.5Well Below the Performance Standard (Level 1): A student's performance in the tested domain shows an incomplete and a clearly unsatisfactory understanding of the fundamental skills and knowledge articulated in the Delaware Content Standards. Students who are Well Below the Performance Standard have demonstrated broad deficiencies in terms of the standards indicating that they are poorly prepared to succeed in further academic pursuits and can be classified as “very deficient.” The cut points for Well Below the Performance Standard shall be determined by the Department of Education, with the consent of the State Board of Education. 7 DE Reg. 51 (7/1/03) 3.0Other Indicators of Student Performance 3.1Local school districts and charter schools may consider other indicators of student performance relative to the state content standards pursuant to 14 Del.C. §153(b)when determining the placement of students who score at Level 1 or Level II on a mandated retake of a portion of the DSTP. Pursuant to 14 Del.C. §153(d)(2) and 153(d)(12), local school districts and charter schools may also consider other indicators of student performance relative to the state content standards when determining if a student may advance to the next grade level without attending summer school. The only other indicators of student performance that may be considered by a local school district or charter school are: student performance on district administered tests pursuant to 14 Del.C. §153(e)(1); student performance on end-of-course assessments; student classroom work products and classroom grades supported by evidence of student work that demonstrates a student’s performance pursuant to 14Del.C. §153(a). 3.2Any local school district or charter school planning to use other indicators of student performance shall submit the proposed indicators to the Department of Education by September 1st of each year. 3.2.1Any such submission must include a demonstration of how an indicator of student performance aligns with and measures state content standards and the level of performance required to demonstrate performance equivalent to meeting state content standards. 3.2.2Any proposed indicators of student performance must be approved by the Department of Education following consultation with the Student Assessment and Accountability Committee and the State Board of Education. 3.3An academic review committee composed of educators in the student’s local school district or charter school may then determine if a student has demonstrated proficient performance relative to the state content standards using evidence from the other indicators of student performance as approved by the Department of Education. 3.3.1The academic review committee shall be composed of two classroom teachers from the student’s tested grade, one classroom teacher from the grade to which the student may be promoted, one guidance counselor or other student support staff member and two school building administrators. 3.3.2The supervisor of curriculum or instruction for the school district or charter school or his/ her designee shall chair the committee. 3.3.3Placement of students with disabilities who are eligible for special education and related services is determined by the student’s IEP team. 7 DE Reg. 325 (9/1/03) 4.0Individual Improvement Plan (IIP) 4.1The following students are required to have an Individual Improvement Plan:Students who score below Level 3 Meets the Standard, on the reading portion of the 3rd, 5th or 8th grade Delaware Student Testing Program or the mathematics portion of the 8th grade Delaware Student Testing Program shall have an Individual Improvement Plan prepared by school personnel and signed by the teacher(s), principal or designee and a parent or legal guardian of the studentthe student’s parent, guardian or Relative Caregiver. 4.1.1Students assessed on the DSTP in grades K, 1, 2, 4, 6, 7, and 9 who are not progressing satisfactorily toward the standards or who score at Level 1 or Level 2 in reading shall have an Individual Improvement Plan prepared by school personnel and signed by the teacher(s), principal or designee and a parent or legal guardian of the student. Students assessed on the DSTP in grades 6, 7, and 9 who are not progressing satisfactorily toward the standards or who score at Level 1 or Level 2 in mathematics shall have an Individual Improvement Plan prepared by school personnel and signed by the teacher(s), principal or designee and a parent or legal guardian of the student the student’s parent, guardian or Relative Caregiver. 4.2The Individual Improvement Plan shall be on a form adopted by the student’s school district or charter school. The IIP shall be placed in a student’s cumulative file and shall be updated based on the results of further assessments. Such assessments may include further DSTP results as well as local assessments, classroom observations or inventories. For students with an Individualized Education Program (IEP), the IEP shall serve as the Individual Improvement Plan (IIP). 4.3The Individual Improvement Plan shall at a minimum identify a specific course of study for the student that the school will provide and the academic improvement activities that the student shall undertake to help the student progress towards meeting the standards. Academic improvement activities may include mandatory participation in summer school, extra instruction and/or mentoring programs. 4.4Individual Improvement Plan shall be prepared by school personnel and signed by the teacher(s), principal or designee and the parent or legal guardian of the student the student’s parent, guardian or Relative Caregiver who. A parent or the student’s legal guardian must sign and return a copy of the student’s Individual Improvement Plan to the student’s school by the end of the first marking period. 4.5Disputes initiated by a student’s parent or legal guardian concerning the student’s IIP shall be decided by the academic review committee. Any dispute concerning the content of a student’s IEP is subject to resolution in conformity with the Regulations, Children with Disabilities. 7 DE Reg. 51 (7/1/03) 5.0Summer school programs for students in grades 3, 5, and 8 as required pursuant to 14 Del.C. § 153. 5.1Summer school programs shall be provided by the student’s district of residence with the following exceptions: 5.1.1Where a student attends another district as a result of school choice or attends a charter school the district of choice or charter school shall provide the summer school program. 5.1.2Where by mutual agreement of both districts or a charter school and the parent or guardian of the student the student’s parent, guardian or Relative Caregiver, another district provides services. 5.1.3Where by mutual agreement of the student’s school district or a charter school and the student’s parent or guardianparent, guardian or Relative Caregiver, the parent or guardianthe parent, guardian or Relative Caregiver, arranges for summer school instruction to be provided outside the public school system. Under such conditions the parent or guardianthe parent, guardian or Relative Caregivershall be responsible for the cost of providing non-public school instruction unless the districts or the charter school and parents or guardian agree otherwise. Requirements for secondary testing shall be met. 5.1.4Where a student has been offered admission into a vocational technical school district or charter school that district or charter school may provide summer school services. 6.0High School Diploma Index As Derived from the 10thGrade Assessments Pursuant to 14 Del.C. §152. 6.1Students who graduate from a Delaware public high school, as members of the class of 2004 and beyond shall be subject to the diploma index as stated herein. 6.1.1Beginning in 2002 for the graduating class of 2004, the Department shall calculate a diploma index based upon the student’s grade 10 Delaware Student Testing Program performance levels in reading, writing, and mathematics. 6.1.2Beginning in 2005 for the graduating class of 2006, the Department shall calculate a diploma index based upon the student’s grade 10 Delaware Student Testing Program performance levels in reading, writing, mathematics and the grade 11 Delaware Student Testing Program performance levels in science and social studies. 6.2A student may choose to participate in additional scheduled administrations of the DSTP in order to improve his/her diploma index. The highest earned performance level in each content area will be used in calculating the diploma index. 6.3The diploma index shall be calculated by multiplying the earned performance level in each content area by the assigned weight and summing the results. 6.3.1Beginning with the year 2002, the assigned weights shall be .40 for reading, .40 for mathematics, and .20 for writing for the graduating class of 2004 and 2005. 6.3.2Beginning with the year 2005, the assigned weights shall be .20 for reading, .20 for mathematics, .20 for writing, .20 for science and .20 for social studies for the graduating class of 2006 and beyond. 6.4Students shall qualify for State of Delaware High School diplomas as follows: 6.4.1A student shall be awarded a Distinguished State Diploma upon attainment of a diploma index greater than or equal to 4.0 provided that the student has attained a Performance Level 3 or higher in each content area and provided that the student has met all other requirements for graduation as established by the State and local districts or charter schools. 6.4.2A student shall be awarded a Standard State Diploma upon attainment of a diploma index greater than or equal to 3.0 and provided that the student has met all other requirements for graduation as established by the State and local districts or charter schools. 6.4.3A student shall be awarded a Basic State Diploma upon attainment of a diploma index less than 3.0 and provided that the student has met all other requirements for graduation as established by the State and local districts or charter schools. 6.5Parent or Guardian NotificationParent, Guardian or Relative Caregiver Notification: Within 30 days of receiving student performance levels and/or diploma indices, school districts and charter schools shall provide written notice of the same and the consequences thereof to the student’s parent or legal guardianthe student’s parent, guardian or Relative Caregiver. 7 DE Reg. 51 (7/1/03) 7.0Security and Confidentiality: In order to assure uniform and secure procedures, the Delaware Student Testing Program shall be administered pursuant to the Delaware Student Testing Program Coordinators Handbook, as the same, may from time to time be amended hereafter. 7.1Every district superintendent, district test coordinator, school principal, school test coordinator and test administrator shall sign the certification provided by the Department of Education regarding test security before, during and after test administration. 7.2Violation of the security or confidentiality of any test required by the Delaware Code and the Regulations of the Department of Education shall be prohibited. 7.3Procedures for maintaining the security and confidentiality of a test shall be specified in the appropriate test administration materials in 14 Del.C. §170 through §174. 7.4Procedures for Reporting Security Breaches 7.4.1School Test Coordinators shall report any questionable situations to the District Test Coordinators immediately. 7.4.2District Test Coordinators shall report all situations immediately to the State Director of Assessment and Analysis. 7.4.2.1Within 5 days of the incident the District Test Coordinator shall file a written report with the State Director of Assessment and Analysis that includes the sequence of events leading up to the situation, statements by everyone interviewed, and any action either disciplinary or procedural, taken by the district. 7.4.2.2Following a review of the report by the State Director of Assessment and Analysis and the Associate Secretary of Education for Assessment and Accountability, an investigator from the State Department of Education will be assigned to verify the district report. 7.4.2.3Within 10 days of the receipt of the report from the District Test Coordinator, the assigned investigator shall meet with the district personnel involved in the alleged violation. The meeting will be scheduled through the District Test Coordinator and the investigator shall be provided access to all parties involved and/or to any witnesses. 7.4.2.4The investigator shall report the findings to the Associate Secretary for Assessment and Accountability. Following the review the Associate Secretary shall make a ruling describing any recommendations and or required actions. 7.4.2.5The ruling shall be delivered within 10 days of the receipt of all reports and information and records shall be kept of all investigations. 8.0Procedures for reviewing questions and response sheets from the Delaware Student Testing Program (DSTP) 8.1School personnel, local school board members and the public may request to review the Delaware Student Testing Program (DSTP) questions. In order to review the DSTP questions individuals shall make a request in writing to the State Director of Assessment and Analysis for an appointment at the Department of Education. 8.1.1At the time of the appointment, the individual shall: provide proper identification upon arrival, sign a confidentiality document, remain with a Department of Education staff member while reviewing the test questions and take nothing out of the viewing area. 8.1.2The Department of Education’s responsibility is to do the following: schedule the review at a mutually agreeable time, notify the local district that the review has been requested, review the procedures for looking at the DSTP questions, assist the individual(s) as requested and keep records of all reviews. 8.1.3In cases where more than one individual is requesting to view the DSTP questions, the local school district shall send a representative to sit in on the review. 8.2Parent/guardian(s) The student’s parent, guardian or Relative Caregiver may request to view the test questions and their student’s responses. In order to review the DSTP questions and their student’s responses, parents/ guardian(s) the student’s parent, guardian or Relative Caregiver shall make a request in writing to the State Director of Assessment and Analysis for an appointment at the Department of Education. The Department shall be allowed sufficient time to secure a copy of student responses from the test vendor. 8.2.1At the time of the appointment, the individual shall: provide proper identification upon arrival, sign a confidentiality document, remain with a Department of Education staff member while reviewing the test questions and take nothing out of the viewing area. 8.2.2The Department of Education’s responsibility is to do the following: schedule the review at a mutually agreeable time, notify the local district that the review has been requested, review the procedures for looking at the DSTP questions, assist the individual(s) as requested and keep records of all reviews. 8.2.3In the case of the stand-alone writing response, the parents/guardian(s) the student’s parent, guardian or Relative Caregiver may go to the local school district or charter school to view the test responses. 4 DE Reg. 464 9/1/00 5 DE Reg. 620 (9/1/01) 9.0Invalidations and Special Exemptions 9.1Invalidations for students in grades 3, 5, 8 and 10 for reading, writing and mathematics and grades 4,6,8 and 11 for science and social studies: Invalidations are events or situations that occur during the administration of the DSTP assessments which may result in a statistically unreliable score report for a student. Invalidations may occur as a result of either: intentional student conduct, including but not limited to cheating and disruptive behavior; or unforeseen and uncontrollable events, including but not limited to onset of illness. 9.1.1Reporting of situations that occur during testing. 9.1.1.1The school building principal or designee shall notify the District Test Coordinator in writing within 24 hours of events or situations that the principal reasonably believes may result in an invalid score report for a student(s). 9.1.1.2The District Test Coordinator shall notify the Department of Education staff person assigned to the district for test security purposes as soon as the Coordinator learns of events or situations which may result in invalidation(s). 9.1.1.2.1The District Test Coordinator shall submit a DSTP Incident Report Form within three business days of the events. Written reports from the building principal or designee and any staff must be included with the DSTP Incident Report Form. 9.1.1.3The Director of Assessment for the Department of Education shall determine whether the reported events warrant invalidating a student(s) score and such decision shall be final. 9.1.1.3.1If the Director determines that the events also warrant a security investigation the matter will be referred to the Department of Education staff person assigned to the district for test security purposes. 9.1.2Consequences of invalidations. 9.1.2.1Whenever the Director of Assessment for the Department of Education determines that a student’s assessment test score is invalid as a result of an intentional act of the student, the student will be assigned a performance level 1 (well below standard) for that assessment and will be subject to such consequences as may otherwise be imposed pursuant to law for students who score at performance level 1 of the assessment; the assessment test score of any such student shall be reported and counted in the test scores of the student’s school for all purposes, including school and district accountability. 9.1.2.2Whenever the Director of Assessment for the Department of Education determines that a student’s assessment test score is invalid as a result of an event which is unforeseen and beyond the control of the student and if the student is unable to participate in a regularly scheduled test make-up, the student shall not be subject to any of the consequences as would otherwise be imposed pursuant to law; the assessment score of any such student shall not be reported or counted in the test scores of the student’s school for any purpose, including school and district accountability. 9.2Special Exemptions for students in grades 3, 5, 8, and 10 for reading, writing and mathematics and grades 4, 6, 8 and 11 for science and social studies: A special exemption may be available when a student’s short-term, physical or mental condition prevents the student from participating in the DSTP assessments even with accommodations, or when an emergency arising before the start of the test prevents the student’s participation. 9.2.1Special exemptions for students who are tested according to the Department of Education’s Guidelines for Inclusion of Students with Disabilities and Students with Limited English Proficiency are also available as provided in the Guidelines. 9.2.2Requests for special exemptions based on physical or mental condition. 9.2.2.1Special exemptions based on a student’s physical or mental condition may be available for students suffering from terminal illnesses or injuries or receiving extraordinary short-term medical treatment for either a physical or psychiatric condition. Requests for exemptions on these grounds shall be accompanied by a signed statement from the student’s treating physician which; describes the nature of the terminal condition or extraordinary treatment; confirms that the terminal condition or the extraordinary treatment arose more than 60 calendar days before the test administration for which the exemption is requested and has substantially prevented the student from accessing educational services since its inception ; and confirms that the condition or treatment is expected to be resolved or completed within 12 months of the test administration. 9.2.2.2The District Test Coordinator shall submit a completed Request for Special Exemption Form to the Director of Assessment for the Department of Education at least 60 calendar days before the first day of testing. A copy of the physician’s statement required in the preceding subsection will accompany the request. 9.2.2.2.1The Director of Assessment shall convene a review committee of not less than three Department of Education staff to review requests for special exemptions. The Director shall submit a recommendation on each request to the Associate Secretary for Assessment and Accountability. 9.2.2.2.2The Associate Secretary shall decide whether a request for a special exemption based on physical or mental conditions should be granted. The Associate Secretary shall notify the District Test Coordinator of the decision. The Associate Secretary’s decision shall be final. 9.2.3Request for special exemptions based on emergency. 9.2.3.1Emergencies are unforeseen events or situations arising no more than 60 calendar days before the start of the test administration. They may include, but are not limited to, death in a student’s immediate family, childbirth, accidents, injuries and hospitalizations. 9.2.3.2Special exemptions due to an emergency may be requested for the entire test or for one or more content areas, as the district determines appropriate. 9.2.3.3The District Test Coordinator shall notify the Director of Assessment for the Department of Education as soon as the Coordinator learns of events or situations which may result in a request for a special exemption due to an emergency. 9.2.3.3.1The District Test Coordinator shall submit a completed DSTP Request for Special Exemption Form to the Director of Assessment for the Department of Education within 7 calendar days of the last day for make up testing. Requests for exemptions on these grounds shall be accompanied by a signed statement from the student’s treating physician which describes the nature of the situation. 9.2.3.3.2The Director of Assessment shall convene a review committee of not less than three Department of Education staff to review requests for special exemptions due to an emergency. The Director shall submit a recommendation on each request to the Associate Secretary for Assessment and Accountability. 9.2.3.3.3The Associate Secretary shall decide whether a request for a special exemption based on an emergency should be granted. The Associate Secretary shall notify the District Test Coordinator of the decision. The Associate Secretary’s decision shall be final. 9.2.4Consequences of Special Exemptions. 9.2.4.1Any special exemption granted by the Department of Education is limited to the testing period for which it was requested and does not carry forward to future test administrations. 9.2.4.2Students who are granted a special exemption shall not be reported or counted in the school’s test scores for any purpose, including school and district accountability. Students who are granted a special exemption shall be included in the participation rate calculation for school and district accountability pursuant to 14 DE Admin. Code 103.2.4 unless their medical condition prevents them from being in school during the testing period. 9.2.4.3Students who are granted a special exemption shall not be subject to any of the student testing consequences for students in grades 3, 5, or 8 for the testing period to which the exemption applies. 5 DE Reg. 2115 (5/1/02) EDUCATION IMPACT ANALYSIS PURSUANT TO 14 DEL.C. Section 122(d) 106 Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II) 107 Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II) 108 Administrator Appraisal Process Delaware Performance Appraisal System (DPAS II) A.Type of Regulatory Action Required Amendment to Existing Regulation B. Synopsis of Subject Matter of the Regulation The Secretary of Education seeks the consent of the State Board of Education to adopt 14 DE Admin. Code 106 Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II), 107 Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II) and 108 Administrator Appraisal Process Delaware Performance Appraisal System (DPAS II). The development of these regulations by the Department of Education was mandated in 14 Del.C. 1270(b). These regulations will replace the three existing regulations for DPAS I, 110 Teachers and Specialists Appraisal Process, 112 Addendum to Teachers and Specialists Appraisal Process and 115 School Level Administrator Appraisal Process on July 1, 2005. The new regulations 106, 107 and 108 have the added component of student achievement as one of the evaluation elements and 108 Administrator Appraisal Process Delaware Performance Appraisal System includes all administrators not just building level administrators. These regulations were previously advertised in Delaware Register of Regulations on March 1, 2004 (Volume 7 Issue 9) and on May 1, 2004 (Volume 7 Issue 11). C.Impact Criteria 1.Will the regulations help improve student achievement as measured against state achievement standards? The regulations are concerned with improving teacher, specialist and administrator quality which relates to student improvement. This is the last piece of the accountability system. 2.Will the regulations help ensure that all students receive an equitable education? The regulations address a staff appraisal process, not equity issues for students. 3.Will the regulations help to ensure that all students’ health and safety are adequately protected? The regulations address a staff appraisal process, not students’ health and safety. 4.Will the regulation help to ensure that all students’ legal rights are respected? The regulations address a staff appraisal process, not students’ legal rights. 5.Will the regulations preserve the necessary authority and flexibility of decision making at the local board and school level? The regulations will preserve the necessary authority and flexibility of decision making at the local board and school level. 6.Will the regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The regulations will require new training and different procedures for the evaluation of staff in Delaware schools. 7.Will the decision making authority and accountability for addressing the subjects to be regulated be placed in the same entity? The decision making authority and accountability for addressing the subjects to be regulated will remain in the same entity. 8.Will the regulations be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The regulations will be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies. 9.Is there a less burdensome method for addressing the purpose of the regulations? The Delaware Code requires that the Department of Education promulgate regulations for a performance appraisal system for teachers, specialists and administrators. 10.What is the cost to the State and to the local school boards of compliance with the regulation? The cost for these new regulations should not be more than the existing appraisal system but the training for the DPAS II may result in increased costs. 106 Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II) 1.0The Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II) shall be effective for only those districts participating in the pilot of this process. 1.1For teachers participating in the pilot, any rating received on a Summative Evaluation conducted during the pilot period shall not be included in the determination of a pattern of ineffective teaching as defined in 7.0. 2.0Definitions “Announced Observation” shall consist of the Pre-Observation Form and conference with the evaluator, an observation by the evaluator at an agreed upon date and time, and the associated formative conferences/reports. The observation shall be of sufficient length, at least twenty (20) minutes, to analyze the lesson and assess performance. “Board” shall mean a local board of education or charter school board of directors. “Certified Evaluator” shall mean the individual, usually the supervisor of the teacher, who has successfully completed the evaluation training in accordance with 9.0. “DPAS” shall mean the Delaware Performance Appraisal System in effect prior to July 1, 2005. “Experienced Teacher” shall mean a teacher who holds valid and current Continuing or Advanced License, or Standard or Professional Status Certificate issued prior to August 1, 2003. “Improvement Plan” shall be the plan that a teacher and evaluator mutually develop in accordance with section 8.0. “Novice Teacher” shall mean a teacher who holds a valid and current Initial License. “Satisfactory Component Rating” shall mean the teacher understands the concepts of the component and the teacher’s performance in that component is acceptable. “Satisfactory Evaluation” shall be used to qualify for a continuing license and shall be equivalent to the overall “Effective” or “Needs Improvement” rating on the Summative Evaluation. “Summative Evaluation” shall be the rating process at the conclusion of the appraisal cycle. “Technical Assistance Document” shall mean the manual that contains the prescribed forms, detailed procedures, specific details about the 5 components of evaluation and other relevant documents that assist in the appraisal process. “Unannounced Observation” shall consist of an observation by the evaluator at a date and time that has not been previously arranged and the associated formative conferences/reports. The observation shall be of sufficient length, at least twenty (20) minutes, to analyze the lesson and assess performance. “Unsatisfactory Component Rating” shall mean that the teacher does not understand the concepts of the component and the teacher’s performance in that component is not acceptable. “Unsatisfactory Evaluation” shall be the equivalent to the overall “Ineffective” rating on the Summative Evaluation. 3.0Appraisal Cycles 3.1Experienced teachers who have earned a rating of “Effective” on their most recent Summative Evaluation shall receive a minimum of one (1) Announced Observation each year with a Summative Evaluation at the end of the one year period. The minimum annual evaluation for an experienced teacher who has earned an effective rating, may be waived for the subsequent year but not for two (2) consecutive years. Up to one half of the experienced teachers in a building who received a rating of “Effective” or “Exemplary” on the most recent DPAS Performance Appraisal may have the annual Summative Evaluation waived. 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 year period. These teachers shall have an Improvement Plan which may require additional observations and other types of monitoring as outlined in the Technical Assistance Document. 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 Technical Assistance Document. 4.0Technical Assistance Document 4.1All districts and charter schools shall use the document entitled Delaware Performance Appraisal System (DPAS) II Technical Assistance Document as developed by the Department of Education to assist in the implementation of the appraisal system. The Technical Assistance Document shall be reviewed biannually by the State Board of Education. Any recommendations for change shall be submitted to the Department of Education for consideration. 4.2The Document 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 including Announced Observation, Unannounced Observation, Summative Evaluation, Improvement Plan and Challenge Form. 4.2.3Specific procedures for observations, conferences, ratings, Summative Evaluation, Improvement Plan(s), and Challenges. 5.0Appraisal Criteria 5.1The following five (5) components shall be the basis upon which the performance of a teacher shall be evaluated by a certified 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 available DSTP/district/school/program data. Goals are appropriate for the learners and reflect high expectations consistent with DSTP levels of performance. 5.1.1.2Designing Coherent Instruction: Teacher plans for learning activities that align with the goals and supports student learning. Instructional planning shows a structure and selection of materials and activities that support student learning relative to the DE content standards. 5.1.1.3Demonstrating Knowledge of Content and Pedagogy: Teacher shows his/her knowledge of content and how to teach it to a variety of learners. The teacher’s plans include natural connections between content areas that deepen student learning. The content that he/she teaches is aligned to the DE content standards. 5.1.1.4Demonstrating Knowledge of Students: Teacher shows an awareness of his/her knowledge of student developmental characteristics, approaches to learning, knowledge, skills, interests, cultural heritage, and DSTP 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 routine procedures 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-student and student-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 make resources accessible to all students. 5.1.3Instruction 5.1.3.1Engaging Students in Learning: Content is appropriate, clear, and links to student knowledge and experience. Content is aligned with the DE content standards and informed by the DSTP instructional needs comments. Activities and assignments engage students in the exploration of the content. Instructional materials are suitable to the instructional goals. The instruction is coherent. 5.1.3.2Demonstrating Flexibility and Responsiveness: Teacher has a repertoire of instructional strategies and makes modifications to lessons as needed. Teacher differentiates instruction based on learner characteristics and DSTP instructional needs comments. 5.1.3.3Communicating Clearly and Accurately: Verbal and written communication is clear and appropriate to students’ age, background, and level 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, its alignment with the DE content standards, and expectations for student performance. Teacher develops 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, emergency contact information, personal information (such as: allergies, medications, accommodations), and behavior. Shares relevant information with appropriate school personnel. 5.1.4.3Growing and Developing Professionally: Teacher participates in professional development to increase his/her knowledge of content and pedagogy. Teacher chooses professional development that is aligned with the needs of the school/district/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. 5.1.5Student Improvement 5.1.5.1Showing Improvement on the DSTP: Teacher uses DSTP data analysis to inform classroom improvement, curriculum and instruction decisions. 5.1.5.2Aligning Assessments to Learning Goals and DSTP: Teacher creates dependable assessments and scoring criteria that accurately measure the learning goals based on the DE content standards and DSTP and classroom performance assessments and that yield data about student needs and progress relative to the content standards measured by the DSTP. 5.2Each of the five (5) components shall be weighted equally and assigned a rating of Satisfactory or Unsatisfactory on the Summative Evaluation. 5.2.1Planning and Preparation 5.2.1.1A satisfactory rating for this component shall mean the teacher demonstrates acceptable performance by meeting at least 4 of the following 5 criteria: 5.2.1.1.1Selects goals that are clear, reflect high expectations, are consistent with DSTP levels of performance, focus on learning, align with Delaware content standards and available DSTP/district/school/program data, and are suitable for the class. 5.2.1.1.2Designs instruction that has a clearly defined structure, is appropriate for students, and matches the selected goals. 5.2.1.1.3Chooses materials and activities that match the goals and engage students in learning. 5.2.1.1.4Displays solid content and pedagogy knowledge and makes connections within the content area and with other content areas that deepen student learning. Displays an understanding of prerequisite knowledge and anticipates student misconceptions. 5.2.1.1.5Displays knowledge of student developmental characteristics, approaches to learning, knowledge, skills, interests, cultural heritage, and DSTP performance levels. 5.2.2Classroom Environment 5.2.2.1A satisfactory rating for this component shall mean the teacher demonstrates acceptable performance by meeting at least 8 of the following 11 criteria: 5.2.2.1.1Posts classroom procedures/rules stated in student friendly terms. 5.2.2.1.2Encourages students in assuming responsibility for following procedures. 5.2.2.1.3Uses transitions appropriately to maximize learning time. 5.2.2.1.4Posts behavioral expectations and consequences in student friendly terms. 5.2.2.1.5Monitors and responds to behavior in effective ways that minimize disruptions. 5.2.2.1.6Discusses classroom procedures/rules with students in ways that show shared valuing of procedures/rules. 5.2.2.1.7Interacts with students and encourages student-student interactions in ways that show rapport and mutual respect. 5.2.2.1.8Displays student work. 5.2.2.1.9Organizes, allocates, and manages physical space in ways that create a safe learning environment. 5.2.2.1.10Uses physical resources in ways that contribute to effective instruction. 5.2.2.1.11Makes resources available to all students. 5.2.3Instruction 5.2.3.1A satisfactory rating for this component shall mean the teacher demonstrates acceptable performance by meeting at least 7 of the following 9 criteria: 5.2.3.1.1Selects content that is aligned with the DE content standards, is appropriate, clear, and links to student knowledge and experience and the DSTP instructional needs comments. 5.2.3.1.2Selects and designs activities and assignments that engage students in the exploration of the content. 5.2.3.1.3Uses instructional materials that are suitable to the instructional goals. 5.2.3.1.4Delivers coherent instruction. 5.2.3.1.5Uses a repertoire of instructional strategies and makes adjustments to lessons as needed. 5.2.3.1.6Differentiates instruction based on learner characteristics and DSTP instructional needs comments. 5.2.3.1.7Communicates clearly in writing and verbally. Communicates in ways appropriate to students’ age, background, and level of understanding. 5.2.3.1.8Asks questions that are appropriate to the content and level of students’ understanding. Encourages students to pose their own questions and is responsive to student questions. 5.2.3.1.9Facilitates student-led discussions. 5.2.4Professional Responsibilities 5.2.4.1A satisfactory rating for this component shall mean the teacher demonstrates acceptable performance by meeting at least 5 of the following 7 criteria: 5.2.4.1.1Shares information, in a variety of ways, about the school’s educational program, its alignment with the DE content standards, and expectations for student performance. 5.2.4.1.2Develops two-way communication with families about student progress, behavior, and personal needs or concerns. 5.2.4.1.3Responds to families in a timely and appropriate way. 5.2.4.1.4Develops and maintains a record keeping system that is up-to-date, well-organized, accurate, and complete. 5.2.4.1.5Shares relevant student information with appropriate school personnel. 5.2.4.1.6Participates in professional development to increase knowledge of content and pedagogy. Chooses professional development that is clearly aligned with the needs of the school/district/and students. 5.2.4.1.7Engages in reflective thinking as an individual, as a team participant, or school/community member with the goal of improving instruction and learning. 5.2.5Student Improvement 5.2.5.1A satisfactory rating shall mean the teacher demonstrates acceptable performance in this component by meeting all of the criteria set forth below: 5.2.5.1.1The state progress determination pursuant to 14 DE Admin Code 103 5.0 for the school in which the teacher teaches is Meets or Above Target. If the State Progress Determination is Below Target, the teacher shall meet this requirement by meeting 5.2.5.1.2, 5.2.5.1.3, 5.2.5.1.4 and 5.2.5.1.5. 5.2.5.1.2For the aggregate group of students taught by the teacher for the previous two years the average scale scores on the DSTP in reading and math have increased, excluding those students pursuant to 14 Del.C§1270(c). 5.2.5.1.3The average scale score for the groups of students disaggregated by race/ethnicity, LEP, Special education and low income have increased for the previous two (2) years on the DSTP in reading and math, provided that there were a minimum of ten (10) students in a subgroup, excluding those students pursuant to 14 Del.C§1270(c). If there were less than ten (10) students in a subgroup, the subgroup shall not be considered for these criteria. 5.2.5.1.4The students currently being instructed in the teacher’s classroom in the aggregate have shown improvement on classroom based assessments, excluding those students pursuant to 14 Del.C §1270(c). 5.2.5.1.5The students currently being instructed in the teacher’s classroom disaggregated by race/ethnicity, LEP, special education and low income have shown improvement on classroom based assessments, provided that there were a minimum of five (5) students in a subgroup, excluding those students pursuant to 14 Del.C§1270(c). If there were less than five (5) students in a subgroup, the subgroup shall not be considered for these criteria. 6.0Summative Evaluation Ratings 6.1The Summative Evaluation shall include ratings of Satisfactory or Unsatisfactory on each of the five (5) components pursuant to 5.0. 6.2The Summative Evaluation shall also include one of three overall ratings: “Effective”, “Needs Improvement”, or “Ineffective”. 6.2.1Effective shall mean that the teacher has received Satisfactory Component ratings in Component 5, Student Improvement and in at least three (3) of the other four (4) components of the appraisal criteria. 6.2.2Needs Improvement shall mean that the teacher has received at least three (3) Satisfactory Component ratings out of the five (5) components of the appraisal criteria. 6.2.2.1A teacher who has received an unsatisfactory rating on the student improvement component may have their next Summative Evaluation delayed until the Delaware Student Testing Program (DSTP) data is available for the current group of students the teacher is instructing. 6.2.3Ineffective shall mean that the teacher has received three (3) or more Unsatisfactory Component ratings out of the five (5) components of the appraisal criteria. 6.2.3.1A teacher who has received an unsatisfactory rating on the student improvement component may have their next Summative Evaluation delayed until the Delaware Student Testing Program (DSTP) data is available for the current group of students the teacher is instructing. 6.2.3.2If 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. 7.0A pattern of ineffective teaching shall be based on the most recent appraisal 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 appraisal ratings shall be determined to be a pattern of ineffective teaching: Ineffective Ineffective Needs Improvement Ineffective Needs Improvement Needs Improvement Needs Improvement Ineffective Ineffective Needs Improvement Ineffective Ineffective Needs Improvement Needs Improvement Needs Improvement Ineffective Ineffective 8.0Improvement Plan 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 (Unsatisfactory Component Rating) on any component on the Summative Evaluation regardless of the overall rating. 8.1.1An Improvement Plan shall also be developed if a teacher’s performance during an observed lesson is unsatisfactory. This unsatisfactory performance shall be noted by the evaluator on the Formative Feedback form by typing “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 completion of the plan. 9.0Evaluator Credentials 9.1Evaluators 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. 9.2The training for the certificate of completion shall include techniques of observation and conferencing, content and relationships of frameworks for teaching training and a thorough review of the Technical Assistance Document. Activities in which participants practice implementation of DPAS II procedures shall be included in the training. 9.3The credentialing process shall be conducted by the Department of Education. 10.0Challenge Process 10.1A 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 by submitting additional information specific to the point of disagreement in writing within ten (10) 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. 10.1.1Within ten (10) working days of receiving the written challenge, the supervisor of the evaluator shall review the record which consists of the Pre-observation Form(s), the Formative Feedback Form(s), the Summative Evaluation and the written challenge, and issue a written decision. 10.1.2If the challenge is denied, the decision shall state the reasons for denial. 10.1.3The decision of the supervisor of the evaluator shall be final. 107 Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II) 1.0The Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II) shall be effective for only those districts participating in the pilot of this process. 1.1For specialists participating in the pilot, any rating received on a Summative Evaluation conducted during the pilot period shall not be included in the determination of a pattern of ineffective practice as defined in 7.0. 1.2Specialist shall mean a licensed and certificated staff person who is part of the school team and delivers professional services to students, teachers, staff and/or families. Specialists include but are not limited to guidance counselors, instructional support specialists, library media specialists, school psychologists, school nurses, student support specialists, and therapeutic services specialists. 2.0Definitions “Announced Observation” shall consist of the Pre-Observation Form and conference with the evaluator, an observation by the evaluator at an agreed upon date and time, and the associated formative conferences/reports. The observation for the specialist may be a collection of data over a specified period of time, up to four (4) weeks, or it may be an observation of sufficient length to gather appropriate data but not less than twenty (20) minutes. “Board” shall mean a local board of education or a charter school board of directors. “Certified Evaluator” shall mean the individual, usually the supervisor of the specialist, who has successfully completed the evaluation training in accordance with 9.0. “DPAS” shall mean the Delaware Performance Appraisal System in effect prior to July 1, 2005. “Experienced Specialist” is a specialist who holds a valid and current Continuing or Advanced License, or Standard or Professional Status Certificate issued prior to August 1, 2003 or holds a valid and current license from their respective licensure body. “Improvement Plan” shall be the plan that a specialist and evaluator mutually develop in accordance with section 8.0. “Novice Specialist” is a specialist who holds a valid and current Initial License or holds a valid and current license from their respective licensure body and has less than three (3) years of experience as a specialist. “Satisfactory Component Rating” shall mean the specialist understands the concepts of the component and the specialist’s performance in that component is acceptable. “Satisfactory Evaluation” shall be used to qualify for a continuing license and shall be equivalent to the overall “Effective” or “Needs Improvement” rating on the Summative Evaluation. “Summative Evaluation” shall be the rating process at the conclusion of the appraisal cycle. “Technical Assistance Document” shall mean the manual that contains the prescribed forms, detailed procedures, evaluation criteria and other relevant documents that assist in the appraisal process. “Unannounced Observation” shall consist of an observation by the evaluator at a date and time that has not been previously arranged and the associated formative conferences/reports. The unannounced observation for the specialist may be an observation of sufficient length to gather appropriate data but not less than twenty (20) minutes. “Unsatisfactory Component Rating” shall mean that the specialist does not understand the concepts of the component and the specialist’s performance in that component is not acceptable. “Unsatisfactory Evaluation” shall be the equivalent to the overall “Ineffective” rating on the Summative Evaluation. 3.0Appraisal Cycles 3.1Experienced specialists who have earned a rating of “Effective” on their most recent Summative Evaluation shall receive a minimum of one (1) Announced Observation each year with a Summative Evaluation at the end of the one year period. This minimum annual evaluation for an experienced specialist who has earned an effective rating may be waived for the subsequent year but not for two (2) consecutive years. Up to one half of the experienced specialists in a building who received a rating of “Effective” or “Exemplary” on the most recent DPAS Performance Appraisal Summative Evaluation may have the annual Summative Evaluation waived. 3.2Experienced specialists 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 year period. These specialists shall have an Improvement Plan which may require additional observations and other types of monitoring as outlined in the Technical Assistance Document. 3.3Novice specialists 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 specialists 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 Technical Assistance Document. 4.0Technical Assistance Document 4.1 All districts and charter schools shall use the document entitled Delaware Performance Appraisal System (DPAS) II Technical Assistance Document as developed by the Department of Education to assist in the implementation of the appraisal system. The Technical Assistance Document shall be reviewed biannually by the State Board of Education. Any recommendations for change shall be submitted to the Department of Education for consideration. 4.2The Document 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 including Announced Observation, Unannounced Observation, Summative Evaluation, Improvement Plan and Challenge Form. 4.2.3Specific procedures for observations, conferences, ratings, Summative Evaluation, Improvement Plan(s), and Challenges. 5.0Appraisal Criteria 5.1The following five (5) components shall be the basis upon which the performance of a specialist shall be evaluated by a certified evaluator: 5.1.1Planning and Preparation 5.1.1.1Designing Coherent Programs or Services: Specialist designs activities and plans for services that support the needs of the students/clients/school/district. 5.1.1.2Demonstrating Knowledge of Best Practice and Models of Delivery: Specialist uses practices and models of delivery that are aligned with local and national standards. 5.1.1.3Demonstrating Knowledge of Students/Clients: Specialist shows knowledge of the needs and characteristics of the students/clients, including their approaches to leaning, knowledge, skills, and interests. 5.1.1.4Demonstrating Knowledge of Resources: Specialist selects appropriate resources, either within or outside of the school, that supports the goals of the program. 5.1.2Professional Practice and Delivery of Services 5.1.2.1Creating an Environment to Support Student/Client Needs: Specialist creates an environment in which student/client needs are identified and valued. Specialist/student/client interactions show rapport that is grounded in mutual respect. 5.1.2.2Demonstrating Flexibility and Responsiveness: Specialist has a repertoire of instructional or professional strategies and makes modifications to services based on needs of the students/clients. 5.1.2.3Communicating Clearly and Accurately: Verbal and written communication is clear and appropriate to students’/clients’ age, background, needs, or level of understanding. 5.1.2.4Delivering Services to Students/Clients: Specialist is responsive to the identified needs of the students/clients and meets standards of professional practice. The resources and materials are suitable and match the needs of the students/clients. The delivery of service is coherent. 5.1.3Professional Collaboration and Consultation 5.1.3.1Collaborating with Others: Specialist develops partnerships with school staff or external agencies to provide integrated services that meet student/client needs. 5.1.3.2Serving as a Consultant to the School Community: Specialist shares expertise with school staff to assist them in their work or to respond to school-wide issues, problems, or concerns. 5.1.3.3Providing Resources and Access: Specialist provides school-based resources to appropriate staff/students/clients or gives information about the effective use of the resources. 5.1.3.4Maintaining Standards of Professional Practice: Specialist adheres to his/her professional standards of practice, including issues surrounding confidentiality. 5.1.4Professional Responsibilities 5.1.4.1Communicating with Families and School Staff: Specialist shares information in a variety of ways about school programs available to students and families. Specialist develops two-way communication with school staff and families about student progress, behavior, personal needs, or concerns. 5.1.4.2Developing a Record System: Specialist keeps student/client records relevant to their services and shares information with appropriate school personnel. 5.1.4.3Growing and Developing Professionally: Specialist participates in professional development to increase his/her knowledge of professional practice and delivery of service. Specialist chooses professional development that is aligned with the needs of the school/district/students/clients. 5.1.4.4Reflecting on Professional Practice: Specialist engages in reflective thinking as an individual, as a team participant, or as a school/community member with the goal of improving professional practice and delivery of service. 5.1.5Student Improvement 5.1.5.1Showing Improvement on the DSTP: Specialist uses DSTP data analysis to inform school improvement and program decisions and participates in school improvement work. 5.1.5.2Using Assessments to Promote Student/Client Improvement: Specialist creates or uses dependable assessments that accurately measure student/client needs, status, or performance and uses the assessment results to design services or programs to promote improvement. 5.2Each of the five (5) components shall be weighted equally and assigned a rating of Satisfactory or Unsatisfactory on the Summative Evaluation. 5.2.1Planning and Preparation 5.2.1.1A satisfactory rating for this component shall mean the specialist demonstrates acceptable performance by meeting at least 3 of the following 4 criteria: 5.2.1.1.1Consistently designs activities and plans for service that support the needs of the students/clients/ school/district. 5.2.1.1.2Effectively uses practices and models of delivery that are aligned with local and national standards. 5.2.1.1.3Shows a deep knowledge of the needs and characteristics of the students/clients and their approaches to learning, knowledge, skills, and interests. 5.2.1.1.4Selects appropriate resources, either within or outside of the school, that support the goals of the program. 5.2.2Professional Practice and Delivery of Services 5.2.2.1A satisfactory rating for this component shall mean the specialist demonstrates acceptable performance by meeting at least 5 of the following 7 criteria: 5.2.2.1.1Creates an environment in which student/client needs are identified and valued. 5.2.2.1.2Interacts with students/clients in ways that show rapport and that is grounded in mutual respect. 5.2.2.1.3Has an extensive repertoire of instructional or professional strategies and makes effective modifications to services based on needs of the students/clients. 5.2.2.1.4Communicates clearly and appropriately with regard to students’/clients’ age, background, needs, or level of understanding. 5.2.2.1.5Provides services that are responsive to the identified needs of the students/clients and meets standards of professional practice. 5.2.2.1.6Selects resources and materials that are suitable and match the needs of the students/clients. 5.2.2.1.7Delivers coherent services. 5.2.3Professional Collaboration and Consultation 5.2.3.1A satisfactory rating for this component shall mean the specialist demonstrates acceptable performance by meeting at least 4 of the following 5 criteria: 5.2.3.1.1Develops partnerships with school staff or external agencies to provide integrated services that meet student/client needs. 5.2.3.1.2Shares expertise with school staff to assist them in their work or responds to school-wide issues, problems, or concerns. 5.2.3.1.3Provides school-based resources to appropriate staff/students/clients or gives appropriate information about the effective use of the resources. 5.2.3.1.4Assists staff/students/clients in gaining access to resources outside of the school community that will meet identified needs. 5.2.3.1.5Adheres to professional standards of practice, including issues surrounding confidentiality. 5.2.4Professional Responsibilities 5.2.4.1A satisfactory rating for this component shall mean the specialist demonstrates acceptable performance by meeting at least 5 of the following 7 criteria: 5.2.4.1.1Shares information in a variety of ways about school programs available to students and families. 5.2.4.1.2Develops two-way communication with school staff and families about student progress, behavior, personal needs, or concerns. 5.2.4.1.3Keeps accurate and up-to-date student/client records relevant to provided services. 5.2.4.1.4Shares information with appropriate school personnel. 5.2.4.1.5Participates in professional development to increase knowledge of professional practice and delivery of service. 5.2.4.1.6Chooses professional development that is aligned with the needs of the school/district/ students/clients. 5.2.4.1.7Engages in reflective thinking as an individual, as a team participant, or as a school/community member with the goal of improving professional practice and delivery of service. 5.2.5Student Improvement 5.2.5.1A satisfactory rating shall mean the specialist demonstrates acceptable performance in this component by meeting all of the criteria set forth below: 5.2.5.1.1The state progress determination pursuant to 14 DE Admin Code 103 5.0 for the school in which the specialist serves is Meets or Above Target. If the State Progress Determination is Below Target, the specialist shall meet this requirement by meeting 5.2.5.1.2, 5.2.5.1.3 and 5.2.5.1.4. 5.2.5.1.2The average scale score for the aggregate group of students served by the specialist for the previous two (2) years on the DSTP in reading and math have increased, excluding those students pursuant to 14 DE Code 1270 ©). 5.2.5.1.3The average scale score for the groups of students disaggregated by race/ethnicity, LEP, Special education and low income have increased for the previous two (2) years on the DSTP in reading and math, provided that there were a minimum of ten (10) students in a subgroup, excluding those students pursuant to 14 DE Code 1270(c). If there were less than ten (10) students in a subgroup, the subgroup shall not be considered for these criteria. 5.2.5.1.4The specialist can demonstrate specific contributions to students or staff which contribute to improved student achievement. 6.0Summative Evaluation Ratings 6.1The Summative Evaluation shall include ratings of Satisfactory or Unsatisfactory on each of the five (5) components pursuant to 5.0. 6.2The Summative Evaluation shall also include one of three overall ratings: “Effective”, “Needs Improvement” or “Ineffective”. 6.2.1Effective shall mean that the specialist has received Satisfactory Component ratings in Component 5, Student Improvement and in at least three (3) of the other four (4) components of the appraisal criteria. 6.2.2Needs Improvement shall mean that the specialist has received at least three (3) Satisfactory Component ratings out of the five (5) components of the appraisal criteria. 6.2.2.1A specialist who has received an unsatisfactory rating on the student improvement component may have their next Summative Evaluation delayed until the Delaware Student Testing Program (DSTP) data is available for the current group of students being served by the specialist. 6.2.3Ineffective shall mean that the specialist has received three (3) or more Unsatisfactory Component ratings out of the five (5) components of the appraisal criteria. 6.2.3.1A specialist who has received an unsatisfactory rating on the student improvement component may have their next Summative Evaluation delayed until the Delaware Student Testing Program (DSTP) data is available for the current group of students being served by the specialist. 6.2.3.2If a specialist’s overall Summative Evaluation rating is determined to be “Needs Improvement” for the third consecutive year, the rating shall be re-categorized as Ineffective. 7.0A pattern of ineffective practice shall be based on the most recent appraisal ratings of a specialist using the DPAS II process. Two consecutive ratings of Ineffective shall be deemed as a pattern of ineffective practice. The following appraisal ratings shall be determined to be a pattern of ineffective practice: Ineffective Ineffective Needs Improvement Ineffective Needs Improvement Needs Improvement Needs Improvement Ineffective Ineffective Needs Improvement Ineffective Ineffective Needs Improvement Needs Improvement Needs Improvement Ineffective Ineffective 8.0Improvement Plan 8.1An Improvement Plan shall be developed for a specialist who receives an overall rating of Needs Improvement or Ineffective on the Summative Evaluation or a rating of Unsatisfactory (Unsatisfactory Component Rating) on any component on the Summative Evaluation regardless of the overall rating. 8.1.1An Improvement Plan shall also be developed if a specialist’s performance during an observation is unsatisfactory. Thi