DEPARTMENT OF AGRICULTURE Harness Racing Commission Statutory Authority: 3 Delaware Code, Section 10005 (3 Del.C. §10005) 3 DE Admin. Code 501 ORDER 501 Harness Racing Rules and Regulations Pursuant to 29 Del.C. §10118 and 3 Del.C. §10005, the Delaware Harness Racing Commission issues this Order adopting proposed amendments to the Commission’s Rules. Following notice and a public hearing on April 10, 2007, the Commission makes the following findings and conclusions: SUMMARY OF THE EVIDENCE 1. The Commission posted public notice of the proposed amendments in the March 1, 2007 Register of Regulations and for two consecutive weeks in The News Journal and Delaware State News. The Commission proposed to update Rule 3.4 to update the responsibilities of the Paddock Judge. 2. The Commission received no written comments during March, 2007 or April, 2007. The Commission held a public hearing on April 10, 2007 and also received no public comment on the changes. FINDINGS OF FACT AND CONCLUSIONS 3. The public was given notice and an opportunity to provide the Commission with comments in writing and by testimony at the public hearing on the proposed amendments to the Commission’s Rules. 4. In light of the lack of public comment on the rule changes as proposed, the Commission hereby adopts the rule changes as proposed. The Commission believes that these rule changes will allow the Delaware Harness Racing Commission rules to more accurately reflect current policies and procedures. The effective date of this Order will be ten (10) days from the publication of this Order in the Register of Regulations on June 1, 2007. IT IS SO ORDERED this 8th day of May, 2007. George P. Staats, Commissioner Beth Steele, Chair Mary Ann Lambertson, Commissioner Kenneth Williamson, Commissioner * Please note that no changes were made to the regulation as originally proposed and published in the March 2007 issue of the Register at page 1358 (10 DE Reg. 1358). Therefore, the final regulation is not being republished. Please refer to the March 2007 issue of the Register or contact the Harness Racing Commission for more information. A complete set of the rules and regulations for the Harness Racing Commission are available at: http://regulations.delaware.gov/AdminCode/title3/500/501/index.shtml Nutrient Management Commission Statutory Authority: 3 Delaware Code, Section 2221 (3 Del.C. §2221) 3 DE Admin. Code 1201, 1203 ORDER 1201 Nutrient Management Certification Regulations 1203 Mandatory Nutrient Management Plan Reporting Implementation Regulations Pursuant to 29 Del.C. §10115, I Michael T. Scuse, hereby recommend adoption of the modified nutrient management regulations and request that they be published as final regulations. The proposed regulations (Exhibit A) were posted in Volume 10, Issue 10, pages 35 - 38, April 1, 2007. The comment period was from April 1, 2007 until April 30, 2007. No comments were received. The proposed regulations (Exhibit B) were posted in Volume 10, Issue 3, pages 32 – 37, September 1, 2006. The comment period was from September 1, 2006 until September 30, 2006. No comments were received. These modifications were brought before the Commission at the DNMC Full Commission Meeting on May 8, 2007 and were adopted as final. This final order shall be effective June 10, 2007. Synopsis: Nutrient Management Certification Regulation Amendment (Exhibit A): Certification by the Delaware Nutrient Management Program, 2320 S. Dupont Hwy., Dover, DE 19901, is required (3 Del.C. §2201 - 2290) for all who apply fertilizer and/or animal manure greater than 10 acres or who manage animals greater than 8,000 pounds of live animal weight. The proposed changes to the certification regulations establish nutrient handling requirements for certain nutrient handlers. The proposed regulation addresses application timing and placement for commercial inorganic fertilizer and organic fertilizer. Mandate Amendment (Exhibit B): The proposed regulation requires nutrient handlers and animal operations to develop and implement nutrient management practices as required by the Nutrient Management Law (3 Del.C. §2201 - 2290). * Please note that no changes were made to the regulations as originally proposed and published, for regulation 1201, in the April 2007 issue of the Register at page 1201 (10 DE Reg. 1201); for regulation 1203, in the September 2006 issue of the Register at page 411 (10 DE Reg. 411). Therefore, these final regulations are not being republished. Please refer to the April 2007 and September 2006 issues of the Register or contact the Nutrient Management Commission for more information. A complete set of the rules and regulations for the Nutrient Management Commission are available at: http://regulations.delaware.gov/AdminCode/title3/1200/index.shtml DEPARTMENT OF EDUCATION Office of the Secretary Statutory Authority: 14 Delaware Code, Sections 1220(a) (14 Del.C. §1220(a)) 14 DE Admin. Code 103 Regulatory Implementing Order 103 Accountability for Schools, Districts and the State I. Summary of the Evidence and Information Submitted The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 103 Accountability for Schools, Districts and the State in order to clarify the specific steps in the Review Process in sections 8.2.1 through 8.2.3. This regulation as amended is exempted from the Administrative Procedures Act as per 29 Del.C. §10113 (2) Rules of Practice and Procedure of the Agency and hence is recommended for final approval. II. Findings of Facts The Secretary finds that it is appropriate to amend 14 DE Admin. Code 103 in order to clarify the specific steps in the Review Process. III. Decision to Amend the Regulation For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 103. Therefore, pursuant to 14 Del.C. §§154, 155, and 156, 14 DE Admin. Code 103 attached hereto is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 103 hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below. IV. Text and Citation The text of 14 DE Admin. Code 103 amended hereby shall be in the form attached hereto, and said regulation shall be cited as 14 DE Admin. Code 103 in the Administrative Code of Regulations for the Department of Education. V. Effective Date of Order The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on May 17, 2007. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations. IT IS SO ORDERED the 17th day of May 2007. DEPARTMENT OF EDUCATION Valerie A. Woodruff, Secretary of Education Approved this 17th day of May 2007 STATE BOARD OF EDUCATION Jean W. Allen, President Richard M. Farmer, Jr., Vice President Mary B. Graham, Esquire Gregory A. Hastings Barbara Rutt Dennis J. Savage Dr. Claibourne D. Smith 103 Accountability for Schools, Districts and the State 1.0 Accountability 1.1 Accountability: All public schools, including charter schools, reorganized and career technical school districts and the state shall be subject to the calculation and reporting of Adequate Yearly Progress (AYP) as prescribed by the federal Elementary and Secondary Education Act (ESEA), 20 U.S. C.A. §6301 et seq. Additionally, public schools, including charter schools, reorganized and career technical school districts shall be subject to the applicable rewards, sanctions and other accountability activities as prescribed in this regulation. 7 DE Reg. 57 (07/01/03) 10 DE Reg. 89 (07/01/06) 2.0 Adequate Yearly Progress (AYP) 2.1 Adequate Yearly Progress shall be determined by the Department of Education for all public schools, including charter schools, reorganized and career technical school districts and the State on an annual basis. In order for a public school, including a charter school, reorganized or career technical school district or the State to meet AYP, the aggregate student population and each subgroup of students as identified in ESEA, must meet or exceed the target for percent proficient using a confidence interval to be determined by the Department of Education in the state assessments of reading/language arts and mathematics; 95% of the students as an aggregate and within each subgroup must participate in the state assessments of reading/language arts and mathematics, and the respective entity must meet the requirements of the Other Academic Indicator(s) as defined in 2.6. In calculating the percent proficient each year, the state will average the most recent two years of percent proficient (including the current year’s percent proficient) and compare the results to the current year percent proficient. The highest percent proficient score will be used to determine the school, district or State AYP status. 2.1.1 Adequate yearly progress shall include three levels: Above Target, Meets Target and Below Target. 2.1.1.1 Above Target shall mean that the school, district or State in the aggregate student population and for each subgroup exceeds the annual target in English language arts and mathematics for percent proficient as defined in 2.3 and further meets the criteria for participation as defined in 2.4 and Other Academic Indicator(s) as defined in 2.6. 2.1.1.2 Meets Target shall mean that the school, district or State in the aggregate student population and for each subgroup meets the annual target in English language arts and mathematics with or without the application of a confidence interval for percent proficient as defined in 2.3 or meets the criteria of Safe Harbor defined in 2.5, and further meets the criteria for participation as defined in 2.4 and Other Academic Indicator(s) as defined in 2.6. 2.1.1.3 Below Target shall mean that the school, district or State in the aggregate student population and for each subgroup did not meet the annual target in English language arts and mathematics through the application of a confidence interval for percent proficient as defined in 2.3 or does not meet the criteria of Safe Harbor defined in 2.5, or does not meet the criteria for participation as defined in 2.4 or does not meet the criteria of Other Academic Indicator(s) as defined in 2.6. 2.2 Full academic year for accountability: 2.2.1 For school accountability students enrolled continuously in the school from September 30 through May 31 of a school year including those students identified in 3.1 and 3.2, shall be considered enrolled for a full academic year. 2.2.2 For district accountability students enrolled continuously in the district (but not necessarily the same school), from September 30 through May 31 of a school year, including those students identified in 3.1 and 3.2, shall be considered enrolled for a full academic year. 2.2.3 For state accountability students enrolled continuously in the state (but not necessarily the same school or district) from September 30 through May 31 of a school year shall be considered enrolled for a full academic year. 2.3 Proficient: For accountability purposes students who score at Performance Level 3 (Meets the Standard) or above and who have met the requirements of a Full Academic Year as defined in 2.2 shall be deemed proficient. Students who score at Performance Level 2 or Level 1 who have met the requirements of a Full Academic Year as defined in 2.2 shall not meet the definition of proficient. 2.4 Participation Rate: For accountability purposes in school years 2002-2003 through 2004-2005, the participation rate for each subgroup, all public schools, including charter schools, districts, and the State, shall be the number of students who participate in the DSTP in grades 3,5, 8 and 10 divided by the number of students enrolled in these tested grades during the testing period. Beginning with the 2005-2006 school year the participation rate shall include the number of students who participate in the DSTP in grades 3 through 8 inclusive and grade 10 divided by the number of students enrolled in these tested grades during the testing period. Students exempted by 14 DE Admin. Code 101.9.0 shall be included in the participation rate calculation unless their medical condition prevents them from being in school during the testing period. 2.5 Safe Harbor: For accountability purposes if a school, district or the State fails to meet the target for percent proficient for a given subgroup or for the entity in aggregate, Safe Harbor provisions shall be examined for that group. When the percentage of students in a subgroup not meeting the definition of proficient decreases by at least 10% when compared to the previous year’s data, the participation rate for the population is at least 95%, and the subgroup meets the requirements of the Other Academic Indicator(s) as defined in 2.6. the subgroup will have met AYP. 2.6 Other Academic Indicator(s): 2.6.1 High School: For AYP purposes, the Other Academic Indicator(s) shall be graduation rate as defined as the number of students in one cohort who started in the school, the district or the state in 9th grade and graduated four years later or in the time frame specified in the Individual Education Program (IEP), excluding students who earn a GED certificate, divided by the same number plus those that have dropped out during the same four year period. 2.6.1.1 The statewide target for the high school Other Academic Indicator shall be a graduation rate of 90% by the school year 2013-2014. The statewide target for 2003-2004 shall be 75% and shall increase by 1.5% each year until 90% is reached in 2013-2014. Beginning with the school year 2002-2003, if the graduation rate is used for Safe Harbor purposes, the high school shall maintain its graduation rate or show positive progress when compared to the previous year or meet or exceed the statewide target for that school year. 2.6.1.2 A school that does not maintain its graduation rate or show positive progress from the previous year or meet or exceed the statewide target for that school year shall be considered as not meeting AYP for that year. 2.6.2 Elementary and Middle School: For AYP purposes, the Other Academic Indicator for elementary and middle schools shall be determined by improvement of the scores of the low achieving students, defined as students performing below Performance Level 3, in reading and mathematics combined or a decrease in the percent of students scoring at Performance Level 1 in reading and mathematics. The average scale score for the students who perform at Performance Level 1 and 2 in reading and mathematics combined shall be determined for the current and previous years. The scores from the current year will be compared to the previous year to determine if the school has shown progress. A confidence interval determined by the Department of Education shall be applied to the average scale scores when making this determination. Students included in this calculation shall have been in the school for a full academic year. 2.6.2.1 The statewide target for the elementary and middle school Other Academic Indicator shall be 0% of students scoring at Performance Level 1 in reading and mathematics by the school year 2013-2014. Beginning with the school year 2003-2004, when compared to the previous year, the school or subgroup, if used for Safe Harbor purposes, shall maintain or show improvement of the scores of the low achieving students in reading and mathematics combined or show that the percent of students at Performance Level 1 in reading and mathematics has decreased from the previous year. 2.6.2.2 An elementary or middle school that does not maintain or show improvement of the scores of the low achieving students in reading and mathematics combined or show that the percent of students at Performance Level 1 in reading and mathematics has decreased from the previous year shall be considered as not meeting AYP for that year. 2.6.3 For state and district accountability purposes, the state or a district shall be expected to meet the requirements in 2.6.1.2 and 2.6.2.2. 2.7 Annual Objective: The annual objectives for reading/language arts and mathematics shall be determined by the Department of Education and published annually. The annual objectives shall be the same for all schools, districts and subgroups of students. 2.8 Intermediate Target: There shall be seven intermediate targets with the first intermediate target occurring in the 2004-2005 school year. The second intermediate target shall occur in 2006-2007; the third in 2008-2009; the fourth in 2009-2010; the fifth in 2010-2011, the sixth in 2011-2012 and the seventh in 2012-2013. By the end of the school year 2013-2014, all students in all subgroups shall be proficient in reading/language arts and mathematics. The intermediate targets shall be calculated using the procedures as prescribed by the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C.A. §6301 et seq. 2.9 Starting Point: A single statewide starting point shall be calculated for reading/language arts and a single statewide starting point shall be calculated for mathematics using the procedures as prescribed by the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C.A. §6301 et seq. 2.10 Subgroup categories: For AYP purposes, subgroup categories shall be delineated as follows: 1) Children with Disabilities (as per IDEA); 2) Economically Disadvantaged Students, as determined by eligibility for free and reduced lunch program; 3) Students with Limited English Proficiency, as determined by the language proficiency assessment; and 4) Race and ethnicity, to be further divided into African American and Black, American Indian and Alaska Native, Asian and Pacific Islander, Hispanic, and White. Such subgroup categories shall include all students eligible for the AYP calculation as further defined throughout this Chapter. The “All” categories shall include all students in the entity for which AYP is calculated and who meet all other eligibility criteria for the AYP calculation. 2.11 AYP Determinations 2.11.1 For each public school, including charter schools, reorganized and career technical school districts, and the State, AYP shall be calculated annually. 2.11.2 School AYP: In order to meet AYP, the school shall be classified according to 2.1.1 as Above Target or Meets Target. If there are 15 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator shall be reported. If there are 40 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator shall be reported and used to determine AYP status and accountability ratings. 2.11.3 District AYP: In order to meet AYP, the district shall be classified according to 2.1.1 as Above Target or Meets Target. If there are 15 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator(s) shall be reported. If there are 40 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator shall be reported and used to determine AYP status and accountability ratings. 2.11.4 State AYP: In order to meet AYP, the state shall be classified according to 2.1.1 as Above Target or Meets Target. If there are 15 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator(s) shall be reported. If there are 40 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator shall be reported and used to determine AYP status and accountability ratings. 2.11.5 Under Improvement: A school or district shall be deemed Under Improvement if AYP is not met two consecutive years in the same content area of reading/language arts or mathematics for percent proficient or for participation rate, or if a school or district in the aggregate does not meet the requirements of the Other Academic Indicator(s) as defined in 2.6. 7 DE Reg. 1692 (06/01/04) 10 DE Reg. 89 (07/01/06) 3.0 Accountability School and Accountability District For AYP purposes, the school or district to which a student's performance is assigned for a full academic year shall be the Accountability School or Accountability District. No student shall have his/her performance assigned to more than one Accountability School or Accountability District in a given school year. 3.1 For a student enrolled in an intradistrict intensive learning center intradistrict special school, or intradistrict special school program operating within one or more existing school facilities, the district has the option of tracking the assessment scores of the students back to the school of residence or to the school or program that is providing the instruction. The school or program shall be the Accountability School. The district shall communicate its decision regarding this option to the State Department of Education by May 15, 2006. The option that the district decides for accountability purposes for one year must remain the same for the second year. Further provided, the State Department of Education will monitor the assignment of students to ensure students are appropriately assigned. For a student enrolled in interdistrict special schools or programs that have an agreement to serve students from multiple school districts, the special school that provides the instructional program shall be considered the Accountability School for that student. For district accountability purposes, the district of residence shall be the district to which these special school students are included for accountability. 3.2 For a student enrolled in an alternative program pursuant to 14 Del.C. Ch. 16 or the Delaware Adolescent Program, the Accountability School or District shall be the school/district that assigned such student to the program or the school or district of residence. The time the students were enrolled in the alternative or transitional program shall be credited to the Accountability School or District. 3.3 For a student who participates in a choice program the Accountability School or District shall be the school or district to which the student has choiced. 3.4 For accountability purposes, a school shall be considered a new school if: less than sixty percent of the students would have been enrolled in the same school together without the creation of the new school; or it is the first year of operation of a charter school; or two or more grade levels have been added to the school or to a charter school’s charter. 3.5 If a school is determined not to be a new school, the school shall receive the accountability rating and related consequences of the school in which the majority of students would attend in that year. 7 DE Reg. 1692 (06/01/04) 10 DE Reg. 89 (07/01/06) 4.0 Assessment Criteria 4.1 For a student who takes a portion of the assessment more than once during the school year, the first score shall be included in the AYP calculation; however, provided a student takes a portion of the assessment because of state mandated summer school attendance in grades 3, 5, or 8 in reading, or grade 8 in mathematics, the highest of the student’s scores shall be used to recalculate the AYP determination. 4.2 A student who tests with non aggregable conditions as defined in the Department of Education's Guidelines for the Inclusion of Students with Disabilities and Students with Limited English Proficiency shall have his/her earned performance level included in the calculation of AYP. 4.3 For accountability purposes a student who tests but does not meet attemptedness rules as defined in the Department of Education's scoring specifications or otherwise receives an invalid score shall be deemed as not meeting proficiency. 4.4 A student participating in alternate assessments shall have her/his earned performance level included in the AYP calculation consistent with the regulations as prescribed by the federal Elementary and Secondary Education Act (ESEA) 20 U.S. C.A.§6301 et seq. or Individuals with Disabilities Education Act (IDEA). 4.5 Schools with more than one tested grade shall receive a single accountability rating. 4.6 Student performance in a tested grade shall be apportioned in equal weights to each grade in a standards cluster, except that Kindergarten shall be weighted at 10% and grade 10 shall be weighted at 100%. Beginning with the school year 2005-2006 students in grades 4, 5, 6, 7, 8, and 10 will count 100%. Students in grade 3 will continue to be weighted to each grade in the K to 3 standards cluster. 4.7 For AYP purposes the reading/language arts percent proficient shall be based on a combination of the reading and writing DSTP assessments. The reading percent proficient scores shall be weighted to count 90% and the writing percent proficient scores shall be weighted to count 10%. 4.8 For AYP purposes, the mathematics percent proficient shall be based on 100% of the DSTP mathematics assessment. 7 DE Reg. 1692 (06/01/04) 10 DE Reg. 89 (07/01/06) 5.0 State Progress Determinations Each school and district shall receive a State Progress Determination of Above Target, Meets Target or Below Target. The State Progress shall be determined by improvement in the composite score of the reading, mathematics, science and social studies DSTP assessments combined. The composite score range shall be from 25 to 125 and is determined by the following formula: Composite Score = 25 (reading score x reading weight) + (math score x math weight) + (science score x science weight) + (social studies score x social studies weight) where: Reading score = (5 x % of students in level 5 in reading) + (4 x % of students in level 4 in reading) + (3 x % of students in level 3 in reading) + (2 x % of students in level 2 in reading) + (1 x % of students in level 1 in reading); Math score = (5 x % of students in level 5 in math) + (4 x % of students in level 4 in math) + (3 x % of students in level 3 in math) + (2 x % of students in level 2 in math) + (1 x % of students in level 1 in math)]; Science score = (5 x % of students in level 5 in science) + (4 x % of students in level 4 in science) + (3 x % of students in level 3 in science) + (2 x % of students in level 2 in science) + (1 x % of students in level 1 in science); Social Studies = (5 x % of students in level 5 in social studies) + (4 x % of students in level 4 in social studies) + (3 x % of students in level 3 in social studies) + (2 x % of students in level 2 in social studies) + (1 x % of students in level 1 in social studies). Each of the subject areas shall be weighted equally at 25%. A two year average of the composite score shall be used if it is higher than the current year’s composite score. 5.1 Above Target shall mean that the school or district has a minimum composite score of 75.00 for the current year; or the school or district has demonstrated a growth of 6.00 or more points when comparing last year’s composite score to the current year’s composite score provided the composite score is 45.00 or more. 5.2 Meets Target shall mean that the school or district with a composite score of 61.00 or less than 75.00 in the current year, shall demonstrate a growth of 1.00 or more points when comparing last year’s composite score to the current year’s composite score. For a school or district with a composite score of 45.00 but less than 61.00 in the current year, the school or district shall demonstrate a growth of 2.00 or more points when comparing last year’s composite score to the current year’s composite score. 5.3 Below Target shall mean that the school or district has a composite score of less than 45.00; or the school or district does not meet the criteria of 5.2. 7 DE Reg. 1692 (06/01/04) 10 DE Reg. 89 (07/01/06) 6.0 Performance Classifications Schools and districts shall receive one of five levels of performance classification annually which shall be based on a combination of AYP determinations and State Progress determinations. 6.1 Superior: A school or district's performance is deemed excellent. Schools or districts in this category shall have met AYP while the school or district is not Under Improvement and is a combination of Above Target for AYP and Above Target for State Progress or Above Target for AYP and Meets Target for State Progress or Meets Target for AYP and Above Target for State Progress. 6.2 Commendable: A school or district's performance is deemed above average. Schools or districts in this category shall have met AYP while the school or district is not Under Improvement. Combinations of Above Target for AYP and Below Target for State Progress or Meets Target for AYP and Meets Target for State Progress shall be rated as Commendable. A school or district with a combination of Meets Target for AYP and Below Target for State Progress shall be determined Commendable for no more than one year; if this same combination exists for the school or district in the following year, the school or district shall be rated Academic Review. 6.3 Academic Review: A school or district’s performance is deemed acceptable. Schools or districts in this category are not Under Improvement. Combinations of: Below Target for AYP and Above Target for State Progress; or Below Target for AYP and Meets Target for State Progress shall be rated as Academic Review for no more than one year; if the same combination exists for the school or district in the following year, the school or district shall be rated Academic Progress unless the provisions of 6.5 or 6.6 are met. A school or district with a combination of Below Target for AYP and Below Target for State Progress shall be rated as Academic Review unless the provisions of 6.5 and 6.6 are met. 6.4 Academic Progress: A school or district’s performance is deemed as needing improvement. Schools or districts in this category shall not be Under Improvement as defined in 2.11.5. 6.5 Academic Progress Under Improvement: A school or district's performance is deemed as needing improvement. Schools or districts in this category shall have met AYP for one year while the school or district is Under Improvement. If a school or district was classified as Academic Watch the prior year, all accountability sanctions from that prior year remain in effect. 6.6 Academic Watch: A school or district’s performance is deemed as unsatisfactory. Schools or districts in this category shall not be Under Improvement as defined in 2.11.5. 6.7 Academic Watch Under Improvement: A school or district’s performance is deemed as unsatisfactory. Schools or districts in this category shall not have met AYP for two or more consecutive years in the same content area as described in 2.11.5 and shall be Under Improvement. 7 DE Reg. 1692 (06/01/04) 10 DE Reg. 89 (07/01/06) 7.0 Schools or Districts that are classified as Under Improvement 7.1 Accountability sanctions for schools that are classified as Under Improvement: 7.1.1 Under Improvement Year 1, a school shall review and modify its current School Improvement Plan outlining additional specific school improvement activities to be implemented beginning in this same year. A school designated as Title I shall provide supplemental services to students according to the federal ESEA requirements. Schools not designated as Title I shall give priority, as appropriate, within their extra time services to students in those subgroups that have not met the target for percent proficient in the reading/language arts or mathematics assessments. 7.1.2 Under Improvement Year 2, a school shall continue to review and modify the School Improvement Plan as needed. A school designated as Title I shall offer federal ESEA Choice. In addition a Title I school shall provide supplemental services according to the federal ESEA requirements. Schools not designated as Title I shall give priority, as appropriate, within their extra time services to students in those subgroups that have not met the target for percent proficient in the reading/language arts or mathematics assessments. 7.1.3 Under Improvement Year 3, a school shall continue with the activities as per 7.1.2. In addition, all schools shall be subject to corrective action as outlined by federal ESEA requirements. 7.1.4 Under Improvement Year 4, a school shall continue with the activities as per 7.1.3. In addition, the school shall develop a plan for restructuring as outlined by federal ESEA requirements and submit such plan to the Secretary of Education. The Secretary of Education shall investigate the reasons for the continued deficiency of the school’s performance and shall consult with the State Board of Education prior to making comment. 7.1.5 Under Improvement Year 5, a school shall continue with the activities as per 7.1.2. In addition, the school shall implement the restructuring plan as outlined by federal ESEA requirements. 7.2 Accountability sanctions for districts that are classified as Under Improvement: 7.2.1 Under Improvement Year 1, a district shall develop and implement a District Improvement Plan. 7.2.2 Under Improvement Year 2, a district shall evaluate and modify the District Improvement Plan and shall incorporate such plan into the Consolidated Application. 7.2.3 Under Improvement Year 3, a district shall continue with the activities outlined in 7.2.2. In addition the district shall develop a corrective action plan as outlined by Federal ESEA requirements and submit such plan to the Secretary of Education. The Secretary of Education shall investigate the reasons for the continued deficiency of the district’s performance and shall consult with the State Board of Education prior to making comment. 7.2.4 Under Improvement Year 4, a district shall continue with the activities as outlined in 7.2.3. In addition the district and the Department of Education shall evaluate the corrective action plan and make appropriate modifications as needed. 7 DE Reg. 1692 (06/01/04) 10 DE Reg. 89 (07/01/06) 8.0 Review Process A school or district may review school or district level data, including academic assessment data upon which the proposed classification is based. The school or district shall present statistical evidence or other substantive reasons why the classification should be changed before the final classification will be determined. 8.1 The school or district must file a written notice of review with the Secretary no later than 15 calendar days after receiving preliminary notification of its proposed classification. The request for review shall state with specificity the grounds for the review, and shall be signed by the principal or lead authority of the school, or the signature of the Superintendent of the district. This request for review shall include all supporting evidence and documentation and shall be clear and concise. 8.2 Upon receipt of a written notice of review, the Department of Education shall conduct a review of the evidence or other substantive reasons presented by the school or district, the Secretary shall refer the review to his or her designee. 8.2.1 The designee shall be responsible for bringing the review forward to the Review Advisory Committee. The Review Advisory Committee shall be composed of a minimum of three members and assigned by the Secretary. 8.2.2 The Review Advisory Committee shall conduct a review of the statistical evidence or other substantive reasons presented by the school or district. 8.2.3 The Review Advisory Committee shall make a recommendation to the Secretary about whether the proposed classification should remain as is or should be changed. 8.3 The Department of Education shall make a final determination within 30 calendar days from the written notice of review on the proposed classification of the school or district based on the evidence or other substantive reasons presented by the school or district. 7 DE Reg. 1692 (06/01/04) 10 DE Reg. 89 (07/01/06) Office of the Secretary Statutory Authority: 14 Delaware Code, Section 152 (14 Del.C. §152) 14 DE Admin. Code 505 Regulatory Implementing Order 505 High School Graduation Requirements and Diplomas I. Summary Of The Evidence And Information Submitted The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 505 High School Graduation Requirements and Diplomas in order to update the definition of Career Pathway, to change the name and definition of the "Individual Learning Plan" to the "Student Success Plan" and in 4.0 to describe the process for implementing the Student Success Plan. A grammatical error was also corrected at the end of the Science definition. Notice of the proposed regulation was published in the News Journal and the Delaware State News on Monday March 19, 2007, in the form hereto attached as Exhibit "A". Comments were received from Governor's Advisory Council for Exceptional Children and the State Council for Persons with Disabilities. Clarifications and word changes as suggested by the Councils have been made. In order to clarify the relationship between the IEP and the SSP language has been added to 4.0 to show the relationship between the two Plans. II. Findings of Facts The Secretary finds that it is appropriate to amend 14 DE Admin. Code 505 in order to update the definition of Career Pathway, to change the name and definition of the "Individual Learning Plan" to the "Student Success Plan" and in 4.0 to describe the process for implementing the Student Success Plan. III. Decision to Amend the Regulation For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 505. Therefore, pursuant to 14 Del.C. §152 and §159, 14 DE Admin. Code 505 attached hereto as Exhibit "B" is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 505 hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below. IV. Text and Citation The text of 14 DE Admin. Code 505 amended hereby shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 505 in the Administrative Code of Regulations for the Department of Education. V. Effective Date of Order The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on May 17, 2007. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations. IT IS SO ORDERED the 17th day of May 2007. Department of Education Valerie A. Woodruff, Secretary of Education Approved this 17th day of May 2007 State Board of Education Jean W. Allen, President Richard M. Farmer, Jr., Vice President Mary B. Graham, Esquire Gregory A. Hastings Barbara Rutt Dennis J. Savage Dr. Claibourne D. Smith 505 High School Graduation Requirements and Diplomas 1.0 Definitions: “Career Pathway” means a planned program of at least 3 credits in sequenced or specialized courses designed to develop knowledge and skills in a particular career or academic area the three (3) credits of pre planned and sequential courses required for graduation designed to develop knowledge and skills in a particular career or academic area. The Career Pathway shall be included in the Student Success Plan. “Credit” means the acquisition of skills and knowledge at a satisfactory level as determined by the district and charter school boards through 135 hours (a Carnegie Unit) of actual classroom instruction or through locally approved options contained in Section 8.0. “Credit for Computer Literacy” means credit granted toward graduation at any point when the student can demonstrate competency in the required skill areas either through an integrated approach, a specific course, or a demonstration of accumulated knowledge over the student's educational career. “Department” means the Delaware Department of Education. “English Language Arts” means those components of reading, writing and oral communication that are included in the State Content Standards for high school English Language Arts as required in 14 DE Admin. Code 501. “Health Education” means those components that are included in the State Content Standards for high school health education as required in 14 DE Admin. Code 501. “High School" means grades 9 through 12. “Individual Learning Plan (ILP)” means a plan for a student to reach the goal of high school graduation inclusive of at least one year of post high school activity. This plan also serves as a guide for the student's choice of courses including any support services necessary for the student to graduate from high school. “Instructional Support Team” means those educators, counselors and specialists or other personnel whose responsibility it is to monitor student progress in consultation with students and their parent(s), guardian(s) or Relative Caregiver and to recommend and arrange support services. “Mathematics” means those components of number sense, algebra, geometry, statistics and probability combined with problem solving, reasoning, communicating, and making connections that are included in the State Content Standards for high school mathematics as required in 14 DE Admin. Code 501 either through integrated courses or in courses titles such as Algebra I, Algebra II, Geometry, Trigonometry. Pre-Calculus, Calculus, Discrete Mathematics, Statistics, and Probability. “Physical Education” means those components that are included in the State Content Standards for high school physical education as required in 14 DE Admin. Code 501. “Science” means those components of the nature of science which include inquiry, materials and their properties, energy and its effects, Earth in space, Earth's dynamic systems, life processes, diversity and continuity of living things, and ecology that are included in the State Content Standards for high school science as required in 14 DE Admin. Code 501 either through integrated courses or in course titles such as Earth Science, Biology and [or] Chemistry and Physics. “Social Studies” means those components of civics, economics, geography, and history that are included the State Content Standards for high school social studies as required in 14 DE Admin. Code 501either through integrated courses or in course titles such as United States History, World History, Geography, Economics, and Civics. “Student Success Plan (SSP)” means a plan encompassing a minimum of five years including one year beyond high school developed and updated at least annually by the student, [their guidance counselor the student’s advisor], at least one other staff member and the student’s parent(s) guardian(s) or relative caregiver. The student’s plan includes courses needed in preparation for immediate entry into the work force or opportunities in post secondary education. The plan also includes the support services necessary for the student to graduate from high school. An additional year of high school may be an option for inclusion in the Student Success Plan. “Support Services” means those [academic educational] interventions such as tutoring; extra time before school, in school, or after school; summer school, [a fifth year an extra year(s)] of high school or any other strategy to provide student [academic educational] assistance. “World Languages” RESERVED 2.0 Current Graduation Requirements 2.1 A public school student shall be granted a State of Delaware Diploma when such student has successfully completed a minimum of twenty two credits in order to graduate including: 4 credits in English Language Arts, 3 credits in mathematics, 3 credits in science, 3 credits in social studies, 1 credit in physical education, 1/2 credit in health, 1 credit in computer literacy, 3 credits in a Career Pathway, and 3 1/2 credits in elective courses. 3.0 Graduation Requirements Beginning with the Class of 2011 (Freshman Class of 2007-2008) 3.1 Beginning with the graduating class of 2011, a public school student shall be granted a State of Delaware Diploma when such student has successfully completed a minimum of twenty two (22) credits in order to graduate including: four (4) credits in English Language Arts, four (4) credits in Mathematics; three (3) credits in Science, three (3) credits in Social Studies, one (1) credit in physical education, one half (1/2) credit in health education, three (3) credits in a Career Pathway, and three and one half (3 ½) credits in elective courses. 3.1.1 Students shall complete mathematics course work that includes no less than the equivalent of the traditional requirements of Geometry, Algebra I and Algebra II courses. 3.1.2 Scientific investigations related to the State Science Standards shall be included in all three science course requirements. 3.1.3 During the senior year students shall maintain a credit load each semester that earns them at least a majority of credits that could be taken that semester including one (1) of the four credits required in Mathematics. 3.1.3.1 Senior year credits shall include regular high school course offerings, the options available in 8.0 or a combination of both. 3.1.3.1.1 Options for the senior year in 3.1.3.1 that the districts and charter schools provide shall be submitted to the Department with a copy to the office of the State Board of Education for review. 4.0 Monitoring Student Progress 4.1 Beginning with the 2007-2008 school year each district or charter school board, as applicable, shall require each middle school to develop an Individual Learning Plan (ILP) for all eighth grade students. ILPs shall be developed by the guidance counselor, the student, the student's parent(s), guardian(s) or Relative Caregiver, and at least one core content teacher. For the 2007-2008 school year only each district or charter school board, as applicable, shall also require each high school to develop an Individual Learning Plan (ILP) for all ninth grade students. 4.2 Beginning with the 2007- 2008 school year each high school shall establish Instructional Support Teams to monitor student progress in consultation with students and their parent(s), guardian(s) or Relative Caregiver to recommend and arrange support services. 4.2.1 Each marking period student progress on the ILP shall be monitored by Instructional Support Teams. Students not making satisfactory progress in the courses required for graduation in English Language Arts, Mathematics, Science or Social Studies shall receive support services. 4.2.2 Students who have failed courses required for graduation in English Language Arts, Mathematics, Science or Social Studies at the end of any high school year may have their ILP revised to include appropriate support services. A fifth year of high school may be an option for inclusion in the student's ILP. Changes in a student's ILP shall require consultation with the student and with the student's parent(s), guardian(s) or Relative Caregiver, if appropriate. 4.0 Monitoring Student Progress (Personalizing the High School Experience) 4.1 Beginning with the 2007-2008 school year, every eighth and ninth grade student shall have a Student Success Plan (SSP) developed by the student, [their guidance counselor the student's advisor], at least one other school staff member and the student's parent(s), guardian(s) or relative caregiver. [For a student with an Individualized Education Program (IEP) the Student Success Plan (SSP) shall also incorporate the other aspects of the transition plan required by 14 DE Admin. Code 925.] 4.2 Each local school district and charter school shall establish a process for developing Student Success Plans that includes: 4.2.1 [Monitoring Actively monitoring] student progress[, on an ongoing basis and,] at a minimum, by the end of each marking period in those courses required for graduation, 4.2.2 Providing support services if a student is failing or in danger of failing courses required for graduation, and 4.2.3 Annual updating of the Student Success plans by the student, [their advisor the student's advisor, at least one other staff member and the student's parent(s) guardian(s) or relative caregiver] and others as appropriate. 4.2.4 Following the guidelines for Career and Technical Education (CTE) programs of study outlined in the CTE State Plan. 5.0 Credit Requirements Beginning with the Graduation Class of 2013 (Freshman Class of 2009-2010) 5.1 Beginning with the graduating class of 2013, a public school student shall be granted a State of Delaware Diploma when such student has successfully completed a minimum of twenty four (24) credits in order to graduate including: four (4) credits in English Language Arts, four (4) credits in Mathematics, three (3) credits in Science, three (3) credits in Social Studies, two (2) credits in a World Language, one (1) credit in physical education, one half (1/2) credit in health education, three (3) credits in a Career Pathway, and three and one half (3 ½) credits in elective courses. 5.1 5.2 World Language (RESERVED) 6.0 Career Pathway Districts and charter school boards shall establish policies concerning the purpose and content of their Career Pathways. 6.1 Local school districts and charter school boards shall establish policies concerning the purpose, content, development, and approval of Career Pathways. 7.0 Additional Credit Requirements 7.1 District and charter school boards may establish additional credit requirements for graduation above the minimum number of credits required by the Department. 8.0 Options for Awarding Credit Toward High School Graduation 8.1 District and charter school boards are authorized to award credit toward high school graduation for the following activities, on the condition that the activities incorporate any applicable state content standards. Before awarding credit for any of the following activities, the districts and charter school boards shall have adopted a policy approving the activity for credit and establishing any specific conditions for the award of credit for the activity. Such policy shall be applicable to each school within the district or each charter high school. 8.1.1 Courses taken at or through an accredited community college, two or four year college. 8.1.2 Voluntary community service as defined in 14 Del.C. §§8901A and 8902A. 8.1.3 Supervised work experience in the school and the community which meets the educational objectives or special career interest of the individual student. 8.1.4 Independent study. 8.1.5 Correspondence Courses. 8.1.6 Distance learning courses. These courses may be delivered by the teacher to the learner in real time, online or by video. 8.1.7 High school courses taken while in the middle school in conjunction with an articulated agreement between the district middle school and the district high school(s). Such credit shall also transfer to a high school in another district or to a charter school. 8.1.8 Course credit transferred from another high school. 8.1.9 Course credit earned through summer or evening school classes, as a member of the military service or as part of the James H. Groves Adult High School. 8.1.10 Tutoring programs taught by a teacher certified in the subject being taught. 8.1.11 Course credit awarded by agencies or instrumentalities of the state other than public schools which provide educational services to students. A description of the program provided to the student, grades given, and the number of clock hours of instruction or a demonstration of competency must be provided to the school district or charter school prior to receipt of credit. 9.0 High School Diplomas and the Certificate of Performance 9.1 A State sanctioned diploma shall be granted to students who meet the state and local district or charter school requirements for graduation pursuant to regulation 14 Del.C. §152. 9.2 A State sanctioned Certificate of Performance shall be granted to students who meet the requirements of 14 Del.C. §152. 9.3 Diplomas from one school year shall not be issued after December 31 of the next school year. 9.4 Duplicate diplomas or certificates of performance will not be issued, but legitimate requests for validation of the diploma or the certificate of performance will be satisfied through a letter of certification. Requests for diploma information from graduates of Delaware high schools should be directed to the high school the student was attending at the time of graduation. If the school does not have the records then the student should contact the Department in Dover for a notarized letter of certification that contains the name of the applicant, the name of the school, the date of graduation, and the diploma registry number (if available). 9.5 State High School Diploma for World War II Veterans Pursuant to 14 Del.C. §159 9.5.1 “World War II Veteran” means any veteran who performed wartime service between December 7, 1941 and December 31, 1946. If the veteran was in the service on December 31, 1946, continuous service before July 16, 1947 is considered World War II. 9.5.2 The Department shall provide a high school diploma to any World War II veteran who: 9.5.2.1 Left a Delaware high school prior to graduation in order to serve in the armed forces of the United States. 9.5.2.2 Did not receive a high school diploma, or received a G.E.D., as a consequence of such service and, 9.5.2.3 Was discharged from the armed forces under honorable circumstances. 9.5.3 The diploma may also be awarded posthumously if the deceased veteran meets the qualifications in 9.5.2.1 through 9.5.2.3. 9.5.4 Applications for this high school diploma shall be made on forms designated by the Department and the Delaware Commission of Veterans Affairs and shall have a copy of the candidate’s honorable discharge papers attached to the application. 4 DE Reg. 995 (12/01/00) 5 DE Reg. 625 (09/01/01) 7 DE Reg. 1344 (04/01/04) 10 DE Reg. 547 (09/01/06) Office of the Secretary Statutory Authority: 14 Delaware Code, Section 152 (14 Del.C. §152) 14 DE Admin. Code 804, 811, 815 and 817 Regulatory Implementing Order 804 Immunizations; 811 School Health Record Keeping Requirements; 815 Physical Examinations and Screening; 817 Administration of Medications and Treatments I. Summary Of The Evidence And Information Submitted The Secretary of Education intends to amend the following: 14 DE Admin. Code 804 Immunizations, 14 DE Admin. Code 811 School Health Record Keeping Requirements, 14 DE Admin. Code 815 Physical Examinations and Screening and 14 DE Admin. Code 817 Administration of Medications and Treatments. In addition to some formatting changes, the following comments describe the specific amendments to each of the regulations. 804 Immunizations • 2.0 Has been reformatted • 2.1.1 Puts in place the new immunization nomenclature and preferred vaccines for DPT and TD. • 2.1.5 Increases the number of required dosages for Varicella vaccine from 1 to 2, but grandfathers those children who have received the 1 dose at their school entry. This section has been reformatted in the final version into a single paragraph in order to add clarity. • 2.1.5 States that after FY08, the schools will not accept disease history of Varicella from a parent as an exemption. The doctor will need to verify this. • 7.0 States that school nurses must keep documentation of immunizations and report to DPH. This has been the practice and expectation, but it has never been in regulation. 811 School Health Record Keeping Requirements • 1.0 Now contains definitions for the Emergency Treatment Card and the Delaware School Health Record Form • 2.0 and 3.0 have been reformatted. • 3.2.1 States that electronic health records are recognized as acceptable but identifies FY08 as the last year for non-electronic formats. School all have access to eSchool or other electronic data bases and all health information must be stored electronically. • 5.0 States that the Summary of School Health Services will be due to the Department by August 31 rather than June 30. This will allow schools to include summer school data. 815 Physical Examinations and Screening • 2.2.21 Requires a follow up evaluation or referral to the student's health care provider. It has been a practice but it has never been in regulation. • 2.3 Adds the lead screening requirements. 817 Administration of Medications and Treatments • 2.0 and 3.0 have been reformatted. • 3.2 States that the medications and dosages must be FDA approved. Schools have been struggling with doctors writing large doses of antipsychotic medications for children, which are outside of the recommended doses. Also, parents bring in herbal medications. These later medications have not been tested in children, do not have directions on proper dosing, nor does one know what side effects to look for. • 3.2.2 Recommends that an adult transport medications to the school. Notice of the proposed regulation was published in the News Journal and the Delaware State News on Monday March 19, 2007, in the form hereto attached. Comments were received from Governor's Advisory Council for Exceptional Children and the State Council for Persons with Disabilities. • In response to the Councils suggestions the Department has changed "two months" to "birth" in the definition of "School Enterer" in 804 Immunizations, has reformatted section 2.1.1 under Minimum Immunizations for clarity and has made edits as suggested. • In 811 School Record Keeping Section 1.0 Definitions, the department has edited the language so it is clear that the Emergency Card is about general school procedures and is not procedures for individual students. The Department declines to specify the person that decides who has access to the Emergency Card in 2.0 but states that access is based on the educational and health needs of the student. • In 815 Physical Examinations and Screening Section 2.3 Lead Screening, the Department has reformatted the section to remove any indication of regulating other agencies and has added a reference to the religious exemption and has cleared up the age issue concerning Lead Screening. • In 817 Administration of Medications and Treatments Section 3.2 has been rewritten for clarity concerning the use of FDA approved dosages for administering student medications. II. Findings Of Facts The Secretary finds that it is appropriate to amend 14 DE Admin. Code 804, 811, 815 and 817 in order to do the following: • 804 increases the number of required dosages for Varicella vaccine from 1 to 2, but grandfather those children who have received the 1 dose at their school entry, only accept a disease history of Varicella from a doctor and require that school nurses keep documentation of immunizations and report to the Division of Public Health. • 811 defines the Emergency Treatment Card and the Delaware School Health Record Form, identifies FY08 as the last year for non-electronic formats and states that the Summary of School Health Services will be due to the Department by August 31 rather than June 30. • 815 Requires a follow up evaluation or referral to the student's health care provider and adds the lead screening requirements. • 817 Requires that the medications and dosages must be FDA approved and recommends that an adult transport medications to the school. III. Decision To Amend The Regulation For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 804, 811, 815 and 817. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 804, 811, 815 and 817 attached are hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 804, 811, 815 and 817 hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below. IV. Text And Citation The text of 14 DE Admin. Code 804, 811, 815 and 817 amended hereby shall be in the form attached hereto, and said regulations shall be cited as 14 DE Admin. Code 804, 811, 815 and 817 in the Administrative Code of Regulations for the Department of Education. V. Effective Date Of Order The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on May 15, 2007. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations. IT IS SO ORDERED the 15th day of May 2007. Department of Education Valerie A. Woodruff, Secretary of Education 804 Immunizations 1.0 Definition of School Enterer A school enterer is any child between the ages of two months and 21 years entering or being admitted to a Delaware school district for the first time, including but not limited to, foreign exchange students, immigrants, students from other states and territories and children entering from nonpublic schools. 1.0 Definition "School Enterer" means any child between [the ages of two months and 21 years birth and twenty (20) years inclusive] entering or being admitted to a Delaware school district for the first time, including but not limited to, foreign exchange students, immigrants, students from other states and territories and children entering from nonpublic schools. 2.0 Minimum Immunizations Required for All School Enterers Children who enter school prior to age 4 shall follow current Division of Public Health recommendations. Disease histories for measles, rubella and mumps will not be accepted unless serologically confirmed. Immunizations given up to four days prior to the minimum interval or age will be accepted. 2.1 Four or more doses of diphtheria, tetanus, pertussis (DTaP, DTP, or other approved vaccine) or diphtheria, tetanus (DT) vaccine or a combination of these vaccines with the following exceptions: (1) a child who received a fourth dose prior to the fourth birthday must have a fifth dose; (2) a child who received the first dose of Td (adult) at or after age seven may meet this requirement with only three doses of Td (adult). 2.1.1 A booster dose of Td (adult) is recommended for all students, five years after the last DTaP, DTP or DT dose was administered. 2.2 Three or more doses of inactivated polio virus (IPV), oral polio vaccine (OPV), or a combination of these vaccines with the following exception: A child who received a third dose prior to the fourth birthday must have a fourth dose. 2.3 Two doses of measles, mumps and rubella (MMR) vaccine. The first dose should be administered on or after the age of 12 months. The second dose should be administered after the fourth birthday. Individual combination vaccines of measles, mumps, rubella (MMR) can be used to meet this requirement. 2.4 Three doses of Hepatitis B vaccine beginning in the 1999-2000 school year with kindergarten and grade seven. (By adding a grade at each of the levels, by the year 2004-2005 all students will be required to have the vaccine.) Two doses of CDC approved vaccine for children ages 11 to 15 may be used. 2.5 Varicella vaccine is required beginning in the 2003-2004 school year with kindergarten and adding a grade each subsequent year. One dose is required for children through age 12. Two doses are required for children age 13 and older. 2.5.1 A written disease history, provided by the health care provider, parent, legal guardian, Relative Caregiver or school enterer who has reached the statutory age of majority (18), 14 Del.C. §131(a)(9), will be accepted in lieu of vaccination. 2.1 All School Enterers shall have immunizations given up to four days prior to the minimum interval or age and [will shall] include: [2.1.1 Four or more doses of diphtheria, tetanus, pertussis (DTaP, DTP, or other approved vaccine) or a combination of these vaccines with the following exceptions: a child who received a fourth dose prior to the fourth birthday shall have a fifth dose; a child who received the first dose of Td (adult) at or after age seven may meet this requirement with only three doses of Td or Tdap (adult). A booster dose of Td or Tdap (adult) is recommended by the Division of Public Health for all students at age 11 or five years after the last DTaP, DTP or DT dose was administered whichever is later. 2.1.1 Four or more doses of diphtheria, tetanus, pertussis (DTaP, DTP, or other approved vaccine) or a combination of these vaccines. A booster dose of Td or Tdap (adult) is recommended by the Division of Public Health for all students at age 11 or five years after the last DTaP, DTP or DT dose was administered whichever is later. Notwithstanding this requirement: 2.1.1.1 A child who received a fourth dose prior to his or her fourth birthday shall have a fifth dose; 2.1.1.2 A child who received the first dose of Td (adult) at or after age seven may meet this requirement with only three doses of Td or Tdap (adult).] 2.1.2 Three or more doses of inactivated polio virus (IPV), oral polio vaccine (OPV), or a combination of these vaccines with the following exception: a child who received a third dose prior to the fourth birthday shall have a fourth dose. 2.1.3 Two doses of measles, mumps and rubella (MMR) vaccine. The first dose should be administered on or after the age of 12 months. The second dose should be administered after the fourth birthday. Individual combination vaccines of measles, mumps, rubella (MMR) may be used to meet this requirement. 2.1.3.1 Disease histories for measles, rubella and mumps shall not be accepted unless serologically confirmed. 2.1.4 Three doses of Hepatitis B vaccine. 2.1.4.1 For children 11 to 15 years old age, two doses of a vaccine approved by the Center for Disease Control (CDC) may be used. 2.1.4.2 Titers are not acceptable in lieu of completing the vaccine series and a disease history for Hepatitis B shall not be accepted unless serologically confirmed. [2.1.5 Two doses of Varicella vaccine (beginning in the 2007-2008 school year) for new school enterers in grades K to 4. By adding a grade each year, in the year 2015-2016 all students will be required to have two doses of the vaccine. 2.1.5.1 The first dose of the Varicella vaccine should be administered on or after the age of twelve (12) months and the second at kindergarten entry. 2.1.5.2 A written disease history, provided by the health care provider, parent, legal guardian, Relative Caregiver or school enterer who has reached the statutory age of majority (18), 14 Del.C. §131(a)(9), will be accepted in lieu of the varicella vaccination. 2.1.5.2.1 Beginning in the 2008-2009 school year, a disease history for the varicella vaccination shall be verified by a health care provider to be exempted from the vaccination. 2.1.5 Varicella vaccine is required beginning in the 2003-2004 school year with kindergarten. One grade shall be added each year thereafter so that by the 2015-2016 school year all children in grades kindergarten through 12 shall have received the vaccination. Beginning in the 2007-2008 school year new enterers into the affected grades shall be required to have two doses of the Varicella vaccine. The first dose shall be administered on or after the age of twelve (12) months and the second at kindergarten entry into a Delaware public school. A written disease history, provided by the health care provider, parent, legal guardian, Relative Caregiver or School Enterer who has reached the statutory age of majority (18), 14 Del.C. §131(a)(9), will be accepted in lieu of the Varicella vaccination. Beginning in the 2008-2009 school year, a disease history for the Varicella vaccination must be verified by a health care provider to be exempted from the vaccination.] 2.2 Children who enter school prior to age four (4) shall follow current Delaware Division of Public Health recommendations. 3.0 Certification of Immunization 3.1 The parent, legal guardian, Relative Caregiver or a School Enterer who has reached the statutory age of majority (18), 14 Del.C. §131(a)(9), shall present a certificate specifying the month, day, and year that the immunizations were administered by the state a licensed health care practitioner. 3.2 According to 14 Del.C. §131, a principal or person in charge of a school shall not permit a child to enter into school without acceptable evidence of immunization. The parent, legal guardian, Relative Caregiver or a School Enterer who has reached the statutory age of majority (18), 14 Del.C. §131(a)(9), shall be notified of this requirement in writing. Within 14 calendar days after notification, evidence must be presented to the school that the basic series of immunizations has been initiated or has been completed. 3.3 A School Enterer may be conditionally admitted to a Delaware school district by presenting a statement from a state licensed health care practitioner who specifies that the School Enterer has received at least: 3.3.1 Has received at least oOne dose of DTaP, or DTP, or DT; and 3.3.2 Has received at least oOne dose of IPV or OPV; and 3.3.3 Has received at least oOne dose of measles, mumps and rubella (MMR) vaccine; and 3.3.4 Has received the The first dose of the Hepatitis B series as per 2.4; and 3.3.5 Has received at least oOne dose of Varicella vaccine as per 2.5. 3.4 Regulation 14 DE Admin. Code 901 Education of Homeless Children and Youth 6.0 states that "School districts shall ensure that policies concerning immunization, guardianship and birth certificates do not create barriers to the school enrollment of homeless children and youth". To that end, school districts shall as [stated] in 6.1 14 DE Admin. Code "assist homeless children and youth in meeting the immunization requirements". 3.5 If the School Enterer fails to complete the series of required immunizations the parent, legal guardian, Relative Caregiver or a School Enterer who has reached the statutory age of majority (18), 14 Del.C. §131(a)(9), will shall be notified that the child School Enterer will be excluded according to 14 Del.C. §131. 4.0 Lost or Destroyed Immunization Record When [an a student’s] immunization record has been lost or destroyed by the medical provider who administered the vaccine, the parent, legal guardian, Relative Caregiver or a School Enterer who has reached the statutory age of majority (18), 14 Del.C. §131(a)(9),shall sign a written statement to this effect and must obtain at least one dose of DTaP, DTP or DT, one dose of IPV or OPV, one dose of Hepatitis B (as per 2.4) immunization against measles, mumps and rubella and one dose of varicella (as per 2.5) each of the immunizations as identified in 3.3. Evidence that the vaccines were administered shall be presented to the superintendent or designated person his or her designee. An exemption to this requirement would be a statement from a state licensed health care practitioner demonstrating serological evidence of immunity to measles, mumps or rubella. 5.0 Exemption from Immunization 5.1 Exemption from this requirement may be granted in accordance with 14 Del.C. §131 [that which] permits approved medical and notarized religious exemptions. 5.2 Alternative dosages or immunization schedules may be accepted with the written approval of the Delaware Division of Public Health. 6.0 Verification of School Records The Delaware Division of Public Health shall have the right to audit and verify school immunization records to determine compliance with the law. 7.0 Documentation 7.1 School nurses shall record and maintain documentation of [the each] student's immunization status. 7.2 [The Each] student's immunization record shall be included in the Delaware Immunization Registry. 1 DE Reg. 1808 (05/01/98) 4 DE Reg. 1515 (03/01/01) 5 DE Reg. 2295 (06/01/02) 811 School Health Record Keeping Requirements 1.0 Emergency Treatment Card 1.1 An Emergency Treatment Card shall be on file for each public school student. The card shall contain general emergency procedures for the care of a student when the student becomes sick or injured at school. The card shall contain the student's name, birth date, school district, school, grade, home room or teacher, home address, home telephone and the name, place of employment and work telephone of the parent, guardian or Relative Caregiver. The card shall also contain two other names, addresses and phone numbers of individuals who can be contacted at times when the parent, guardian or Relative Caregiver can not be reached. The name and telephone number of the family physician and family dentist, any medical conditions or allergies the student has and the student's medical insurance shall be on the Emergency Treatment Card. 1.2 The information on the Emergency Treatment Card may be shared only on a need to know basis. 1.3 The parent, guardian or Relative Caregiver or the student if 18 years or older, or an unaccompanied homeless youth (as defined by 42 USC 11434a) shall sign the card to assure they understand the purpose of the card and acknowledge the accuracy of the information. 2.0 School Health Record 2.1 A School Health Record shall be prepared and updated for each public school student. This record is confidential and shall be protected so that only duly authorized persons have access to it. 2.2 When a student transfers to another school in the district or transfers to another school in or out of state, the School Health Record shall be forwarded with the student's other school records. 2.3 The School Health Record shall be maintained for the duration of the student's schooling. The school nurse shall use the Student Health History Update form to keep health records current. 2.4 The School Health Record shall remain in the general school file or nurse's file during the student's attendance in school. The school nurse shall destroy any duplicate or partial health record after entries have been transferred to the official record so that there is only one correct and up to date record. Nonregulatory note: also see 14 DE Admin. Code 251 and 252 and the Delaware Public Archives Document Delaware School Districts General Records Retention Schedule. 2.5 The school nurse shall document any nursing care provided including the school name, a three point date, the person's (student, staff or visitor) first and last name, the time of arrival and departure, the presenting complaint, the nurse's assessment intervention plan and outcome, the disposition of the situation, the parent or other contact, if appropriate, and the nurse's complete signature. 2.5.1 Accident Reporting: In addition to documenting the care given at the time of an accident, the school nurse shall also complete the Student Accident Report Form if the school nurse has referred the student for a medical evaluation regardless of whether the parent, guardian or Relative Caregiver or student if 18 years or older, or an unaccompanied homeless youth (as defined by 42 USC 11434a) followed through on that request or if the student missed more than one half day due to the accident. 3.0 Submission of Records The school nurse shall submit the Delaware Department of Education form, Summary of School Health Services for his or her building to the local school district or charter school designee. The district or charter school shall submit the summary of all school health services to the Department by June 30th of each school year. 7 DE Reg. 68 (7/1/03) 1.0 Definitions “Delaware School Health Record Form” means a form containing documentation of an student’s health information, which includes but is not limited to identifying information, health history, immunizations, results of mandated testing and screenings, medical diagnoses, long term medications and referrals. “Emergency Treatment Card” means a card containing general [school] emergency procedures for the care of a student [when the student who] becomes sick or injured at school. The card contains the following information: the student's name, birth date, school district, school, grade, home room or teacher, home address, home telephone, the name, place of employment and work telephone of the parent, guardian or Relative Caregiver; two other names, addresses and phone numbers of individuals who can be contacted at times when the parent, guardian or Relative Caregiver can not be reached; the name and telephone number of the family physician and family dentist; any medical conditions or allergies the student has; and the student's medical insurance. 2.0 Emergency Treatment Card 2.1 An Emergency Treatment Card [shall be on file for each public school student. for each public school student shall be on file in the office of the school nurse.] 2.1.1 The information on the Emergency Treatment Card shall be shared only on a need to know basis. [as related to the education and health needs of the student and consistent with state and federal laws.] 2.1.2 The parent, guardian or Relative Caregiver or the student if 18 years or older, or an unaccompanied homeless youth (as defined by 42 USC 11434a) shall sign the Emergency Treatment Card to assure they understand the purpose of the form and acknowledge the accuracy of the information. 3.0 Delaware School Health Record Form 3.1 The Delaware School Health Record Form shall be current and shall be part of the student’s health record within the Cumulative Record File (14 DE Admin. Code 252) which accompanies the student when he or she moves to another school. 3.2. The Delaware School Health Record Form shall be maintained for the duration of the student's schooling and the school nurse shall use the Student Health History Update Form to keep health records current. The Delaware School Health Record Form shall remain in the nurse's file during the student's attendance in school. 3.2.1 The Delaware School Health Record Form may be maintained in hard copy or within an electronic documentation program and transferred electronically. Beginning with the 2008-2009 school year, all Delaware School Health Records Forms shall be in an electronic format. NON REGULATORY NOTE: also see 14 DE Admin. Code 251 and 252 and the Delaware Public Archives Document Delaware School Districts General Records Retention Schedule. 4.0 Other Required Documentation 4.1 The school nurse shall document any nursing care provided including the school name, a three point date, the person's (student, staff or visitor) first and last name, the time of arrival and departure, the presenting complaint, the nurse's assessment intervention and the outcome, the disposition of the situation, the parent or other contact, if appropriate, and the nurse's complete signature or initials. 4.1.1 The school nurse shall document the care given at the time of a school based accident by completing the Student Accident Report Form if the student missed more than one half day because of the accident or if the school nurse has referred the student for a medical evaluation regardless of whether the parent, guardian or Relative Caregiver or student if 18 years or older, or an unaccompanied homeless youth (as defined by 42 USC 11434a) followed through on that request. 5.0 Submission of Records 5.1 All local school districts and charter schools shall submit the Summary of School Health Services Form, to the Delaware Department of Education by August 31st of each year. The form shall include all of the school health services provided in all schools during the fiscal year including summer programs. 815 Physical Examinations and Screening 1.0 Physical Examinations 1.1 All public school students shall have a physical examination that has been administered by a licensed medical physician, nurse practitioner or physician's assistant. The physical examination shall have been done within the two years prior to entry into school. Within fourteen calendar days after notification of the requirement for a physical examination, new enterers shall have received a physical examination or shall have a documented appointment with a licensed health care provider for a physical examination. 1.1.1 The requirement for the physical examination may be waived for students whose parent, guardian or Relative Caregiver, or the student if 18 years or older, or an unaccompanied homeless youth (as defined by 42 USC 11434a) presents a written declaration acknowledged before a notary public, that because of individual religious beliefs, they reject the concept of physical examinations. 1.1.2 The school nurse shall record all findings on the School Health Record Delaware School Health Record Form (see 14 DE Admin. Code 811) and maintain the original copy in the child’s medical file. 2.0 Screening 2.1 Vision and Hearing Screening 2.1.1 Beginning with the school year 2004-2005, each Each public school student in kindergarten and in grades 2, 4, 7 and grades 9 or 10 shall receive a vision and a hearing screening by January 15th of each school year. 2.1.1.1 In addition to the screening requirements in 2.1.1, screening shall also be provided to new enterers, students referred by a teacher or an administrator, and students considered for special education. 2.1.1.1.1 Driver education students shall have a vision screening within a year prior to their in car driving hours. 2.1.2 The school nurse shall record the results on the Delaware School Health Record Form and shall notify the parent, guardian or Relative Caregiver or the student if 18 years or older, or an unaccompanied homeless youth (as defined by 42 USC 11434a) if the student has a suspected problem. 2.2 Postural and Gait Screening 2.2.1 Each public school student in grades 5 through 9 shall receive a postural and gait screening by December 15th. 2.2.2 The school nurse shall record the findings on the school health record Delaware School Health Record Form (see 14 DE Admin. Code 811) and shall notify the parents, guardian or Relative Caregiver, or the student if 18 years or older, or an unaccompanied homeless youth (as defined by 42 USC 11434a) if a suspected deviation has been detected. 2.2.2.1 If a suspected deviation is detected, the school nurse shall refer the student for further evaluation through an on site follow up evaluation or a referral to the student’s health care provider. [2.3 Lead Screening 2.3.1 The Childhood Lead Poison Prevention Act, 16 Del.C. Ch.26, requires all health care providers to order lead screening for children at or around the age of 12 months of age. 2.3.1.1 Child care facilities, public and private nursery schools, preschools and kindergartens shall require documentation of lead screening at the time of registration. Children shall be excluded from school after 60 days from the date of enrollment if the documentation of lead screening is not provided. 2.3.2 The school nurse shall the document the lead screening on the Delaware School Health Record Form (see 14 DE Admin. Code 811). 2.3 Lead Screening 2.3.1 Children who enter school at kindergarten or at age 5 or prior, shall be required to provide documentation of lead screening as per 16 Del.C. Ch. 26. 2.3.1.1 For children enrolling in kindergarten, documentation of lead screening shall be provided within sixty (60) calendar days of the date of enrollment. Failure to provide the required documentation shall result in the child's exclusion from school until the documentation is provided. 2.3.1.2 Exemption from this requirement may be granted for religious exemptions, per 16 Del.C. §2603. 2.3.1.3 The Childhood Lead Poisoning Prevention Act, 16 Del.C., Ch. 26, requires all health care providers to order lead screening for children at or around the age of 12 months of age. 2.3.2 The school nurse shall document the lead screening on the Delaware School Health Record form. See 14 DE Admin. Code 811.] 7 DE Reg. 68 (07/01/03) 817 Administration of Medications and Treatments 1.0 Administration of Medications and Treatment 1.1 Medications, in their original container, and treatments may be administered to a public school student by the school nurse when a written request to administer the medication or treatment is on file from the parent, guardian or Relative Caregiver or the student if 18 years or older, or an unaccompanied homeless youth (as defined by 42 USC 11434a). The school nurse shall check the student health records and history for contra indications and all allergies, especially to the medications, and shall provide immediate medical attention if an allergic reaction is observed or make a referral if symptoms or conditions persist. The school nurse shall also document the student's name, the name of medication and treatment administered, the date and time it was administered and the dosage if medication was administered. 2.0 Licensed Health Care Provider Any prescribed medication or treatment administered to a student, in addition to the requirements in 1.0, shall be prescribed by a licensed health care provider. Prescription medication shall be properly labeled with the student's name; the licensed health care provider's name; the name of the medication; the dosage; how and when it is to be administered; the name and phone number of the pharmacy and the current date of the prescription. The medication shall be in a container which meets United States Pharmacopoeia National Formulary standards. Treatment, including, specialized health procedures, shall be signed by a licensed health care provider with directions on how and when to administer. 2.1 The prescription and the medication shall be current and long term prescriptions shall be re-authorized at least once a year. 2.2 All medications classified as controlled substances shall be counted and reconciled each month by the school nurse and kept under double lock. 2.1 Any prescribed medication administered to a student, in addition to the requirements in 1.0, shall be prescribed by a licensed health care provider. Treatment, including specialized health procedures, shall be signed by a licensed health care provider with directions relative to administration or supervision. 3.0 Prescription Medications 3.1 Prescription medication shall be properly labeled with the student's name; the licensed health care provider's name; the name of the medication; the dosage; how and when it is to be administered; the name and phone number of the pharmacy and the current date of the prescription. The medication shall be in a container which meets United States Pharmacopoeia National Formulary standards. 3.2 Medications and dosages administered by the school nurse shall be [approved by the Federal Drug Administration (FDA) and comply with FDA recommendations. limited to those recommended by the Federal Drug Administration (FDA), peer review journal that indicates doses or guidelines that are both safe and effective or guidelines that are specified in regional or national guidelines.] 3.2.1 The prescription and the medication shall be current and long term prescriptions shall be re authorized at least once a year. 3.2.2 All medications classified as controlled substances shall be counted and reconciled each month by the school nurse and kept under double lock. Such medications should be transported to and from school by an adult. 3 4.0 Non Prescription Medications 4.1 Non prescription medications may be given by the school nurse after the nurse assesses the complaint and the symptoms to determine if other interventions can be used before medication is administered and if all requirements in 1.0 have been met. 4 5.0 IEP Team 5.1 For a student who requires significant medical or nursing interventions, the Individual Education Program (IEP) team shall include the school nurse. 5 6.0 Assistance With Medications on Field Trips 5 6.1 Definitions "Assist a Student with Medication" means assisting a student in the self administration of a medication, provided that the medication is in a properly labeled container as hereinafter provided. Assistance may include holding the medication container for the student, assisting with the opening of the container, and assisting the student in self administering the medication. Lay assistants shall not assist with injections. The one exception is with emergency medications where standard emergency procedures prevail in lifesaving circumstances. "Field Trip" means any off campus, school sponsored activity. "Medication" means a drug taken orally, by inhalation, or applied topically, and which is either prescribed for a student by a physician or is an over the counter drug which a parent, guardian or Relative Caregiver has authorized a student to use. "Paraeducator" mean teaching assistants or aides. 5 6.2 Teachers, administrators and paraeducator employed by a student's local school district are authorized to assist a student with medication on a field trip subject to the following provisions: 5 6.2.1 Assistance with medication shall not be provided without the prior written request or consent of a parent, guardian or Relative Caregiver (or the student if 18 years or older, or an unaccompanied homeless youth (as defined by 42 USC 11434a). Said written request or consent shall contain clear instructions including: the student's name; the name of the medication; the dose; the time of administration; and the method of administration. At least one copy of said written request or consent shall be in the possession of the person assisting a student with medication on a field trip. 5 6.2.2 The prescribed medication, in addition to the requirements in 1.0, shall be prescribed by a licensed health care provider. The medication shall be properly labeled with the student’s name; the licensed health care provider's name; the name of the medication; the dosage; how and when it is to be administered; the name and phone number of the pharmacy and the current date of the prescription. The medication shall be in a container which meets United States Pharmacopoeia National Formulary standards. 5 6.2.3 A registered nurse employed by the school district in which the student is enrolled shall determine which teachers, administrators and paraeducators are qualified to safely assist a student with medication. In order to be qualified, each such person shall complete a Board of Nursing approved training course developed by the Delaware Department of Education, pursuant to 24 Del.C. §1921. Said nurse shall complete instructor training as designated by the Department of Education and shall submit a list of successful staff participants to the Department of Education. No person shall assist a student with medication without written acknowledgment that he/she has completed the course and that he/she understands the same, and will abide by the safe practices and procedures set forth therein. 5 6.2.4 Each school district shall maintain a record of all students receiving assistance with medication pursuant to this regulation. Said record shall contain the student's name, the name of the medication, the dose, the time of administration, the method of administration, and the name of the person assisting. 5 6.2.5 Except for a school nurse, no employee of a school district shall be compelled to assist a student with medication. Nothing contained herein shall be interpreted to otherwise relieve a school district of its obligation to staff schools with certified school nurses. Nonregulatory note: 14 DE Admin. Code 612, Possession, Use and Distribution of Drugs and Alcohol addresses student self administration of a prescribed asthmatic quick relief inhaler and student self administration of prescribed autoinjectable epinephrine. 7 DE Reg. 68 (07/01/03) Office of the Secretary Statutory Authority: 14 Delaware Code, Section 122(d) (14 Del.C. §122(d)) 14 DE Admin. Code 925 Regulatory Implementing Order 925 Children with Disabilities, Subpart D, Evaluations, Eligibility Determination, Individualized Education Plans I. Summary of the Evidence and Information Submitted On March 1, 2007, the Secretary of Education, with the consent of the State Board of Education, proposed to repeal existing regulation 14 DE Admin. Code 925, Children with Disabilities, and adopt new regulation 14 DE Admin. Code 925, Children with Disabilities, Subpart D, Evaluations, Eligibility Determination, Individualized Education Programs. On December 3, 2004, President Bush signed into law the Individuals with Disabilities Education Improvement Act of 2004 ("IDEA 2004"). Most of IDEA 2004 became effective in July 2005. On August 14, 2006, the U.S. Department of Education issued its final regulations implementing IDEA 2004. The new federal regulations, located at 34 CFR Part 300, became effective on October 13, 2006. The current State regulations relating to the education of children with disabilities are codified in 14 DE Admin. Code 925. Concurrent with this Order, the Secretary, with the consent of the State Board of Education, will enter additional Orders replacing existing regulation 14 DE Admin. Code 925 with the following new regulations: • 14 DE Admin. Code 922 Children with Disabilities, Subpart A, Purposes and Definitions • 14 DE Admin. Code 923 Children with Disabilities, Subpart B, General Duties and Eligibility of Agencies • 14 DE Admin. Code 924 Children with Disabilities, Subpart C, Local Educational Agency Eligibility • 14 DE Admin. Code 925 Children with Disabilities, Subpart D, Evaluations, Eligibility Determination, Individualized Education Programs • 14 DE Admin. Code 926 Children with Disabilities, Subpart E, Procedural Safeguards for Parents and Children • 14 DE Admin. Code 927, Children with Disabilities, Subpart F, Monitoring, Enforcement and Confidentiality of Information • 14 DE Admin. Code 928 Children with Disabilities, Subpart G, Use and Administration of Funds, Subpart H Reserved • 14 DE Admin. Code 929 Children with Disabilities, Subpart I, Special Programs and Unique Educational Alternatives Notice of all the proposed regulations was published in the News Journal and the Delaware State News on February 26, 2007, in the form hereto attached. The Department received extensive comments on proposed regulation 14 DE Admin. Code 925, Children with Disabilities, Subpart D, Evaluations, Eligibility Determination, Individualized Education Programs, as noted below in Findings of Facts. II. Findings of Facts The Secretary finds that it is appropriate to repeal existing regulation 14 DE Admin. Code 925, Children with Disabilities, and adopt proposed regulation 14 DE Admin. Code 925, Subpart D, Evaluations, Eligibility Determination, Individualized Education Programs, except for sections relating to Response to Intervention, as part of a comprehensive review of existing State regulations in light of changes to federal law. The Secretary makes the following specific findings: Response to Intervention (RTI). The Department received extensive comment about the proposed response to intervention regulations. As a result, the Secretary finds it is appropriate to make substantive changes to the proposed RTI procedures. The Department will "reserve" space in Regulation 925, Subpart D, in order to revise and republish RTI regulations and will accept additional public comments about the revised RTI procedures. Accordingly, it is not necessary to summarize all of the comments received to the original proposal here. Generally, commenters were in mostly in favor of RTI, but suggested that the proposed roll-out schedule was too rapid, particularly for middle and high schools; were concerned about the cost of implementation, particularly as related to group sizes and intensity of services in Tiers 2 and 3; stressed the need for continued professional guidance and technical assistance; expressed concern that RTI procedures not delay services to children with disabilities; and sought clarification about the application of RTI to children with other types of disabilities, such as autism. The Department also received the following comments about other parts of Regulation 925, not related to response to intervention. Informed consent. A comment suggested that agencies be required to provide detailed information about special education rights and specific services at the same time the agency asks parents to consent to evaluate whether a child needs such services. The information that is required as part of "consent" is specifically defined in Section 3.0 of Regulation 922, Children with Disabilities, Subpart A, Purposes and Definitions (which will be adopted concurrent with this regulation) and is the same as the federal requirement. It is unnecessary to require additional information beyond what is required by the federal regulations. As noted below, the Department plans to develop additional State forms and will carefully consider whether a State-consent form should be developed and what information it should contain. Evaluation standards. A comment suggested that the regulations should permit districts to take into account possible future negative outcomes associated with a particular type of disability as part of continuing a child's eligibility for services, even if the student does not currently require specialized services. The Department believes this suggestion would impermissibly expand the use of federal special education funds, such that the suggestion should not be incorporated into the regulation. The Governor's Advisory Council for Exceptional Citizens also suggested adding a requirement that agreements between families and districts around the timing of reevaluations be in writing. While the Department agrees that memorializing agreements in writing will often be good practice, it is not required by federal regulations and would add another documentation requirement around an area that is rarely a source of dispute. Likewise, the Department will also follow federal regulations by permitting evaluations and reevaluation reviews to occur without a meeting. Meetings may, of course, be held, but would not be required. The Council also suggested revising subsection 6.3 to permit teams to consider historical data older than two years. The Department agrees, and has made a non-substantive revision to the regulation. Speech and language impairment eligibility. Comments questioned whether the eligibility criteria for students with speech and language impairment should be more carefully delineated to eliminate inter-district variations. The proposed eligibility standards are the same as currently used and have presented few concerns about application or differences between districts in eligibility, such that no change to the regulation is necessary. Visual Impairment eligibility. Comments suggested that the eligibility criteria for students with visual impairments should include children with degenerative eye diseases who are likely to become visual impaired as a result, and suggested other changes to improve the clarity of subsection 6.17. The Department agrees with most of these recommendations and will revise and republish subsection 6.17 to accept additional public comment on the revisions. Multiple disabilities eligibility. The Governor's Advisory Council for Exceptional Citizens noted that the regulation does not include detailed criteria for students who may be eligible for special education services under the multiple disabilities category. The federal definition of "multiple disabilities" is included as one of the categories of "children with disabilities" who are eligible for special education services in 14 DE Admin. Code 922, Children with Disabilities, Subpart A, Definitions and Purposes, adopted concurrent with this regulation. The Department does not believe that any further detail about the eligibility of such students is required. It would be extremely unusual for a student to be eligible under the "multiple disabilities" category without already also being eligible under at least one other category and once a student is eligible under any category, the student is entitled to a free appropriate public education based on the student's own individual needs, not the category of eligibility. Other eligibility categories. The Council also made a number of suggestions about specific criteria for other eligibility categories, including emotional disturbance and other health impairment. The Department has corrected subsection 6.9.2.2 to correct a typographical error that was inconsistent with federal requirements and corrected subsection 6.14.3.2 for clarity. Otherwise, the proposed eligibility standards are the same as currently used, were comprehensively reviewed late in 2004 and are consistent with federal requirements and with prevailing understandings of various disorders as presented in DSM-IV. They have presented few concerns with respect to eligibility of students for special education services or about differences between districts in eligibility and no further changes to these regulations are necessary. Agency representative at IEP team meetings. Comments suggested that it was unnecessary to have a person with the authority to commit agency resources as every meeting as required by Subsection 21.1.4.4. This language reflects long-standing federal interpretation about the authority of the person designated to represent a district at a meeting and is appropriate to the regulation. Objectives. A few comments suggested that IEPs for all students should continue to include objectives. Federal law no longer requires objectives so long as each student's IEP contains measurable annual goals and the Department believes that well-written, measurable and carefully monitored annual goals will both meet student needs and be easier for families to understand. Delaware IEPs will continue to require both goals and objectives for students who participate in the DSTP via a portfolio assessment. IEPs of transferring students. Some comments suggested that districts should be able to implement IEPs developed by other Delaware districts without an IEP meeting. Parent participation in the IEP process is particularly important when students change school districts, and that a meeting should be held by the receiving district even if the IEP will be adopted as received from the student's sending district. No change will be made to Subsection 23.4. Model forms. Comments were received suggesting the Department develop or revise standard forms for RTI implementation. The Department plans to update the existing required State forms in light of these new regulations and will also consider developing new forms as appropriate to implement the regulations. Finally, in addition to other comments, the Governor's Advisory Council for Exceptional Citizens made stylistic suggestions and noted various typographical or grammatical errors some of which the Department was able to correct before publication of the proposed regulation and some of which are corrected as part of this adoption. III. Decision to Amend the Regulation For the foregoing reasons, the Secretary concludes that it is appropriate to repeal existing regulation 14 DE Admin. Code 925, Children with Disabilities, and adopt most of proposed regulation 14 DE Admin. Code 925, Subpart D, Evaluations, Eligibility Determination, Individualized Education Programs, with the non-substantive revisions noted above. Substantive changes to the proposed regulation will be republished for additional public comment. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 925, attached hereto as Exhibit "B," is hereby adopted. Pursuant to 14 Del.C. §122(e), 14 DE Admin. Code 925 shall be in effect for a period of five years from the effective date of this order as set forth in Section V below. IV. Text and Citation The text of 14 DE Admin. Code 925 shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 925 in the Administrative Code of Regulations for the Department of Education. V. Effective Date of Order The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations. IT IS SO ORDERED the 17th day of May 2007. Department of Education Valerie A. Woodruff, Secretary of Education Approved this 17th day of May 2007 State Board of Education Jean W. Allen, President Richard M. Farmer, Jr., Vice President Mary B. Graham, Esquire Barbara Rutt Dennis J. Savage Dr. Claibourne D. Smith * Please note that the Education final regulations regarding Children with Disabilities, 922 - 929, originally proposed and published in the March 2007 issue of the Register at page 1365 (10 DE Reg. 1365), are not being published here, due to the size of the regulations. PDF versions are availble at the at the links indicated below: • 14 DE Admin. Code 922 Children with Disabilities, Subpart A, Purposes and Definitions • 14 DE Admin. Code 923 Children with Disabilities, Subpart B, General Duties and Eligibility of Agencies • 14 DE Admin. Code 924 Children with Disabilities, Subpart C, Local Educational Agency Eligibility • 14 DE Admin. Code 925 Children with Disabilities, Subpart D, Evaluations, Eligibility Determination, Individualized Education Programs • 14 DE Admin. Code 926 Children with Disabilities, Subpart E, Procedural Safeguards for Parents and Children • 14 DE Admin. Code 927, Children with Disabilities, Subpart F, Monitoring, Enforcement and Confidentiality of Information • 14 DE Admin. Code 928 Children with Disabilities, Subpart G, Use and Administration of Funds, Subpart H Reserved • 14 DE Admin. Code 929 Children with Disabilities, Subpart I, Special Programs and Unique Educational Alternatives Please contact the Department of Education for more information. A complete set of the rules and regulations for the Department of Education is available at: http://regulations.delaware.gov/AdminCode/title14/index.shtml DEPARTMENT OF FINANCE Division of Revenue Statutory Authority: 12 Delaware Code, Section 1154 (12 Del.C. §1154) ORDER 301 Publication of Tax Information Summary of the Evidence and Information Submitted The Department published Proposed Regulations to address questions that had arisen about the application and interplay between sections (b)(2)and (b)(4) of the act as they relate to the publication of names when in the case of entities other than natural persons the Department is contemplating publishing the names of 25% owners, beneficial owners, or responsible officers of such entities, particularly, the Department has been asked if the word “taxpayer” appearing in the first line of section (b)(2) and in section (b)(4) means only “the entities other than natural persons” referred to in last part of section (b)(2) or whether the word “taxpayer” as used in section (b)(2) includes those individual 25% owners, beneficial owners or responsible officers of the entities whose names the Department intends to publish?, in the November 1, 2006 edition of the Delaware Register of Regulations. Publication in the Delaware Register of Regulations also signified the start of a 30-day public comment period that began on the same date and ended on November 30, 2006. As a result of the aforementioned public outreach, the following is a summary of the comments received related to the Regulations: Comments The Department received an email with comments from: Richard Bacon and Thomas Sweeney, attorneys with Richard, Layton and Finger, in Delaware, objected to the proposed language in the Discussion section and proposed new language. Findings of Fact Based upon the comments received and summarized above, the proposed language was adopted and changes were made to the Proposed Regulations and re-published in the January 1, 2007 edition of the Delaware Register of Regulations. Publication in the Delaware Register of Regulations also signified the start of a 30-day public comment period that began on the same date and ended on January 31, 2007. As no other comments have been received during the 30 day January 2007 period, the following Final Regulation is being issued. Order and Effective Date NOW THEREFORE, it is ordered that the proposed regulations, as set forth in the attached copy, are adopted and shall be final effective ten (10) days from the date this Order is published in the Delaware Register of Regulations. IT IS SO ORDERED the 10th day of June 2007. DEPARTMENT OF FINANCE Richard Cordrey, Secretary of Finance Approved this 10th day of June 2007 SUBJECT: “PUBLICATION OF TAX INFORMATION” 30 Del.C. §359(b). A NEW ENACTMENT OF THE 143RD GENERAL ASSEMBLY DATED: October 5, 2006 AUTHORITY: This regulation is promulgated pursuant to the authority given the Secretary of Finance, State of Delaware (the Department) in section 354 of Title 30 of the Delaware Code as well as section (8) of the new act. Questions have arisen about the application and interplay between sections (b)(2)and (b)(4) of the act as they relate to the publication of names when in the case of entities other than natural persons the Department is contemplating publishing the names of 25% owners, beneficial owners, or responsible officers of such entities. Particularly, the Department has been asked if the word “taxpayer” appearing in the first line of section (b)(2) and in section (b)(4) means only “the entities other than natural persons” referred to in last part of section (b)(2) or whether the word “taxpayer” as used in section (b)(2) includes those individual 25% owners, beneficial owners or responsible officers of the entities whose names the Department intends to publish? REGULATION: The Department interprets the word “taxpayer” appearing in sections (b)(2) and (4) to include within its scope those individual 25% owners, beneficial owners and responsible officers of entities other than natural persons. Therefore, before one of their names can be published the liability against the individual owner, beneficial owner or responsible officer must be reduced to judgment. DISCUSSION: The specific requirement of subsection (b)(4) given the plain meaning of the words that appear therein is that a taxpayer's liability must be reduced to judgment before that taxpayer's name can be published. The Secretary of Finance understands the provisions of subsection (b)(4) to be a precautionary measure intended to insure that the taxpayer is aware of the taxpayer's personal responsibility for a tax liability that has become fixed, liquidated and final by being reduced to judgment. To that extent, any judgment against the taxpayer must be final, that is, not subject to appeal or further appeal. Because subsection (b)(4) requires that notice of the judgment be given to the same persons who are described in subsection (b)(2), that is, taxpayers, taxpayer's owners, beneficial owners or officers, it is concluded that the limitations imposed by subsection (b)(4), that is, that the liability be reduced to judgment and that sixty day advance notice be given, apply to the persons described in subsection (b)(2), namely, 25% owners, beneficial owners or officers as well as to taxpayers themselves. Questions or comments about this regulation may be directed to Deputy Director Colleen Yegla at c.yegla@state.de.us or by phone to (302) 577-8680. The deadline for receipt of public comments is November 30, 2006. 10 DE Reg. 1116 (01/01/07) State Lottery Office Statutory Authority: 29 Delaware Code, Section 4805 (29 Del.C. §4805) ORDER 425 Delaware Lottery Rules and Regulations 450 Video Lottery Regulations Summary of Proposed Changes Currently, under the Video Lottery Regulations relating to 6.30, an ATM may not be located within 25 feet of a VLT. Currently, under the Video Lottery Regulations relating to 6.33(4), all agent employees must file a completed License Application Form (LAF) with the Delaware State Police Video Lottery Enforcement Unit (VLEU). The VLEU only needs completed LAFs from key employees and video operations employees. Currently, under the Video Lottery Regulations relating to 14.2.1.3, 14.2.2 and 14.4, the Delaware State Police Video Lottery Enforcement Unit (VLEU) must wait for the criminal history report from SBI before it can recommend suitability for licensure of an applicant to the Director. That process can take up to 10 weeks, during which time, the applicant/employee cannot begin working. The temporary license procedure set forth below is designed to allow the VLEU to conduct preliminary background checks and make temporary suitability recommendations about applicants shortly after the applicant applies. Currently, under the Video Lottery Regulations relating to 14.12 and 14.14, a licensed employee of Video Lottery agent (or an employee who has submitted an application to become licensed) has seven days to notify the Delaware State Police Video Lottery Enforcement Unit of any change in his/her criminal history information. The proposal is to shorten that time to three days. Pursuant to 29 Del.C. §10118, the Delaware Lottery Office (Lottery) issues this Order adopting proposed amendments to the Lottery Rules. Following notice and a public hearing on April 2, 2007, the Lottery makes the following findings and conclusions: Summary of Evidence The Lottery posted public notice of the proposed amendments on March 12, 2007 and for two consecutive weeks in the Delaware State News and the Delaware Capital Review. The Lottery proposed to update: • Video Lottery Rule 6.34(4) to eliminate the need for licensees to submit license application forms for each of its employees. • Video Lottery Rules 14.1.1, 14.3 and 14.4 to alleviate the lengthy screening process and allow the Lottery to grant a temporary license after a preliminary background check shortly after the applicant applies. • Video Lottery Rules 14.11 and 14.13 to shorten the time a licensee has to notify the Delaware State Police Video Lottery Enforcement Unit of any change in his/her criminal history. • Video Lottery Rule 6.3 to remove the limitation on the placement of automated teller machines (ATMs) within 25 feet of a video lottery machine. The Lottery received no written comments during March 2007. The Lottery held a public hearing on April 2, 2007 and received no public comments. Decision The Lottery believes that these changes to its Video Lottery Rules are in the best interest of the State. The Lottery will adopt the amendments to the Video Lottery Rules as published in the March Register of Regulations. The final form of the amendments to the Video Lottery Rules is also attached hereto. Furthermore, the Lottery adopts two additional amendments to its Rules in final form, exempt from the requirements of subchapter II of Chapter 101 of Title 29 of the Delaware Code. They are exempt under 29 Del.C. §10113(b)(6) because they conform the Lottery's Rules to the same changes made in the amendments above. Specifically, Video Lottery Rule 3.10 is amended to reflect the same change to Video Lottery Rule 6.3. And Traditional Lottery Rule 29.0 is amended to reflect the same change to the temporary licensing procedure set forth in Video Lottery Rules 14.1.1, 14.3 and 14.4. The final form of these exempt amendments is attached hereto. IT IS SO ORDERED this 15th day of May, 2007 Wayne Lemons, Director * Please note that no changes to the Video Lottery Regulations -- except as indicate below -- were made to the regulations as originally proposed and published in the March 2007 issue of the Register at page 1367 (10 DE Reg. 1367). Therefore, the final regulation, in its entirety, is not being republished. Please refer to the March 2007 issue of the Register or contact the State Lottery Office for more information. 425 Delaware Lottery Rules and Regulations (Break in Continuity of Sections) 29.0 Fingerprinting Procedures 29.1 State Bureau of Identification 29.1.1 The applicant or licensee will contact the State Bureau of Identification to make arrangements for fingerprint processing. 29.1.2 A fee is required for state and federal processing of fingerprint cards and criminal history records, payment shall be made in the form of certified check or money order payable to the Delaware State Police Video Lottery Enforcement Unit (VLEU). The fee is set by the State Bureau of Identifications and payment is to be made directly to that agency. 29.1.3 Applicants must complete fingerprint cards with the necessary personal information to sign the waiver form to release criminal history record information to the Director. At the time of the processing, the applicant must show proof of identification to complete the criminal history request and pay the appropriate fee. 29.1.3.1 The applicant must contact the VLEU and submit the completed license application form and fingerprint verification/receipt for processing. No investigation will proceed without a copy of the SBI fingerprinting receipt. 29.1.3.2 Investigators assigned to the VLEU will conduct an initial investigation to determine the suitability of the applicant. If the applicant is approved, a temporary license may, at the discretion of the Director, be issued at that time pending SBI's final report. This temporary license is valid for thirty (30) days from the issue date. 29.1.3.3 A waiver will be signed by the applicant indicating that should an unfavorable criminal history background check be received by the VLEU, including any detrimental information or failure to fully disclose criminal history, the applicant's temporary license may be revoked. If revoked, the applicant will then be required to respond to VLEU within five (5) working days for another interview. 29.1.3.4 Should the Director determine the applicant is to be fully licensed, the Lottery shall send the applicant a letter stating such. 29.1.4 Certified copies of the criminal history will be forwarded to the Director of the Lottery, with a copy available to the applicant upon request. 29.1.5 A Verification Form of Processing will be completed by Delaware State Police personnel and provided to the applicant. 29.1.6 The State Bureau of Identification shall act as the intermediary for the receipt of the federal criminal history record checks performed by the Federal Bureau of Identification. The State Bureau of Identification shall forward the results of these federal record checks to the attention of the Lottery Director in a confidential manner. 29.2 Lottery Office 29.2.1 Determination of Suitability and Appeal Process 29.2.1.1 A person subject to 29 Del.C. §4807A shall have the opportunity to respond to the Lottery Director regarding any information obtained prior to a determination of suitability for licensure. Such a response shall be made within ten (10) working days of the person’s receipt of the criminal background information from the State Bureau of Identification. The determination of suitability for licensure shall be made by the Lottery pursuant to the factors listed in 29 Del.C. §4807A in regard to an applicant’s criminal history. The Lottery will also consider the factors contained in 29 Del.C. Ch. 48 and the Lottery Regulations in considering agent applications for licensure. 29.2.1.2 The Lottery shall communicate the results of the determination of suitability in writing, within thirty (30) days of the receipt of the person’s response to the criminal history information, unless extenuating circumstances require a longer period. If a determination is made to deny a person licensure, the person shall have an opportunity to appeal for reconsideration as set out below. 29.2.1.2.1 Appeal shall be initiated by a person notified that he/she is being denied a license pursuant to 29 Del.C. §4807A and in compliance with Section 5(c) of these Regulations by submitting a letter of appeal to the Lottery Director within ten (10) working days of the receipt of the written notice. 29.2.1.2.2 The appeal shall be reviewed by the Lottery Director and the person shall be given the right to be heard by the Director or the Director’s designee within ten (10) working days of the receipt of letter of appeal, unless extenuating circumstances require a longer period. 29.2.1.2.3 A written decision shall be rendered by the Director or the Director’s designee within thirty (30) working days of the hearing, unless extenuating circumstances require a longer period. All decisions made by the Lottery under this appeal procedure are final. 29.3 Confidentiality 29.3.1 All records pertaining to criminal background checks, pursuant to 29 Del.C. §4807A and copies of suitability determinations of applicants for licensure, shall be maintained in a confidential manner, including, but not limited to, the following: 29.3.1.1 Access to criminal background check records, and letters of reference accompanying out-of-state criminal background checks, and determinations of suitability of applicants shall be limited to the Director and designated personnel; 29.3.1.2 All such records shall be kept in locked, fireproof cabinets; 29.3.1.3 No information from such records shall be released without the signed approval of and appropriate signed release of the applicant. 29.4 Subsequent Criminal History Information 29.4.1 Subsequent criminal history shall be sent by the State Bureau of Identification to the Director of the Lottery and shall be used by the Lottery in making a determination about the person’s continued suitability as a licensee. 4 DE Reg. 498 (09/01/00) *Please Note: As the rest of the sections were not amended they are not being published. For more information, please contact the State Lottery Office. 450 Video Lottery Regulations (Break in Continuity of Sections) 3.0 Licensing of Agents; Business Plans 3.1 Any applicant desiring to obtain a license to act as an agent shall apply to the agency on forms specified by the Director from time to time. Application forms shall require the applicant to provide the following, without limitation: (Break in Continuity within this Section) 3.10. The approval of any license or the renewal of a license to an agent is subject to the following conditions: 3.10.1 Operation pursuant to a license issued under these regulations shall signify agreement by the agent to abide by all provisions of the regulations, including those contained in this section. 3.10.2 The agent shall at all times make its premises available for inspection by authorized representatives of the agency or the VLEU personnel, on a 24-hour unannounced basis. The VLEU shall be authorized entry to the premises and access to any video lottery machines or records of the agent without acquiring a warrant. [3.10.3 The agent shall not permit any automated teller machines (ATMs) to be present within twenty-five (25) feet of any video lottery machine on the premises.] 3.10.43 The agent and any entity owned by the agent in which the agent has a controlling ownership interest shall consent in writing to the examination of all accounts, bank accounts, and records under the control of the agent or the owned entity; and, upon request of the agency, shall authorize all third parties in possession or control of the said documents to allow the agency to examine such documents. 3.10.54 To the extent permitted by law, an agent accepts all risks of adverse public notice, embarrassment, criticism, damages, or financial loss which may result from any disclosure or publication of material or information supplied to the agency in connection with the application for the agent's operations. 3.10.65 An agent shall immediately notify the agency of any proposed or effective change regarding the makeup of the owners, directors, officers, partners, or key employees of the agent. 3.10.76 The agent shall certify by a sworn notarized statement that it has not entered and does not intend to enter into any joint venture, partnership or teaming agreement in order to fulfill its obligations in connection with the video lottery operations; that it is not acting as a distributor of products manufactured by another entity; and that it has not entered and does not intend to enter into any agreement whereunder the proceeds generated by any agreement between the agent and the agency would be shared with one or more other persons. Provided, however, that an agent may enter into a management agreement with a third-party, who is not licensed under these regulations as a technology provider, for the operation of the lottery on the agent's premises provided that: (1) the proposed management agreement is provided to and approved by the agency, and (2) the third-party complies with all these regulations which apply to agents, including without limitation the licensure requirements. 3.11 Any license granted may not be transferred, assigned or pledged as collateral. A change of ownership which occurs after the Director has issued a license shall automatically terminate the license ninety (90) days thereafter. Provided, however, that the Director may issue a license to the new owner if satisfied, after the submission of an application that the new owner has met the requirements contained in 29 Del.C. §4806 (a) (1-4), as well as the fitness and background standards contained in such law and these regulations. In the case of a death of an owner, the estate of such owner shall be deemed to have met the requirements of §4806 (a) (1-4) for a period of one year following such death without the need for submitting an application, and, thereafter, need only supply such additional information as the Director may request. In the case of a shift in equity positions of owners, or a transfer among owners, notice shall be given the Director, but the license shall not terminate so long as no new owner is created or results. An agent may also seek approval of a proposed change in ownership prior to the actual change. 3.12 If the Director proposes to deny a license application and the agency is subject to the requirements contained in subchapter IV of 29 Del.C. chapter 101, the agency shall first give written notice to the applicant of the intended action, the reasons therefore, and the right to a hearing as provided for in 29 Del.C. chapter 101. 3.13 At the time of issuance of the license or thereafter, in the Director's sole discretion, the Director may approve the proposed business plan of the applicant or the agent. If the Director determines that an amendment or amendments to the plan are necessary to increase revenues from the video lottery, protect the public welfare or ensure the security of the video lottery, he or she may amend the plan accordingly. An agent may request an amendment to an approved business plan, which proposed amendment shall be subject to the approval of the Director. 3.14 To the extent provided by law, any information obtained pursuant to this Section 3 shall be held in confidence and not subject to the Delaware Freedom of Information Act, 29 Del.C. chapter 100. 2 DE Reg. 115 (07/01/98) 7 DE Reg. 958 (01/01/04) (Break in Continuity of Sections-) 14.0 Employee License Procedure 14.1 The license applicant, licensee, or video lottery agent or technology provider employee will contact the State Bureau of Identification or the Delaware State Police Video Lottery Enforcement Unit to make arrangements for fingerprint processing. (Break in Continuity within this Section) 14.12 License renewal. The Lottery license shall expire and be renewable on the last day of the month on the third anniversary of the issuance date. Thirty At a minimum of sixty (60) days prior to expiration, each licensee shall contact the VLEU and submit a new and updated license application form [and fingerprints] for a background investigation. The background investigation will follow the procedures set forth in Video Lottery Regulations 14.7-14.8 14.13 Terminations/End of Employment. The Lottery license is the property of the Lottery and shall be returned to the Lottery or the VLEU when the licensee’s employment is either terminated involuntarily by the employer or terminated at the request of the employee. 14.14 Any person licensed under these Video Lottery Regulations or any employee who has submitted a license application shall notify the VLEU within seven (7) days Seventy-two hours (72) of any change in his/her criminal history information. This subsequent criminal history information shall be used by the Lottery in making a determination about the person’s continued suitability as a licensee or employee of a video lottery agent or other licensed entity. 4 DE Reg. 498 (09/01/00) 5 DE Reg. 1286 (12/01/01) 7 DE Reg. 958 (01/01/04) 15.0 Severability The sections and subsections of these rules and regulations shall be deemed severable. Should any section or subsection be deemed by judicial opinion or legislative enactment to be invalid, unconstitutional or in any manner contrary to the laws of the State of Delaware, then such opinion or enactment shall invalidate only that particular section or subsection of these rules and regulations and all other sections shall remain in full force and effect. 4 DE Reg. 498 (09/01/00) DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Social Services Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) ORDER Child Care Subsidy Program; 11006.6 Complaints NATURE OF THE PROCEEDINGS: Delaware Health and Social Services ("Department") / Division of Social Services initiated proceedings to amend policies in the Division of Social Services Manual (DSSM) as it relates to the Child Care Subsidy Program. The Department's proceedings to amend its regulations were initiated pursuant to 29 Delaware Code Section 10114 and its authority as prescribed by 31 Delaware Code Section 512. The Department published its notice of proposed regulation changes pursuant to 29 Delaware Code Section 10115 in the April 2007 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by April 30, 2007 at which time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations. SUMMARY OF PROPOSED CHANGE Statutory Authority • The Child Care and Development Block Grant (part of Categories 31 and 41) as amended by the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996; and, • Title XX of the Social Security Act. Summary of Proposed Change DSSM 11006.6, Complaints is revised to clarify the complaint process for the child care program. This revision also adds the requirement to send a copy of the complaint to the Child Care Monitor. SUMMARY OF COMMENTS RECEIVED WITH AGENCY RESPONSE AND EXPLANATION OF CHANGES The Governor's Advisory Council for Exceptional Citizens (GACEC) and the State Council for Persons with Disabilities (SCPD) offered the following technical observations and recommendation summarized below. DSS has considered each comment and responds as follows. In the "Client Complaints" section, DSS includes the following sentence: "Forward the complaint to the Office of Child Care Licensing with a copy to the Child Care Monitor." In the "Provider Complaints" section, DSS includes the following sentence: "Send provider complaints regarding DSS provider contracts or payments process to the Child Care Administrator." In both instances, the implication is that the Case Manager would conduct the "forwarding" and "sending". However, as written, this is not explicit. It would be preferable to modify both sentences to recite that "(t)he Case Manager will forward…" and "(t)he Case Manager will send…" Agency Response: Both sentences "Forward the complaint to the Office of Child Care Licensing with a copy to the Child Care Monitor" and "Send provider complaints regarding DSS provider contracts or payments process to the Child Care Administrator" were reviewed. DSS agrees with the Councils that the text could benefit from clarification. DSS thanks the GACEC and the SCPD for their comments and have made the revisions as requested. FINDINGS OF FACT: The Department finds that the proposed changes as set forth in the April 2007 Register of Regulations should be adopted. THEREFORE, IT IS ORDERED, that the proposed regulation to amend the Division of Social Services Manual (DSSM) as it relates to the complaint procedures for the Child Care Subsidy Program is adopted and shall be final effective June 10, 2007. Vincent P. Meconi, Secretary, DHSS, 5/11/2007 DSS FINAL ORDER REGULATION #07-30 REVISIONS: 11006.6 Complaints Client Complaints Clients are informed as to how they may make a complaint when they believe a facility is not meeting the licensing regulations or the provisions of the DSS contract. When a client makes a complaint to a Case Manager, the Case Manager will complete a Client Provider Complaint Information Form (Form 633). and forward it [Forward the complaint The Case Manager will forward the complaint] to the Office of Child Care Licensing or with a copy to the Child Care Monitor for action. Licensing will send results of the investigation to the Child Care Administrator. Provider Complaints Providers may make complaints regarding clients should be forwarded to the Food Stamp Employment & Training Case Manager. The complaint should be in writing. Provider complaints regarding the system must conform to the Miscellaneous Conditions section of the Day Care Contract. [Send Clients will send] provider complaints regarding DSS provider contracts or payments process to [their Case Manager. The Case Manager will send the complaint to] the Child Care Administrator. DEPARTMENT OF INSURANCE Statutory Authority: 18 Delaware Code, Section 311 (18 Del.C. §311) 18 DE Admin. Code 1307 ORDER 1307 Group Coordination Benefits [Formerly Regulation 61] Proposed changes to Regulation 1307 relating to Group Coordination Benefits were published in the Delaware Register of Regulations on April 1, 2007. The comment period remained open until May 2, 2007. There was no public hearing on the proposed changes to Regulation 1307. Public notice of the proposed changes to Regulation 1307 in the Register of Regulations and two newspapers of general circulation were in conformity with Delaware law. Summary of the Evidence and Information Submitted Public comment was received as a result of the publication of the proposed changes for comment. That public comment expressed two area of concern: the first is that the coordination of benefits requirements could violate an insurance contract and current federal and state privacy laws. The second comment related to issuance of an insurance card, suggesting the providing of proof of insurance as an alternative. That public comment was considered and is reflected in the Regulation. With the reality of divorce and separation in marriages the need has long existed to provide insurance coverage for dependents in order to ensure that dependents have proof of coverage, no matter which parent is the ensured and which parents has custody. Findings of Fact Based on Delaware law and the record in this docket, I make the following findings of fact: 1. Either parent should be able to obtain from a carrier proof on insurance for a dependent without regard to which parent has custody or is the name insured. 2. Upon the request of either parent, the carrier needs to provide proof of insurance. 3. The providing of proof of insurance for the purposed of insurance for a dependent is not a violation of the privacy rights of the insured. Decision and Effective Date 4. Based on the provisions of 18 Del.C. §§311(a) and 1307 and 29 Del.C. §§10113-10118 and the record in this docket, I hereby adopt Regulation 1307 as amended and as may more fully and at large appear in the version attached hereto to be effective on June 1, 2007. Text and Citation The text of the proposed amendments to Regulation 1307 last appeared in the Register of Regulations Vol. 10, Issue 10, pages 1539-1546. IT IS SO ORDERED this 18th day of May 2007. Matthew Denn Insurance Commissioner * Please note that no changes -- except as indicate below -- were made to the regulation as originally proposed and published in the April 2007 issue of the Register at page 1523 (10 DE Reg. 1523). Therefore, the final regulation, in its entirety, is not being republished. Please refer to the April 2007 issue of the Register or contact the Insurance Department for more information. 1307 Group Coordination Benefits [Formerly Regulation 61] (Break in Continuity of Sections) 5.0 Rules for Coordination of Benefits 5.1 The general order of benefits is as follows: 5.1.1 The Primary Plan must pay or provide its benefits as if the Secondary Plan or Plans did not exist. A Plan that does not include a coordination of benefits provision may not take the benefits of another Plan as defined in section 3.0, definitions into account when it determines its benefits. There is one exception: a contract holder's coverage that is designed to supplement a part of a basic package of benefits may provide that the supplementary coverage shall be excess to any other parts of the plan provided by the contract holder. 5.1.2 A Secondary Plan may take the benefits of another plan into account only when, under these rules, it is Secondary to that other plan. 5.1.3 The benefits of the plan which covers the person as an employee, member or subscriber (that is, other than a dependent) are determined before those of the plan which covers the person as a dependent. 5.2 The rules for the order of benefits for a dependent child when the parents are not separated or divorced are as follows: 5.2.1 The benefits of the plan of the parent whose birthday falls earlier in a year are determined before those of the plan of the parent whose birthday falls later in that year; 5.2.2 If both parents have the same birthday, the benefits of the plan which covered the parent longer are determined before those of the plan which covered the other parent for a shorter period of time; 5.2.3 The word "birthday" refers only to month and day in a calendar year, not the year in which the person was born; 5.2.4 A group contract which includes COB and which is issued or renewed, or which has an anniversary date on or after sixty days after the effective date of this subchapter shall include the substance of the provision in sections 5.2.1, 5.2.2, and 5.2.3 above. Until that provision becomes effective, the group contract may instead contain wording such as: "Except as stated in section 5.1.3, the benefits of a plan which covers the person as a dependent of a female." 5.2.5 If the other plan does not have the rule described in sections 5.2.1, 5.2.2, and 5.2.3 above but instead has a rule based upon the gender of the parent; and if, as a result, the plans do not agree on the order of benefits, the rule based upon the gender of the parent will determine the order of benefits. 5.3 If two or more plans cover a person as a dependent child of divorced or separated parents, benefits for the child are determined in this order: 5.3.1 First, the plan of the parent with custody of the child; 5.3.2 Then, the plan of the spouse of the parent with the custody of the child; and 5.3.3 Finally, the plan of the parent not having custody of the child. 5.3.4 If the specific terms of a court decree state that one of the parents is responsible for the health care expenses of the child, and the entity obligated to pay or provide the benefits of the plan of that parent has actual knowledge of those terms, the benefits of that plan are determined first. The plan of the other parent shall be the Secondary Plan. This paragraph does not apply with respect to any Claim Determination Period or Plan Year during which any benefits are actually paid or provided before the entity has that actual knowledge. 5.3.5 Upon request by either parent of a dependent child, a carrier subject to this Section 5.3 shall immediately issue an insurance card [showing or, if it does not issue such cards to its policy holders, equivalent] proof of applicable insurance for the dependent child to the parent making such request. 5.3.6 If benefits are not assigned and would be paid to an individual other than the provider, the carrier shall issue the benefits to the parent who sought the treatment for the dependent child. 5.4 The benefits of a plan which that covers a person as an employee who is neither laid off nor retired (or as that employee's dependent) are determined before those of a plan which covers that person as a laid off or retired employee (or as that employee's dependent). If the other plan does not have this rule; and if, as a result, the plans do not agree on the order of benefits, this rule is ignored. 5.5 If none of the above rules determines the order of benefits, the benefits of the plan which covered an employee, member or subscriber longer are determined before those of the plan which covered that person for the shorter term. 5.5.1 To determine the length of time a person has been covered under a plan, two plans shall be treated as one if the claimant was eligible under the second within twenty-four hours after the first ended. 5.5.2 The start of a new plan does not include: 5.5.2.1 a change in the amount of scope of a plan's benefits; 5.5.2.2 a change in the entity which pays, provides or administers the plan's benefits; or 5.5.2.3 a change from one type of plan to another (such as, from a single employer plan to that of a multiple employer plan). 5.5.3 The claimant's length of time covered under a plan is measured from the claimant's first date of coverage under that plan. If that date is not readily available, the date the claimant first became a member of the group shall be used as the date from which to determine the length of time the claimant's coverage under the present plan has been in force. *Please Note: As the rest of the sections were not amended they are not being published. A complete set of the rules and regulations for the Department of Insurance is available at: http://regulations.delaware.gov/AdminCode/title18/index.shtml DEPARTMENT OF STATE Division of Professional Regulation 3700 Board of Examiners of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers Statutory Authority: 24 Delaware Code, Section 3706(a)(1) (24 Del.C. §3706(a)(1)) 24 DE Admin. Code 3700 ORDER The Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers ("Board") was established to protect the general public from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered by the professions under its purview. The Board was further established to maintain minimum standards of practitioner competency and delivery of services to the public. The Board is authorized by 24 Del.C. §3706(a)(1) to make, adopt, amend, and repeal regulations as necessary to effectuate those objectives. Pursuant to 24 Del.C. §3706(a)(1), the Board proposed amendments to its regulation 8.0 relating to the continuing education reporting period and process and the licensure renewal process. Specifically, the proposed amendments to 8.0 Continuing Education For All Licensees to provide for online license renewal, allow for attestation of continuing education (CE) compliance, push the CE completion deadline back to July 31st of renewal years, and shift the CE compliance audit from pre-renewal to post-renewal. Minor grammatical, typographic, or stylistic changes were also included. Pursuant to 29 Del.C. §10115, notice of the public hearing and a copy of the proposed regulatory changes was published in the Delaware Register of Regulations, Volume 10, Issue 10, at page 1560 on April 1, 2007. Summary of the Evidence and Information Submitted No written or verbal comments were received. Findings of Fact The Board finds that adoption of the proposed amendments will result in a more efficient license renewal process and will effectuate licensee compliance with the Board's continuing education requirements. Decision and Effective Date The Board hereby adopts the proposed amendments to the regulations to be effective 10 days following final publication of this order in the Register of Regulations. Text and Citation The text of the final regulations is attached hereto as Exhibit A and is formatted to show the amendments. A non-marked up version of the regulations as amended is attached hereto as Exhibit B. IT IS SO ORDERED this 9th day of May, 2007, by the Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers of the State of Delaware. Dr. Michael Michelli, President Illene Courtright Carol Guilbert, Secretary George Christensen Regina Bilton Dr. Cynthia Parker * Please note that no changes -- except as indicate below -- were made to the regulations as originally proposed and published in the April 2007 issue of the Register at page 1560 (10 DE Reg. 1560). Therefore, the final regulation, in its entirety, is not being republished. Please refer to the April 2007 issue of the Register or contact the Board of Examiners of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers for more information. 3700 Board of Examiners of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers (Break in Continuity of Sections) 8.0 Continuing Education For All Licensees: Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers 8.1 Philosophy 8.1.1 Continuing education is required by the Delaware Board of Examiners to maintain professional licensure in the fields of Speech/Language Pathology, Audiology and Hearing Aid Dispensing. Continuing education requirements arise from an awareness that these fields are in a continual state of transition due to the introduction of new philosophies and the refinement of already existing knowledge. Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers should continually strive to update their clinical skills in an effort to deliver high quality services. 8.1.2 The Delaware Board of Examiners is keenly aware of existing educational opportunities in Delaware and neighboring states and has established regulations which will provide continuing education credit as effortlessly as possible while assuring quality instruction. Credit will be given for participation in a variety of activities which that increase knowledge and enhance professional growth. 8.1.3 These regulations recognize the financial and time limitations of Delaware's professionals while assuring continued appropriate services to those individuals who require them. 8.2 Continuing Education Criteria 8.2.1 One continuing education contact hour is abbreviated as (CE) and is defined as 60 minutes of attendance/participation in an approved continuing education activity unless otherwise stated. (Therefore, credits and CEU's issued by various organizations must be translated. e.g., 1.0 ASHA CEU = 10 CE's) 8.2.2 Continuing Education CE Time Frame: CE requirements must be completed by April 30th of in each license renewal period. Each licensee has up to 24 months in which to complete the minimum continuing education requirements, that is from May 1 (of the current renewal year) to April 30 of the next renewal year. [Licenses] expire on [Licensees] have until the renewal deadline, July 31st of the in odd-numbered years, to complete the required CEs. *Please Note: As the rest of the sections were not amended they are not being published. A complete set of the rules and regulations for the Board of Examiners of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers is available at: http://regulations.delaware.gov/AdminCode/title24/3700%20Board%20of%20Examiners%20of%20Speech%20Language%20Pathologists,%20Audiologists%20&%20Hearing%20Aid%20Dispensers.shtml Symbol Key Arial type indicates the text existing prior to the regulation being promulgated. Underlined text indicates new text added at the time of the proposed action. Language which is stricken through indicates text being deleted. [Bracketed Bold language] indicates text added at the time the final order was issued. [Bracketed stricken through] indicates language deleted at the time the final order was issued. Final Regulations 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.