Delaware Register
of
Regulations
Issue Date: March 1, 2003
Pages 987 - 1125 Issue 9 -Volume 6 
IN THIS ISSUE:
Regulations:
Proposed
Final
Governor
Executive Orders
Appointments
General Notices
Calendar of Events &
Hearing Notices

Pursuant to 29 Del.C. Chapter 11, Subchapter III, this issue of the Register contains
all documents required to be published, and received, on or before February 15, 2003.
INFORMATION ABOUT THE DELAWARE
988 REGISTER OF REGULATIONS
DELAWARE REGISTER OF
REGULATIONS
The Delaware Register of Regulations is an
official State publication established by authority
of 69 Del. Laws, c. 107 and is published on the
first of each month throughout the year.
The Delaware Register will publish any
regulations that are proposed to be adopted,
amended or repealed and any emergency
regulations promulgated.
The Register will also publish some or all of
the following information:
• Governor's Executive Orders
• Governor's Appointments
• Attorney General's Opinions in full text
• Agency Hearing and Meeting Notices
• Other documents considered to be in the
public interest.
CITATION TO THE
DELAWARE REGISTER
The Delaware Register of Regulations is
cited by volume, issue, page number and date. An
example would be:
6 DE Reg. 279 - 280 (09/01/02)
Refers to Volume 6, pages 279 - 280 of the
Delaware Register issued on September 1, 2002.
SUBSCRIPTION INFORMATION
The cost of a yearly subscription (12 issues)
for the Delaware Register of Regulations is
$120.00. Single copies are available at a cost of
$12.00 per issue, including postage. For more
information contact the Division of Research at
302-744-4114 or 1-800-282-8545 in Delaware.
CITIZEN PARTICIPATION IN THE
REGULATORY PROCESS
Delaware citizens and other interested parties
may participate in the process by which
administrative regulations are adopted, amended
or repealed, and may initiate the process by which
the validity and applicability of regulations is
determined.
Under 29 Del.C. §10115 whenever an
agency proposes to formulate, adopt, amend or
repeal a regulation, it shall file notice and full text
of such proposals, together with copies of the
existing regulation being adopted, amended or
repealed, with the Registrar for publication in the
Register of Regulations pursuant to §1134 of this
title. The notice shall describe the nature of the
proceedings including a brief synopsis of the
subject, substance, issues, possible terms of the
agency action, a reference to the legal authority of
the agency to act, and reference to any other
regulations that may be impacted or affected by
the proposal, and shall state the manner in which
persons may present their views; if in writing, of
the place to which and the final date by which such
views may be submitted; or if at a public hearing,
the date, time and place of the hearing. If a public
hearing is to be held, such public hearing shall not
be scheduled less than 20 days following
publication of notice of the proposal in the
Register of Regulations. If a public hearing will
be held on the proposal, notice of the time, date,
place and a summary of the nature of the proposal
shall also be published in at least 2 Delaware
newspapers of general circulation. The notice
shall also be mailed to all persons who have made
timely written requests of the agency for advance
notice of its regulation-making proceedings.
The opportunity for public comment shall be
held open for a minimum of 30 days after the
proposal is published in the Register of
Regulations. At the conclusion of all hearings and
after receipt, within the time allowed, of all written
materials, upon all the testimonial and written
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
INFORMATION ABOUT THE DELAWARE 989
REGISTER OF REGULATIONS
evidence and information submitted, together with unless a complaint therefor is filed in the Court
summaries of the evidence and information by within 30 days of the day the agency order with
subordinates, the agency shall determine whether respect to the regulation was published in the
a regulation should be adopted, amended or Register of Regulations.
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 CLOSING DATES AND ISSUE DATES procedure is being adopted or amended; (3) A
decision to adopt, amend or repeal a regulation or FOR THE DELAWARE REGISTER
to take no action and the decision shall be OF REGULATIONS
supported by its findings on the evidence and
information received; (4) The exact text and ISSUE CLOSING CLOSING
citation of such regulation adopted, amended or DATE DATE TIME
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; MARCH 1 FEBRUARY 15 4:30 P.M.
and (7) The signature of at least a quorum of the
agency members. APRIL 1 MARCH 15 4:30 P.M.
The effective date of an order which adopts, MAY 1 APRIL 15 4:30 P.M.
amends or repeals a regulation shall be not less
than 10 days from the date the order adopting, JUNE 1 MAY 15 4:30 P.M.
amending or repealing a regulation has been published
in its final form in the Register of Regula- JULY 1 JUNE 15 4:30 P.M.
tions, unless such adoption, amendment or repeal
qualifies as an emergency under §10119.
DIVISION OF RESEARCH STAFF:
Any person aggrieved by and claiming the
unlawfulness of any regulation may bring an Walter G. Feindt, Deputy Director; Judi
action in the Court for declaratory relief. Abbott, Secretary; Sandra F. Clark,
Administrative Assistant; Jeffrey W. Hague,
No action of an agency with respect to the Registrar of Regulations; Ruth Ann Melson,
making or consideration of a proposed adoption, Legislative Librarian; Deborah J. Messina, Print
amendment or repeal of a regulation shall be sub- Shop Supervisor; Kathleen Morris, Operations
ject to review until final agency action on the pro- Support Specialist; Alex W. Mull, Assistant
posal has been taken. Registrar of Regulations; Deborah A. Porter,
Interim Supervisor; Lisa Schieffert, Research
When any regulation is the subject of an Analyst; Victoria Schultes, Administrative
enforcement action in the Court, the lawfulness of Assistant; Ted Segletes, Paralegal; Don Sellers,
such regulation may be reviewed by the Court as a Printer; Alice W. Stark, Legislative Attorney;
defense in the action. Marvin L. Stayton, Printer; Rochelle Yerkes,
Senior Secretary.
Except as provided in the preceding section,
no judicial review of a regulation is available
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
990 TABLE OF CONTENTS
Cumulative Tables................................................. ....... 992 Delaware Social Services Manual, 15200, Initial Eligibility
PROPOSED
DEPARTMENT OF ADMINISTRATIVE SERVICES
Regulations for the Annual Prequalification of
Contractors & Subcontractors........................ ....... 998
DIVISION OF PROFESSIONAL REGULATION
1400 Board of Electrical Examiners..................... ....... 1004
2930 Council on Real Estate Appraisers............... ....... 1009
DEPARTMENT OF AGRICULTURE
HARNESS RACING COMMISSION
Rule 7.0, Rules of the Race, Sections 7.6.6.3
and 7.3.9......................................................... ....... 1016
Standardbred Breeder's Fund Regulations............ ....... 1026
DEPARTMENT OF EDUCATION
830 Students with HIV Infection.......................... ....... 1032
877 Smoking......................................................... ....... 1032
PROFESSIONAL STANDARDS BOARD
301 General Regulations for Certification of
Professional Public School Personnel............ ....... 1033
1535 Certification Administrative - Administrative
Assistant......................................................... ....... 1058
1536 Certification Administrative - Director ...... ....... 1058
1538 Certification Administrative - Supervisor... ....... 1058
1502 Delaware Performance Appraisal System
for Teachers.................................................... ....... 1066
1503 Delaware Performance Appraisal System
for Specialists................................................. ....... 1066
1504 Delaware Performance Appraisal System for
Administrators................................................ ....... 1066
DEPARTMENT OF HEALTH & SOCIAL SERVICES
DIVISION OF PUBLIC HEALTH
Public Drinking Water Systems, Regulations
Governing....................................................... ....... 1140
Public Pools, Regulations Governing.................... ....... 1142
DIVISION OF SOCIAL SERVICES
Delaware Social Services Manual, 15120.2, Financial
Eligibility....................................................... ....... 1166
for First Six Months........................................ ...... 1166
DEPARTMENT OF INSURANCE
Regulation No. 1310, (Formerly Reg. No. 80) Standards
for Prompt, Fair & Equitable Settlement of
Claims for Health Care Services.................... ...... 1169
DEPARTMENT OF LABOR
Clean Indoor Air Act Regulations......................... ...... 1171
DEPARTMENT OF NATURAL RESOURCES AND
ENVIRONMENTAL CONTROL
DIVISION OF AIR AND WASTE MANAGEMENT
Reg. 38, Emission Standards for Hazardous Air
Pollutants for Source Categories, Subpart B.. ...... 1174
Reg. 38, Emission Standards for Hazardous Air
Pollutants for Source Categories, Subpart RRR... 1185
DIVISION OF FISH & WILDLIFE
Tidal Finfish Reg. No. 7, Striped Bass Possession
Size Limit; Exceptions.................................... ...... 1192
Tidal Finfish Regulations, Reg. No. 10, Weakfish Size
Limits, Possession Limits, Seasons................ ...... 1193
FINAL
DEPARTMENT OF ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION
Board of Nursing................................................... ...... 1195
DEPARTMENT OF AGRICULTURE
State Forest Regulations........................................ ...... 1201
THOROUGHBRED RACING COMMISSION
Rule 13.01, Owners Entitled, Owners Entitled...... ...... 1205
Rule 13.16, Claiming Privileges, Eliminated Stable ... 1205
DEPARTMENT OF HEALTH & SOCIAL SERVICES
DIVISION OF LONG TERM CARE RESIDENTS PROTECTION
Criminal History Checks & Drug Testing for Home
Health Agencies, Regulations for................... ...... 1208
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
TABLE OF CONTENTS 991
DIVISION OF PUBLIC HEALTH
Birth Defect Surveillance & Registry Program
Regulations..................................................... ....... 1211
Clean Indoor Air Act Regulations......................... ....... 1216
Production & Sale of Milk & Milk Products........ ....... 1220
DIVISION OF SOCIAL SERVICES
DSSM, 3002.5, Assessment Prior to Termination
of Benefits...................................................... ....... 1221
DSSM, 3024, Citizens and Aliens Eligibility
for TANF........................................................ ....... 1221
DSSM, 9007.1, Citizenship & Alien Status.......... ....... 1224
DSSM, 17500, 17520, 17550, Qualifying Individuals. 1226
DSSM, 20210.71, 20620.1, 20995.1, Veterans'
Pension Payments, Personal Needs Allowance .... 1226
DSSM, 20910.5, Excess Shelter Allowance......... ....... 1226
DEPARTMENT OF NATURAL RESOURCES AND
ENVIRONMENTAL CONTROL
DIVISION OF FISH & WILDLIFE
Tidal Finfish Reg. 11, Red Drum Size Limits,
Creel Limits.................................................... ....... 1229
Tidal Finfish Reg. 28, Atlantic Ocean American
Shad Season and Closure............................... ....... 1229
Tidal Finfish Reg. 23, Black Sea Bass Size Limit; Trip
Limits; Seasons: Quotas................................. ....... 1230
GOVERNOR
Executive Order 35, Recognizing and Reconstituting
the Governor's Task Force on School Libraries ... 1234
Executive Order 36, Reallocation of State Private
Activity Bond Volume Cap for Calendar
Year 2002 and Initial Suballocation of State
Provate Activity Bond Volume Cap for
Calendar Year 2003....................................... ....... 1234
Executive Order 37, Terminating Drought Warning ... 1235
Appointments........................................................ ....... 1237
GENERAL NOTICE
DEPARTMENT OF HEALTH & SOCIAL SERVICES
DIVISION OF SOCIAL SERVICES
Implementation of All Eligibility Changes Made
by the State Since FY 1995............................ ....... 1240
CALENDAR OF EVENTS/HEARING
NOTICES
Dept. of Administrative Services, Div. of Facilities
Management, Regulations for the Annual
Prequalification of Contractors and Subcontractors,
Notice of Public Hearing................................ ...... 1246
1400 Board of Electrical Examiners, Notice of
Public Hearing................................................ ...... 1246
Council on Real Estate Appraisers, Notice of
Public Hearing................................................ ...... 1246
Harness Racing Commission, Notice of Public
Hearing .......................................................... ...... 1247
Standardbred Breeder's Fund Regulations, Notice
of Public Hearing............................................ ...... 1247
State Board of Education, Notice of Monthly Meeting 1247
DHSS, Div. of Public Health, Public Drinking Water
Systems, Notice of Public Hearing................ ...... 1247
Regulations Governing Public Pools, Notice of
Public Hearing................................................ ...... 1248
Div. of Social Services, DSSM, 15120.2, Financial
Eligibility, Notice of Public Comment Period...... 1248
DSSM, 15200, Initial Eligibility for First Six
Months, Notice of Public Comment Period.... ...... 1248
Dept. of Insurance, Reg. 1310, Standards for Prompt,
Fair and Equitable Settlement of Claims for
Health Care Services, Notice of Public Hearing .. 1249
Dept. of Labor, Clean Indoor Air Act Regulations,
Notice of Public Hearing................................ ...... 1249
DNREC, Div. of Air & Waste, Reg. 38 - Emission
Standards for Hazardous Air Pollutants for
Source Categories Subpart B, Notice of
Public Hearing................................................ ...... 1249
DNREC, Div. of Air & Waste, Reg. 38 - Emission
Standards for Hazardous Air Pollutants for
Source Categories Subpart RR, Notice of
Public Hearing................................................ ...... 1250
Div. of Fish and Wildlife, Tidal Finfish Reg. 7
Striped Bass Possession Size Limit; Exceptions,
Notice of Public Hearing................................ ...... 1250
Tidal Finfish Reg.10 Weakfish Size Limits;
Possession Limits; Season, Notice of Public
Hearing .......................................................... ...... 1250
Delaware River Basin Commission, Notice
of Meeting....................................................... ...... 1251
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
s
992 CUMULATIVE TABLES
The table printed below lists the regulations that have been proposed, adopted, amended or repealed
in the preceding issues of the current volume of the Delaware Register of Regulations.
The regulations are listed alphabetically by the promulgating agency, followed by a citation to that
issue of the Register in which the regulation was published. Proposed regulations are designated with
(Prop.); Final regulations are designated with (Final); Emergency regulations are designated with
(Emer.); and regulations that have been repealed are designated with (Rep.).
DELAWARE COUNCIL ON POLICE TRAINING
Reg. II-16, Emergency Care & CPR Training............................................................................... 6 DE Reg. 722 (Prop.)
6 DE Reg. 949 (Final)
DELAWARE FIRE PREVENTION COMMISSION
Sec. XVII, Ambulance Company's Intent to Discontinue Service & Sec. XVII, Basic Life
Support Data Assessment Committee..................................................................................... 6 DE Reg. 87 (Final)
DELAWARE RIVER BASIN COMMISSION
Proposed Amendments to the Comprehensive Plan and the Water Code Relating to the
Operation of LakeWallenpaupack During DroughtWatch, Drought Warning and
Drought Conditions................................................................................................................. 6 DE Reg. 476 (Prop.)
DEPARTMENT OF ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION (TITLE 24 DELAWARE ADMINISTRATIVE CODE)
300 Board of Architects, Rules and Regulation............................................................. 6 DE Reg. 401 (Prop.)
6 DE Reg. 850 (Final)
700 Board of Chiropractic............................................................................................... 6 DE Reg. 270 (Final)
6 DE Reg. 831 (Prop.)
1000 Board of Pilot Commissioners.................................................................................. 6 DE Reg. 231 (Prop.)
6 DE Reg. 635 (Final)
1300 Board of Examiners of Private Investigators & Private Security Agencies............. 6 DE Reg. 124 (Prop.)
6 DE Reg. 637 (Final)
1800 Board of Plumbing Examiners................................................................................. 6 DE Reg. 571 (Prop.)
6 DE Reg. 861 (Final)
1900 Board of Nursing...................................................................................................... 6 DE Reg. 722 (Prop.)
2000 Board of Occupational Therapy, Rules and Regulations.......................................... 6 DE Reg. 270 (Final)
6 DE Reg. 410 (Prop.)
2500 Board of Pharmacy................................................................................................... 6 DE Reg. 480 (Final)
6 DE Reg. 908 (Prop.)
2600 Board of Physical Therapists,.................................................................................. 6 DE Reg. 410 (Prop.)
2700 Board of Professional Land Surveyors..................................................................... 6 DE Reg. 271 (Final)
2900 Real Estate Commission........................................................................................... 6 DE Reg. 8 (Prop.)
2925 Real Estate Commission, Education Guidelines...................................................... 6 DE Reg. 272 (Final)
6 DE Reg. 516 (Final)
3300 Board ofVeterinary Medicine.................................................................................. 6 DE Reg. 273 (Final)
6 DE Reg. 575 (Prop.)
6 DE Reg. 950 (Final)
3500 Board of Examiners of Psychologists....................................................................... 6 DE Reg. 727 (Prop.)
3700 Board of Speech/Language Pathologists, Audiologists & Hearing Aid Dispensers 6 DE Reg. 912 (Prop.)
Merit Employee Relations Board
Rule 10, Certification.............................................................................................................. 6 DE Reg. 728 (Prop.)
Public Service Commission
Regulations Governing Pay phone Service Providers &
Providers of Operator Services for Pay phones........................................................ 6 DE Reg. 65 (Final)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
CUMULATIVE TABLES 993
DEPARTMENT OF AGRICULTURE
Forest Service Regulations............................................................................................................. 6 DE Reg. 127 (Prop.)
6 DE Reg. 517 (Final)
6 DE Reg. 581 (Prop.)
Harness Racing Commission
Rules 6.2.9, 8.3.6, 8.7 and 10.2.7.4......................................................................................... 6 DE Reg. 416 (Prop.)
6 DE Reg. 862 (Final)
Rule 8.8, Aminocarproic Acid (Amicar)................................................................................ 6 DE Reg. 919 (Prop.)
Thoroughbred Racing Commission
Rule 13.0, Claiming Races..................................................................................................... 6 DE Reg. 729 (Prop.)
Rule 15.0, Medication, Testing Procedures............................................................................ 6 DE Reg. 233 (Prop.)
6 DE Reg. 641 (Final)
Rule 15.0, Medication, Shock Wave Therapy........................................................................ 6 DE Reg. 585 (Prop.)
DEPARTMENT OF EDUCATION (TITLE 14 DELAWARE ADMINISTRATIVE CODE)
275 Charter Schools....................................................................................................................... 6 DE Reg. 13 (Prop.)
6 DE Reg. 273 (Final)
410 Satellite School Agreements................................................................................................... 6 DE Reg. 920 (Prop.)
525 Requirements for Vocational-Technical Education Programs................................................ 6 DE Reg. 732 (Prop.)
6 DE Reg. 955 (Final)
530 Cooperative Education............................................................................................................ 6 DE Reg. 732 (Prop.)
6 DE Reg. 955 (Final)
535 Diversified Occupations Programs......................................................................................... 6 DE Reg. 732 (Prop.)
6 DE Reg. 955 (Final)
540 Driver Education..................................................................................................................... 6 DE Reg. 133 (Prop.)
6 DE Reg. 432 (Prop.)
6 DE Reg. 773 (Final)
601 School/Police Relations.......................................................................................................... 6 DE Reg. 434 (Prop.)
6 DE Reg. 775 (Final)
701 Unit Cou 6 DE Reg. 74 (Final)
707 Salary Continuation: Operation Noble Eagle & Enduring Freedom...................................... 6 DE Reg. 398(Emer.)
6 DE Reg. 436 (Prop.)
6 DE Reg. 777 (Final)
729 School Custodians................................................................................................................... 6 DE Reg. 921 (Prop.)
1001 Participation in Extra-Curricular Activities.. ...... ............................................................... 6 DE Reg. 18 (Prop.)
6 DE Reg. 279 (Final)
1005 Membership in Fraternities and Sororities............................................................................ 6 DE Reg. 255 (Prop.)
6 DE Reg. 643 (Final)
1025 Delaware Interscholastic Athletic Association..................................................................... 6 DE Reg. 280 (Final)
1049 DIAA Definitions.................................................................................................................. 6 DE Reg. 282 (Final)
1050 DIAA Sportsmanship............................................................................................................ 6 DE Reg. 284 (Final)
1051 DIAA Senior High School Interscholastic Athletics............................................................ 6 DE Reg. 6 (Errata)
6 DE Reg. 288 (Final)
1052 DIAA Junior High/Middle School Interscholastic Athletics 6 DE Reg. 304 (Final)
1053 DIAA Waiver Procedure....................................................................................................... 6 DE Reg. 282 (Final)
1054 DIAA Investigative Procedure.............................................................................................. 6 DE Reg. 282 (Final)
1055 DIAA Appeal Procedure....................................................................................................... 6 DE Reg. 282 (Final)
1056 Recognition of Officials' Association.................................................................................. 6 DE Reg. 282 (Final)
1102 Standards for School Bus Chassis & Bodies......................................................................... 6 DE Reg. 923 (Prop.)
1105 School Transportation........................................................................................................... 6 DE Reg. 256 (Prop.)
6 DE Reg. 643 (Final)
PROFESSIONAL STANDARDS BOARD
301 General Regulations for Certification of Professional Public School Personnel.................... 6 DE Reg. 235 (Prop.)
302, 304, 311, 312, 313, 314, 1535, 1536, 1538, Amendment of Certification Regulations........ 6 DE Reg. 734 (Prop.)
1510 Issuance of Initial License..................................................................................................... 6 DE Reg. 251 (Prop.)
1511 Issuance & Renewal of Continuing License........................................................................ 6 DE Reg. 135 (Prop.)
6 DE Reg. 518 (Final)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
994 CUMULATIVE TABLES
1512 Issuance & Renewal of Advanced License........................................................................... 6 DE Reg. 77 (Final)
1513 Denial of Licenses................................................................................................................. 6 DE Reg. 253 (Prop.)
1514 Revocation of Licenses......................................................................................................... 6 DE Reg. 254 (Prop.
1517 Certification Career & Technical Specialist.......................................................................... 6 DE Reg. 140 (Prop.)
6 DE Reg. 523 (Final)
1540 Certification Science Teacher............................................................................................... 6 DE Reg. 19 (Prop.)
6 DE Reg. 319 (Final)
1541 Limited Standard Certificate for Middle Level Mathematics and Science and
Secondary Science, Certificate for Middle Level Science...................................................... 6 DE Reg. 21 (Prop.)
6 DE Reg. 321 (Final)
1594 Delaware Administrator Standards............... ...... .......................................................... 6 DE Reg. 22 (Prop.)
6 DE Reg. 322 (Final)
DEPARTMENT OF HEALTH AND SOCIAL SERVICES
DIVISION OF LONG TERM CARE RESIDENTS PROTECTION
Assisted Living Facilities, Regulations for............................................................................. 6 DE Reg. 525 (Final)
Criminal History Checks & Drug Testing for Home Health Agencies, Regulations for........ 6 DE Reg. 585 (Prop.)
6 DE Reg. 835 (Prop.)
6 DE Reg. 880 (Final)
Group Homes for Persons with Mental Illness, Regulations Pertaining to............................ 6 DE Reg. 266 (Prop.)
6 DE Reg. 323 (Final)
6 DE Reg. 654 (Final)
Nursing Homes Admitting Pediatric Residents, Regulations for........................................... 6 DE Reg. 79 (Final)
Regulations for Assisted Living Facilities.............................................................................. 6 DE Reg. 141 (Prop.)
Training & Qualifications for Nursing Assistants & Certified Nursing Assistants................ 6 DE Reg. 925 (Prop.)
DIVISION OF PUBLIC HEALTH
Birth Defect Surveillance & Registry Program Regulations.................................................. 6 DE Reg. 741 (Prop.)
Cancer Registry Regulations.................................................................................................. 6 DE Reg. 744 (Prop.
6 DE Reg. 958 (Final)
Clean Indoor Air Act Regulations.......................................................................................... 6 DE Reg. 267 (Prop.)
6 DE Reg. 655 (Final)
6 DE Reg. 837 (Prop.)
Delaware Radiation Control Regulations.............. ...... ................................................... 6 DE Reg. 98 (Final)
EMS Pre-Hospital Advanced Care Directive Regulations..................................................... 6 DE Reg. 588 (Prop.)
Production & Sale of Milk & Milk Products.......................................................................... 6 DE Reg. 840 (Prop.)
Regulations for Adult Day Care Facilities.............................................................................. 6 DE Reg. 83 (Final)
Regulation for the Certification of RadiationTechnologists/Technicians.............................. 6 DE Reg. 99 (Final)
DIVISION OF SOCIAL SERVICES
DSSM
3002 Time Limit, Temporary Welfare Program................................................................... 6 DE Reg. 155 (Prop.)
6 DE Reg. 528 (Final)
3002.5, Assessment Prior to Termination of Benefits.................................................... .......6 DE Reg. 841 (Prop.)
3008 & 3012 Dependent Children.......................................................................................... 6 DE Reg. 337 (Final)
3024, Citizens and Aliens....................................................................................................... 6 DE Reg. 841 (Prop.)
6103, E 6 DE Reg. 592 (Prop.)
6 DE Reg. 884 (Final)
9007.1 Citizenship and Alien Status...................................................................................... 6 DE Reg. 156 (Prop.)
6 DE Reg. 530 (Final)
6 DE Reg. 843 (Prop.)
9045 Maximum Allowable Resources.................................................................................. 6 DE Reg. 158 (Prop.)
6 DE Reg. 531 (Final)
9046, 9048, 9049 & 9051, Noncitizen Eligibility and Certification....................................... 6 DE Reg. 339 (Final)
9060 Income Deductions....................................................................................................... 6 DE Reg. 439 (Prop.)
6 DE Reg. 780 (Final)
9085 Reporting Changes........................................................................................................ 6 DE Reg. 441 (Prop.)
6 DE Reg. 780 (Final)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
CUMULATIVE TABLES 995
14600 Third-Party Liability................................................................................................... 6 DE Reg. 158 (Prop.)
6 DE Reg. 532 (Final)
14900 Enrollment in Managed Care...................................................................................... 6 DE Reg. 533 (Final)
15160.1 Eligibility Determination......................................................................................... 6 DE Reg. 534 (Final)
15200 Transitional Medicaid....................................... ...... ............................................ 6 DE Reg. 29 (Prop.)
6 DE Reg. 344 (Final)
15503 Screening Requirement............................................................................................... 6 DE Reg. 534 (Final)
15505 Uninsured Requirement.............................................................................................. 6 DE Reg. 535 (Final)
16110 Adult Expansion Population....................................................................................... 6 DE Reg. 535 (Final)
16210 Limitations on Retroactive Coverage......................................................................... 6 DE Reg. 535 (Final)
16220.5 Enrollment in Managed Care-Special Requirement for Adult Expansion
Po 6 DE Reg. 535 (Final)
16310.3 Adults....................................................................................................................... 6 DE Reg. 536 (Final)
16500.2 Procedures for Determining Eligibility.................................................................... 6 DE Reg. 536 (Final)
17500, 17520, 17550, Qualifying Individuals........................................................................ 6 DE Reg. 845 (Prop.)
18200.2 Uninsured Requirement........................................................................................... 6 DE Reg. 536 (Final)
20210.7.1, 20620.1, 20995.1, Veterans' Pension Payments, Personal Needs Allowance...... 6 DE Reg. 846 (Prop.)
20910.5, Excess Shelter Allowance........................................................................................ 6 DE Reg. 846 (Prop.)
25000 Children's Community Alternative Disability Program (CCADP)............................ 6 DE Reg. 536 (Prop.)
Delaware State Plan for TANF............................................................................................... 6 DE Reg. 525 (Final)
6 DE Reg. 442 (Prop.)
6 DE Reg. 781 (Final)
Regulation #02-50, Nursing Home Patient Health Care Assessments 6 DE Reg. 720 (Emer.)
Title XIX Medicaid State Plan................................................................................................ 6 DE Reg. 718 (Emer.)
6 DE Reg. 778 (Final)
Title XIX Medicaid State Plan, Attachment 4.19-B pp. 14 & 14a......................................... 6 DE Reg. 746 (Prop.)
6 DE Reg. 961 (Final)
Title XIX Medicaid State Plan, Attachment 4.19-D, p. 4....................................................... 6 DE Reg. 748 (Prop.)
6 DE Reg. 964 (Final)
Title XIX Medicaid State Plan, Inpatient Hospital Care Reimbursement Methodology
for Interim Payments....................................................................................................... 6 DE Reg. 593 (Prop.)
6 DE Reg. 885 (Final)
Title XIX Medicaid State Plan, Transportation as an Administrative Expense...................... 6 DE Reg. 335 (Final)
6 DE Reg. 437 (Prop.)
6 DE Reg. 570 (Errata)
Title XXI Delaware Healthy Children Program State Plan Sections 3.1, 6.2.10 and 6.2.11.. 6 DE Reg. 906 (Emer.)
6 DE Reg. 935 (Prop.)
DEPARTMENT OF INSURANCE
Regulation 905, (Formerly Reg. No. 86) Standards for Safeguarding Customer Information 6 DE Reg. 595 (Prop.)
6 DE Reg. 966 (Final)
Regulation 906, (Formerly Reg. No.87) Use of Credit Information...................................... 6 DE Reg. 597 (Prop.)
Regulation 1310, (Formerly Reg. No. 80) Standards for Prompt, Fair & Equitable
Settlement of Claims....................................................................................................... 6 DE Reg. 593 (Prop.
Regulation 1501, (Formerly Reg. No. 41) Medicare Supplement Insurance
Minimum Standards........................................................................................................ 6 DE Reg. 437 (Prop.)
. 6 DE Reg. 800 (Final)
DEPARTMENT OF JUSTICE
DELAWARE SECURITIES ACT
600 Registration of Broker-Dealers....................................................................................... 6 DE Reg. 461 (Prop.)
601 Registration of Broker-Dealer Agents............................................................................ 6 DE Reg. 461 (Prop.)
6 DE Reg. 749 (Prop.)
608 Registration Exemption for Certain Canadian Broker-Dealers...................................... 6 DE Reg. 463 (Prop.)
6 DE Reg. 608 (Prop.)
610 Examination Requirement.............................................................................................. 6 DE Reg. 467 (Prop.)
6 DE Reg. 755 (Prop.)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
996 CUMULATIVE TABLES
700 Registration of Investment Advisors.............................................................................. 6 DE Reg. 467 (Prop.)
6 DE Reg. 755 (Prop.)
DEPARTMENT OF LABOR
DIVISION OF INDUSTRIAL AFFAIRS
Clean Indoor Air Act Regulations.......................................................................................... 6 DE Reg. 602 (Prop.)
Unemployment Insurance Appeal Board Regulations............................................................ 6 DE Reg. 605 (Prop.)
6 DE Reg. 887 (Final)
DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
DIVISION OF AIR & WASTE MANAGEMENT
Waste Management Section
2002 Amendments to Delaware Regulations Governing Hazardous Waste.................... 6 DE Reg. 106 (Final)
Chronic Violators Regulations......................................................................................... 6 DE Reg. 936 (Prop.)
Delaware 2005 Rate-of-Progress Plan............................................................................. 6 DE Reg. 621 (Prop.)
Delaware Phase II Attainment Demonstration for the Philadelphia-Wilmington-Trenton
Ozone Non-attainment area...................................................................................... 6 DE Reg. 628 (Prop.)
Reg. No. 3, Sec. 11, Ambient Air Quality Standards...................................................... 6 DE Reg. 609 (Prop.)
6 DE Reg. 968 (Final)
Reg. No. 24, Section 10, Aerospace Coatings................................................................. 6 DE Reg. 190 (Final)
6 DE Reg. 611 (Prop.)
6 DE Reg. 971 (Final)
6028, Reporting of a Discharge of a Pollutant or an Air Contaminant 6 DE Reg. 661 (Final)
DIVISION OF FISH & WILDLIFE
Shellfish Reg. S-63 Oyster Harvesting Seasons..................................................................... 6 DE Reg. 399 (Emer)
Shellfish Regulation Nos. S-63, S-65, S-67, S-69, S-71, S-73 and S-75................................ 6 DE Reg. 940 (Prop.)
Tidal Finfish Reg. No. 4, Summer Flounder Size Limits; Possession Limits; Season........... 6 DE Reg. 941 (Prop.)
Tidal Finfish Reg. No. 11, Red Drum Size Limits, Creel Limits........................................... 6 DE Reg. 755 (Prop.)
Tidal Finfish Reg. No. 22, Tautog Size Limit......................................................................... 6 DE Reg. 848 (Prop.)
Tidal Finfish Reg. No. 23, Black Sea Bass Size Limit; Trip Limits; Seasons; Quotas.......... 6 DE Reg. 35 (Prop.)
6 DE Reg. 348 (Final)
6 DE Reg. 757 (Prop.)
6 DE Reg. 941 (Prop.)
Tidal Finfish Reg. No. 24, Fish Pot Requirements................................................................. 6 DE Reg. 35 (Prop.)
6 DE Reg. 350 (Final)
Tidal Finfish Reg. No. 28, Atlantic Ocean American Shad Season and Closure................... 6 DE Reg. 756 (Prop.)
Wildlife & Non-Tidal Fishing Regulations
WR-2 Method of Take.................................................................................................... 6 DE Reg. 162 (Prop.)
6 DE Reg. 536 (Final)
WR-3 Federal Laws & Regulations Adopted................................................................. 6 DE Reg. 162 (Prop.)
6 DE Reg. 537 (Final)
WR-4 Seasons................................................................................................................. 6 DE Reg. 163 (Prop.)
6 DE Reg. 537 (Final)
WR-7 Deer...................................................................................................................... 6 DE Reg. 163 (Prop.)
6 DE Reg. 538 (Final)
WR-14 Falconry............................................................................................................. 6 DE Reg. 164 (Prop.)
6 DE Reg. 538 (Final)
WR-15 Collection or Sale of Nongame Wildlife............................................................ 6 DE Reg. 164 (Prop.)
6 DE Reg. 539 (Final)
WR-16 Endangered Species........................................................................................... 6 DE Reg. 165 (Prop.)
6 DE Reg. 539 (Final)
WR-17 Species of Special Concern................................................................................ 6 DE Reg. 165 (Prop.)
6 DE Reg. 539 (Final)
DIVISION OF WATER RESOURCES
Delaware Regulations Governing the Control of Water Pollution......................................... 6 DE Reg. 474 (Prop.)
Total Maximum Daily Load (TDML) for Nutrients in the Appoquinimink Watershed......... 6 DE Reg. 350 (Final)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
CUMULATIVE TABLES 997
Regulations for Licensing Water Well Contractors, Pump Installer Contractors, Well
Drillers, Well Drivers, and Pump Installers.............................................................. 6 DE Reg. 165 (Prop.)
6 DE Reg. 801 (Final)
Shellfish Sanitation Regulations............................................................................................. 6 DE Reg. 36 (Prop.)
. 6 DE Reg. 350 (Final)
DEPARTMENT OF PUBLIC SAFETY
DIVISION OF HIGHWAY SAFETY
Policy Reg. 92, Standard Operating Procedures for the DUI Evaluation, Education and
Outpatient Treatment Agencies....................................................................................... 6 DE Reg. 758 (Prop.)
DIVISION OF STATE POLICE
Nonconsensual Towing Regulations....................................................................................... 6 DE Reg. 206 (Final)
DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES
DIVISION OF FAMILY SERVICES
Child Abuse Registry.............................................................................................................. 6 DE Reg. 765 (Prop.)
DEPARTMENT OF STATE
DIVISION OF HISTORICAL & CULTURAL AFFAIRS
Historic Preservation Tax Credit Program.............................................................................. 6 DE Reg. 108 (Final)
DEPARTMENT OF TRANSPORTATION
Statewide Long Range Transportation Plan................................................................................... 6 DE Reg. 38 (Prop.)
6 DE Reg. 353 (Final)
EXECUTIVE DEPARTMENT
DELAWARE ECONOMIC DEVELOPMENT OFFICE
Co-Op Advertising Program................................................................................................... 6 DE Reg. 174 (Prop.)
6 DE Reg. 212 (Final)
6 DE Reg. 683 (Final)
Direct Grants Program............................................................................................................ 6 DE Reg. 176 (Prop.)
6 DE Reg. 685 (Final)
Matching Grants Program....................................................................................................... 6 DE Reg. 178 (Prop.)
6 DE Reg. 688 (Final)
Neighborhood Assistance Act Tax Credit Program Regulation............................................. 6 DE Reg. 630 (Prop.)
6 DE Reg. 943 (Prop.)
GOVERNOR'S OFFICE
Appoin 6 DE Reg. 214
6 DE Reg. 540
6 DE Reg. 699
6 DE Reg. 888
6 DE Reg. 982
Executive Order No. 34, Terminating Drought Emergency................................................... 6 DE Reg. 698
STATE EMPLOYEE BENEFITS COMMITTEE
Group Health Care Insurance, Proposed Revisions to Eligibility and Coverage Rules................ 6 DE Reg. 180 (Prop.)
6 DE Reg. 634 (Prop.)
6 DE Reg. 690 (Final)
6 DE Reg. 948 (Prop.)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
998 PROPOSED REGULATIONS
Symbol Key
Roman type indicates the text existing prior to the regulation being promulgated. Underlined text indicates new text.
Language which is stricken through indicates text being deleted.
Proposed Regulations
Under 29 Del.C. §10115 whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file
notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with
the Registrar for publication in the Register of Regulations pursuant to §1134 of this title. The notice shall describe the nat ure
of the proceedings including a brief synopsis of the subject, substance, issues, possible terms of the agency action, a reference
to the legal authority of the agency to act, and reference to any other regulations that may be impacted or affected by the
proposal, and shall state the manner in which persons may present their views; if in writing, of the place to which and the final
date by which such views may be submitted; or if at a public hearing, the date, time and place of the hearing. If a public
hearing is to be held, such public hearing shall not be scheduled less than 20 days following publication of notice of the
proposal in the Register of Regulations. If a public hearing will be held on the proposal, notice of the time, date, place and a
summary of the nature of the proposal shall also be published in at least 2 Delaware newspapers of general circulation; The
notice shall also be mailed to all persons who have made timely written requests of the agency for advance notice of its
regulation-making proceedings.
DEPARTMENT OF
ADMINISTRATIVE SERVICES
DIVISION OF FACILITIES MANAGEMENT
Statutory Authority: 29 Delaware Code
Section 6962(c) (29 Del.C. §6962(c))
Public Notice
Regulations for the Annual Prequalification of
Contractors and Subcontractors
The Department of Administrative Services (DAS) has
drafted proposed Regulations for the Annual
Prequalification of Contractors and Subcontractors pursuant
to 29 Del.C. Section 6962(c)(5)(a). The proposed
regulations establish the mechanism and standards by which
the Department may assign classifications and maximum
dollar limits to contractors and subcontractors that apply for
annual prequalification pursuant to 29 Del.C. Section
6962(c). No existing or proposed regulations are affected by
the proposed regulations herein.
Invitation For Public Comment
A public hearing will be held as follows:
Tuesday, March 25, 2003, 10:00 AM
Department of Administrative Services
Division of Facilities Management
Thomas Collins Building, First Floor
540 South DuPont Highway
Dover, De 19901
For information and directions, please call Natalie
Curran at (302) 739-5644
Written comments on these proposed regulations should
be sent to:
Robert J. Furman
Division of Facilities Management
Thomas Collins Building
540 South DuPont Highway, Suite 1
Dover, DE 19901
Written comments will be accepted until the conclusion
of the public hearing on March 25th.
Regulations for the Annual Prequalification of
Contractors and Subcontractors
1.0 Purpose
1.1 The Department of Administrative Services
("Department"), Division of Facilities Management
("Division") has written these regulations for the Annual
Pre-Qualification of Contractors and Subcontractors
pursuant to 29 Del.C. Section 6962(c)(5)(a.). The regulations
establish the mechanism and standards by which the
Department may assign classifications and maximum dollar
limits to contractors and subcontractors that apply for annual
prequalification pursuant to 29 Del.C. Section 6962(c).
However, these regulations are not inclusive of the full set of
contractor and subcontractor prequalification criteria
referenced in 29 Del.C Section 6962(c).
1.2 The purpose of this regulation is threefold and is
intended to accomplish the following three goals:
1.2.1 Define the mechanism and standards by
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 999
which the Department will publish classifications for which
a contractor or subcontractor may apply for annual
prequalification.
1.2.2 Define the mechanism and standards by
which the Department shall assign a classification or
classifications to a prequalification applicant.
1.2.3 Define the mechanism that sets the
maximum dollar value of contracts for which the
prequalified contractor or subcontractor may submit a bid.
2.0 Definitions
"Applicant" means the contractor or subcontractor that
submits an application for annual prequalification to the
Department.
"Classifications" means the trade categories for which a
contractor or subcontractor may apply for prequalification.
Examples of trade categories include "electrical,"
"mechanical," "roofing," "masonry" and others that are
specified by the Department in accordance with this
regulation.
"Combined, maximum contract value" means the
maximum contract value for which a prequalified contractor
or subcontractor may submit a bid that includes the provision
work, services, labor, materials, supplies and equipment
associated with more than one prequalified classification.
"Contractor" means an individual, firm, corporation,
partnership or other entity that enters into one or more large
public works contracts with a contracting agency bound by
the requirements of 29 Del.C. Section 6962.
"Estimated Contract Value" means a dollar amount
specified by the bidding agency that corresponds to the
expected value of work associated with a classification or
trade. Estimated contract value shall be equal to the base bid
where alternates are specified.
"Maximum Contract Dollar Value" means the upper
limit of anticipated contract value for a specific classification
for which a prequalified contractor or subcontractor may
submit a bid. Maximum contract dollar value shall be based
on information provided by the applicant subject to the
regulations contained herein.
"Multiplier" means a number expressed as a percentage
(e.g. 120%) that will be applied to the dollar value of
projects submitted as evidence of expertise and experience to
calculate a "maximum contract dollar value."
"Prequalified" means the standing achieved by a
contractor or subcontractor after completing the
prequalification process to the satisfaction of the Department
pursuant to 29 Del.C. Section 6962(c).
"Prequalification" means the process by which a
contractor or subcontractor becomes prequalified to bid on
large public works contracts that require prequalified bidders
pursuant to 29 Del.C. Section 6962(c).
"Project/classification combination" means work
specific to one project and one classification or trade
associated with that project. An applicant shall provide
information pertaining to a "project/classification
combination" to document its experience and abilities to
become prequalified for a specific classification.
"Secretary" means the Secretary of the Department of
Administrative Services.
"Subcontractor" means an individual, firm, corporation,
partnership or other entity that enters into one or more
contracts with one or more contractors as defined in Section
2.9 herein.
3.0 Assigning Classifications for Which Applications for
Prequalification Shall be Accepted
3.1 The Department shall publish annually, on March 1
of each year, classifications for which contractors and
subcontractors may seek annual prequalification. The
classifications specified by the Department shall include but
shall not be limited to trade categories associated with prior
or anticipated large public works contracts executed by state
agencies and school districts. The Department may publish
an amended list of classifications, as required, at any time
during the year in accordance with the requirements of
sections 3.3 and 4.9 herein.
3.2 Classifications for which the Department accepts
applications for contractor and subcontractor
prequalification shall be clearly stated in the forms and
procedures associated with the prequalification process.
Each listed classification may include additional, specific
instructions such as, but not limited to, the basis on which to
value work associated with completed projects submitted as
part of the prequalification application process.
3.3 From time to time, the Department may add to or
subtract from the list of prequalification categories specified
in the forms and procedures that are used by contractors and
subcontractors to apply for prequalification. Classifications
may be removed from the published prequalification list at
the discretion of the Department, based on changes in
construction practices and as a result of periodic reviews of
trade categories for which contracting agencies specify
prequalification pursuant to 29 Del.C. Section 6962. Notice
of the Department's intent to delete such classifications shall
be sent to those contractors and subcontractors that are
prequalified under proposed classification(s) to be deleted.
Notice shall be sent to the affected contractors and
subcontractors with a request for comment on the proposed
deletions at least 60 days prior to the proposed date of
deletion. The Department shall consider all such comments
and may not delete classifications unless such deletions are
in the best interest of the state. Classifications may be added
to the published prequalification list based on requests from
contracting agencies, from contractors and subcontractors
and from periodic evaluations of changes and developments
in the construction industry. The Department shall decide
whether or not to add a classification(s) within 60 days from
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1000 PROPOSED REGULATIONS
the date of a request to expand the list of published
prequalification classifications. The Department's decision
shall be based on changes and developments in the
construction industry, the nature and scope of pending or
anticipated large public works contracts that may require
prequalification and the identification of classifications that
may result in the enhanced quality of large public works
contracts. The list of prequalification classifications shall be
maintained on the World-Wide Web, the address of which
shall be published in all bid documents and applications for
prequalification .
3.4 The Department shall not be required to accept
applications for annual prequalification for classifications
not listed in the forms and procedures provided to applicants,
but may do so if such acceptance is in the best interest of the
State of Delaware.
4.0 Assigning Classification(s) to Contractors and
Subcontractors
4.1 Classifications for which contractors and
subcontractors may submit applications for prequalification
shall be clearly stated in the forms and procedures associated
with the prequalification process. Each stated classification
shall be accompanied by a brief description of the work,
services, labor, material, supplies or equipment generally
associated with that classification and may be accompanied
by specific instructions pursuant to Section 3.3 herein.
4.2 Each contractor or subcontractor that submits an
application for prequalification shall indicate on the
application the classification or classifications for which the
contractor or subcontractor wishes to be prequalified.
4.3 For each classification for which an applicant
wishes to be prequalified, the applicant shall use a form
provided by the Department to provide documentation that
the contractor or subcontractor has the experience and
expertise to perform the work or provide the services, labor,
material, supplies or equipment generally associated with
that classification.
4.4 The documentation provided by the applicant shall
include a description of one or more projects that include the
scope of work, services, labor, materials, supplies and
equipment provided by the contractor or subcontractor in its
involvement with the project. The documentation shall
include the project name, location, duration, completion
date, owner name and address and the name and address of
the project architect and/or engineer.
4.5 The contractual dollar value of work associated
with each project submitted as documentation for each
classification shall conform to Sections 5.5 and 6.6 herein.
4.6 The Department shall use the information and
documentation provided by the applicant to determine if the
contractor or subcontractor should be prequalified in the
selected classification or classifications. If the information
and documentation provided by the applicant is, at the sole
discretion of the Department, unclear, ambiguous, vague or
does not provide a sufficient basis on which to prequalify the
applicant, as a courtesy, the Department shall contact the
applicant once via certified mail, the project owner,
architect, engineer or other knowledgeable individuals in an
attempt to ascertain whether or not the applicant has the
experience and expertise to be prequalified in the selected
classification or classifications. However, it is the
applicant's responsibility, not the Department's, to ensure
that the information on the application meets the
requirements of these regulations.
4.7 The Department shall make every reasonable
attempt to ascertain if the applicant has the experience and
expertise to be prequalified in the classification or
classifications indicated on the application form. Based on
construction industry practices and norms, if the information
and documentation provided by the applicant, or information
obtained by the Department pursuant to Section 4.6 herein,
confirms that the applicant possesses the experience and
expertise to perform or provide the work, services, labor,
materials, supplies and equipment associated with the
classification or classifications indicated on the application
form, the contractor or subcontractor shall be prequalified
pursuant to 29 Del.C. Section 6962(c) and shall be so
informed either within 10 working days of the receipt of the
application or not less than 14 calendar days prior to the
closing date of a bid for a specific project. If the information
and documentation does not support the applicant's request
to be prequalified in one or more of the indicated
classifications pursuant to 29 Del C. Section 6962(c)(6) and
Section(c)(9), the application shall be rejected and
prequalification shall be denied. The applicant shall be so
informed within 10 working days of the receipt of the
application or within14 calendar days prior to the closing
date of a bid for a specific project.
4.8 The Department shall not be required to complete
the prequalification process and to notify the applicant not
less than 14 calendar days prior to the closing date of a bid
for a specific project unless the prequalification application
is received by the Department at least 28 days prior to the
closing date of the bid.
4.9 At the sole discretion of the Department, if the
information and documentation provided by the applicant, or
information obtained by the Department, confirms that the
applicant possesses the experience and expertise to perform
or provide the work, services, labor, materials, supplies and
equipment associated with a classification or classifications
not indicated by the contractor or subcontractor on the
application form, the Department may recommend that the
applicant be prequalified in one or more appropriate
classifications not indicated by the contractor or
subcontractor. If the Department recommends the
prequalification of an applicant in a classification or
classifications other than the classification or classifications
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1001
indicated on the application form, the applicant shall, in
writing, accept or reject prequalification in the
recommended classification or classifications within 30 days
of the Department's notice of such proposed additional
classifications or before bidding on a project in said
classification(s).
5.0 Assigning Maximum Contract Dollar Value
5.1 Each applicant for prequalification shall provide the
Department with documentation that demonstrates that the
contractor or subcontractor has the experience and ability to
provide the work, services, labor, materials, supplies and
equipment associated with the classification(s) or trades for
which the applicant seeks prequalification. The
documentation shall include the contractual dollar value for
each classification or trade for which the applicant seeks
prequalification for each prior project submitted as part of
the prequalification application process. If the applicant
seeks prequalification for multiple classifications or trades,
the applicant shall submit a separate contractual dollar value
for each classification. The dollar value of each project/
classification combination shall be submitted to the
Department by providing a copy of an executed contract or
subcontract and all change orders that increase or decrease
the value of the submitted contract or subcontract, or a
schedule of values, or a certified letter from an owner
verifying a contract dollar value and the classification to
which it applies, or another form of documentation specified
by the Secretary pursuant to Section 9.0 herein.
5.2 For each classification or trade for which a
contractor or subcontractor becomes prequalified, the
Department shall assign the maximum contract dollar value
for which the contractor or subcontractor may submit a bid.
The maximum dollar value shall be based on the dollar value
of projects that the contractor or subcontractor submits as
documentation of prior experience pursuant to 29 Del.C.
Section 6962(c)(3).
5.3 The Department shall request that an applicant for
prequalification submit at least two projects completed
within the previous 60 months for each classification for
which the applicant seeks prequalification as documentation
of prior experience pursuant to 29 Del.C. Section
6962(c)(3). If an applicant submits one project as
documentation of prior experience for each classification for
which the applicant seeks prequalification, such project shall
have been completed within the previous 60 months, and if
prequalified, the maximum dollar assigned to a contractor or
subcontractor for bid submittal shall be subject to a lower
limit pursuant to Sections 5.4 and 5.7 herein.
5.4 The maximum contract dollar value for bid
submittal that the Department shall assign to a prequalified
contractor or subcontractor (for each classification for which
the contractor or subcontractor is prequalified) shall be no
less than 120% of the higher dollar value of the two projects
that the contractor or subcontractor submits as
documentation of prior experience pursuant to 29 Del.C.
Section 6962(c)(3). If an applicant submits one project as
documentation of prior experience, the maximum dollar
value for which bids may be submitted shall be no less than
110% of the dollar value of the project submitted as part of
the prequalification application. The percentage cited in this
section shall be known as the "multiplier."
5.5 A contractor or subcontractor that is prequalified
for more than one classification shall be assigned a separate,
maximum contract dollar value for each classification. A
contractor or subcontractor that is prequalified in more than
one classification shall also be assigned a combined,
maximum contract dollar value. The combined, maximum
contract dollar value shall apply to contracts for which the
prequalified contractor or subcontractor submits a bid that
involves the provision work, services, labor, materials,
supplies and equipment associated with more than one
prequalified classification. The combined, maximum
contract value assigned by the Department shall be derived
from the total value of all work, services, labor, materials,
supplies and equipment provided by the applicant in
conjunction with prior projects that the applicant submits as
documentation of the experience and ability to complete
projects of a specific dollar value. The documentation shall
consist of a copy of an executed contract or subcontract and
all change orders that increase or decrease the value of the
submitted contract or subcontract, or a schedule of values, or
a certified letter from an owner verifying the total contract
dollar value of all work, services, labor, materials, supplies
and equipment associated with a specific project or projects,
or another form of documentation specified by the Secretary
pursuant to Section 9.0 herein. An applicant may cite a
single project as documentation of its experience and
abilities associated with a specific classification or
classifications as well as its experience and abilities to
complete a project of a specific dollar value that involves the
provision of work, services, labor, materials, supplies and
equipment in many trades or classifications. An applicant
may also submit one or more projects that demonstrates its
experience and abilities associated with a specific
classification or classifications and one or more other,
unrelated projects that demonstrates its experience and
abilities to complete a project of a specific dollar value that
involve the provision of work, services, labor, materials,
supplies and equipment in many trades or classifications.
5.6 The assignment of a maximum, combined dollar
value by the Department shall not increase or decrease the
maximum dollar value assigned to the contractor or
subcontractor for each classification in which the contractor
or subcontractor is prequalified.
5.7 The maximum, combined contract dollar value
shall be calculated in the same way the Department
calculates and assigns the maximum contract dollar value for
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1002 PROPOSED REGULATIONS
a specific classification. Sections 5.1, 5.2, 5.3 and 5.4 herein
shall also apply to the calculation of maximum, combined
contract dollar value. However, the calculation of maximum,
combined contract dollar value shall be based on the total
value of all work, services, labor, materials, supplies and
equipment provided by the applicant in conjunction with the
project or projects cited as documentation of experience and
ability to complete projects that involve many trades or
classifications.
5.8 On a case-by-case basis, the Department may, at its
discretion, evaluate an applicant's submission of project
documentation that deviates from the requirements
established in Section 5.4 herein. Based on the nature and
substance of the documentation submitted by an applicant,
the Department may reject the documentation and deny
prequalification, or may accept the documentation and use
the information pertaining to the contractual dollar value of
prior projects/classification combinations to evaluate the
application. Regardless of whether an alternate form of
project documentation is accepted for evaluation by the
Department, the applicant must provide separate contractual
dollar values for each classification for which the applicant
seeks prequalification, or the documentation shall not be
accepted by the Department.
5.9 On a periodic basis, the Secretary shall establish the
criteria by which the Department sets the maximum contract
dollar value for each classification for which a contractor or
subcontractor may apply for prequalification. On a periodic
basis, the Secretary shall also establish the criteria by which
the Department sets the combined, maximum contract value.
The Department shall send notice of any change in criteria
established pursuant to this Section to all prequalified
contractors and subcontractors within ten working days of
the establishment of the criteria. The Secretary shall have the
authority to make the effective date of any change in criteria
retroactive up to 12 calendar months. If the Secretary
establishes a retroactive effective date for criteria established
pursuant to this Section, all maximum contract dollar values
and all combined, maximum contract dollar values
associated with valid applications for prequalification
received on or after the effective date shall be recalculated
according to the criteria established by the Secretary. The
criteria for the maximum contract dollar value for each
classification and the combined, maximum contract dollar
value set by the Secretary shall include, but may not be
limited to the following items and shall be subject to the
minimum multipliers specified in Section 5.4 herein.
5.9.1 The number of projects that an applicant
must cite as documentation that the contractor or
subcontractor has the experience and expertise to perform or
provide the work, services, labor, materials, supplies and
equipment associated with a classification or classifications.
5.9.2 A multiplier pursuant to the minimum
figures specified in Section 5.4 herein that shall be applied to
the contractual dollar value of the project/classification that
the applicant provides as documentation of the experience
and expertise to perform or provide the work, services, labor,
materials, supplies and equipment associated with a specific
classification or classifications. The Secretary may assign
one multiplier to all classifications, or, if there is a
sufficiently compelling business reason, such as an
inordinate increase in the cost of specific goods, materials,
labor, services or other related factors may assign a different
multiplier to each classification.
5.9.3 The specific mathematical formula
pursuant to Sections 5.4 and 5.7.2 herein that will be used by
the Department to set the maximum dollar limit for each
classification for which the contractor or subcontractor has
applied for prequalification. The mathematical formula will
be made available on the Division's web site or in writing, if
so requested.
5.10 Pursuant to 29 Del.C Section 6962(c)(2), a
contractor or subcontractor which holds a valid
prequalification classification shall report any material
changes which could adversely affect the prequalification to
the Department in writing within 10 days of the material
change. A contractor or subcontractor may also report to the
Department in writing material changes that could positively
affect the contractor's or subcontractor's prequalification
status or the maximum dollar values assigned by the
Department to each prequalified contractor's or
subcontractor's classification(s). If a prequalified contractor
or subcontractor provides information and documentation
concerning the successful completion of a project that was
not complete, and therefore not able to be considered by the
Department at the time of the applicant's application for
prequalification, the Department shall reevaluate the
maximum contract dollar value assigned to the contractor or
subcontractor. The evaluation of project/classification
information and documentation submitted at any time by a
prequalified contractor or subcontractor shall be subject to
all Sections of these regulations as well as the requirements
of 29 Del.C Section 6962(c).
5.11 Any change in prequalification status as a
result of information and documentation submitted pursuant
to Section 5.10 herein shall not change the expiration date of
the contractor's or subcontractor's twelve-month
prequalification term.
6.0 "Maximum Contract Dollar Value," "Combined,
Maximum Contract Value" "Estimated Contract Value" in
the Submission of Bids by Prequalified Contractors and
Subcontractors:
6.1 Each contractor and subcontractor that has been
prequalified by the Department shall be assigned a
"maximum contract dollar value" for each classification in
which it is prequalified pursuant to Sections 5.1 through
5.9.5 herein. The maximum contract value shall be used to
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1003
determine the contracts for which the prequalified contractor
or subcontractor may submit a bid.
6.2 Pursuant to 29 Del.C. Section 6962(c), for each
contract that a contracting agency requires prequalified
contractors and subcontractors, the contracting agency shall
specify the classification(s) for which prequalification shall
be required. The contracting agency shall also specify the
estimated contract value for each classification.
6.3 A prequalified contractor or subcontractor may
submit a bid for a contract in the classification in which it is
prequalified if the maximum contract dollar value assigned
to the contractor or subcontractor by the Department is equal
to or greater than the estimated contract value for the
classification in which the contractor or subcontractor
wishes to submit a bid.
6.4 If a prequalified contractor or subcontractor
submits a bid pursuant to Sections 6.1, 6.2 and 6.3 herein,
and if the bid is more than the prequalified contractor's or
subcontractor's maximum contract dollar value, the
contracting agency may accept the bid and award a contract
pursuant to 29 Del.C. Section 6962. However, the
contracting agency may elect to reject any bid received
pursuant to 29 Del.C. Section 6923(n)(3).
6.5 If a prequalified contractor or subcontractor wishes
to submit a bid for a contract for which the contracting
agency requires prequalified bidders, but the contractor's or
subcontractor's maximum contract dollar value is less than
the estimated contract value for a specific classification, the
prequalified contractor or subcontractor may still submit a
bid. However, if the contractor or subcontractor submits a
bid higher than the bidder's maximum contract dollar value
for a specific classification, the contracting agency shall
reject the bid.
6.6 If a prequalified contractor or subcontractor intends
to submit a bid for one contract in two or more
classifications, the requirements of Sections 6.1 through 6.5
herein shall apply to each individual classification. The
following additional requirements shall also apply:
6.6.1 A prequalified contractor or subcontractor
may submit a bid for a contract in two or more classifications
in which it is prequalified if the combined, maximum
contract dollar value assigned to the contractor or
subcontractor by the Department is equal to or greater than
the total estimated contract values for the classifications in
which the contractor or subcontractor submits a bid.
6.6.2 If a prequalified contractor or
subcontractor submits a bid pursuant to Section 6.6.1 herein,
and if the combined bid is more than the prequalified
contractor's or subcontractor's combined maximum contract
dollar value, the contracting agency may accept the bid and
award a contract pursuant to 29 Del.C. Section 6962.
However, the contracting agency may elect to reject any bid
received pursuant to 29 Del.C. Section 6923(n)(3).
6.6.3 If a prequalified contractor or
subcontractor intends to submit a bid for a contract for which
the contracting agency requires prequalified bidders, but the
contractor's or subcontractor's combined maximum contract
dollar value is less than the combined estimated contract
value for the specific classifications for which the contractor
or subcontractor intends to bid, the prequalified contractor or
subcontractor may still submit a bid. However, if the
contractor or subcontractor submits a bid higher than the
bidder's combined, maximum contract dollar value for the
specific classifications bid, the contracting agency shall
reject all or part of the bid. The contracting agency may
accept bids for individual classifications pursuant to Section
6.5 herein as long as the combined value of the bids accepted
by the contracting agency do not exceed the prequalified
contractor's or subcontractor's combined, maximum
contract dollar value.
7.0 Contractors that accept bids from subcontractors
shall follow the requirements of Subsections 6.1 through
6.6.3 herein for state projects that require the
prequalification of subcontractors pursuant to 29 Del.C
Section 6962(c).
8.0 Pursuant to 29 Del.C Section 6962(c)(8) the
Department shall maintain a registry of all contractors and
subcontractors prequalified to bid on large public works
contracts. The registry shall include the classifications(s),
maximum contract value and combined maximum contract
value for each prequalified contractor and subcontractor.
The Department may post the registry on the World-Wide
Web and advertise and distribute it through other means, as
deemed necessary by the Department
9.0 From time to time, the Secretary may specify form
of documentation that an applicant may submit to document
its experience and ability to provide the work, services,
labor, materials, supplies and equipment associated with the
classification(s) or trades for which the applicant seeks
prequalification. Notice of the Department's intent to change
the form of documentation that an applicant may submit with
its application shall be sent to all contractors and
subcontractors listed in the Department's registry of thencurrent
prequalified contractors and subcontractors with a
request for comment on the proposed changes. The
Department shall send requests for comment at least 60 days
prior to the proposed date that the change of documentation
becomes effective. The Department shall consider all such
comments and may not change the form of documentation
unless such change is in the best interest of the state.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1004 PROPOSED REGULATIONS
DIVISION OF PROFESSIONAL REGULATION
BOARD OF ELECTRICAL EXAMINERS
24 DE Admin Code 1400
Statutory Authority: 24 Delaware Code,
Sections 1406(a)(1) (24 Del.C. §§1406(a)(1))
The Delaware Board of Electrical Examiners in
accordance with 24 Del.C. §1406(a)(1) has proposed
changes to its rules and regulations. The rules make it clear
that experience may be supported by a tax form W-2 only
when an affidavit by the supervisor or employer is not
available. In addition, the changes give inspection agencies
the responsibility for confirming that a person requesting an
inspection is licensed under the chapter or otherwise
permitted to perform the work to be inspected. The Division
of Professional Regulation will provide current lists of
licensees quarterly to the agencies to facilitate confirming
the status of a licensee. The rules also provide that an
inspection agency shall notify the Board of any violation,
and the Division of Professional Regulation will send the
notice of violation to the other inspection agencies and any
local building inspector having jurisdiction over the
structure.
A public hearing will be held at 9:00 a.m. on April 2,
2003 in the second floor conference room A of the Cannon
Building, 861 Silver Lake Boulevard, Dover, Delaware
where members of the public can offer comments. Anyone
wishing to receive a copy of the proposed rules and
regulations may obtain a copy from the Delaware Board of
Electrical Examiners, 861 Silver Lake Blvd, Cannon
Building, Suite 203, Dover DE 19904. Persons wishing to
submit written comments may forward these to the Board at
the above address. The final date to receive written
comments will be at the public hearing.
The Board will consider promulgating the proposed
regulations at its regularly scheduled meeting following the
public hearing.
Proposed Rules and Regulations
1.0 License required.
1.1 No person shall perform electrical services or
represent themselves as qualified to perform electrical
services without first having been duly licensed unless
specifically excepted by statute. 24 Del.C. §§1407, 1419.
1.2 To perform electrical services or electrical work
means to plan, estimate, layout, perform, or supervise the
installation, erection, or repair of any electrical conductor,
molding, duct, raceway, conduit, machinery, apparatus,
device, or fixture for the purpose of lighting, heating, or
power in or on any structure or for elevators, swimming
pools, hot tubs, electric signs, air conditioning, heating,
refrigeration, oil burners, and overhead and underground
primary distribution systems.
1.3 A license is not required for servicing equipment in
the fields of heating, air conditioning, refrigeration or
appliances.
2.0 Applications.
2.1 Applications may be obtained in person during
regular business hours or by mail from the Division of
Professional Regulation, Cannon Building, Ste. 203, 861
Silver Lake Boulevard, Dover, DE 19904-2467.
Applications must be made in the name of the individual, not
a company. The Board shall approve the application form to
insure that it contains all of the information necessary to
satisfy the statutory requirements for licensure.
2.2 Applications which are incomplete shall be retained
for one year to allow an applicant the opportunity to
supplement the application. After one year, incomplete
applications are destroyed. Thereafter, an applicant must
resubmit a current application with the appropriate fee.
2.3 Applications approved for testing will be valid for
two years. If the test isn't taken, the application is destroyed.
Thereafter, an applicant must resubmit a current application
with the appropriate fee.
3.0 Qualifications.
3.1 Persons demonstrating the education and
experience qualifications set forth in 24 Del. C. §1408 may
be licensed as a master electrician, limited electrician, master
electrician special, or limited electrician special.
3.2 An applicant shall submit proof of qualifications
verified by his or her affidavit on a form approved by the
Board. Proof of experience requires either an employer's
affidavit describing the nature of the experience. If an
applicant cannot obtain the required affidavit from the
supervising licensed electrician, tax W-2 forms showing
full-time employment may be substituted at the discretion of
the Board. or a tax form w-2. The required experience and
training must be completed prior to taking the licensure test.
3.3 Applicants relying on military training and
experience shall submit official documentation from the
supervising officials showing type and approximate hours of
work experience. Other official military documentation that
reliably verifies military training and experience may be
accepted when supervisory officials are not available or
cannot be located.
3.4 The requirement of two years of technical training
under 24 Del.C. §1408 (a)(1)(c) can be met by successful
completion of two years of technical training related to
electrical technology in a vocational/technical high school or
by completion of 48 credit hours in technical training related
to electrical technology at an accredited post-secondary
school.
3.5 The experience necessary under 24 Del.C. §1408 to
qualify for a particular license must relate to the activity
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1005
authorized by such a license as defined in 24 Del.C.
§1402(10) - (13).
See 4 DE Reg. 1788 (5/1/01)
4.0 Examinations.
4.1 As a condition of licensure, applicants shall obtain
a grade of 75% on the Division-approved test. Only the
National Electrical Code Book can be used during the test as
a reference. Applicants should submit a completed
application with all necessary credentials for Board approval
at least 45 days before the test is given. As long as the
credentials have been approved, a license may issue from the
Division of Professional Regulation upon proof of obtaining
a passing score on the test, proof of insurance, and payment
of the fee as provided herein. A member of the State Board
of Electrical Examiners may attend the examination. All
scores will be presented to the Board at the first meeting
after the examination results are available. The roster of
persons qualified for licensure will appear in the minutes.
4.2 Applicants who fail two consecutive times with a
grade of less than 50% each time must wait one year before
retesting.
See 4 DE Reg. 1788 (5/1/01)
5.0 Fees.
5.1 Fee information can be obtained from the Division
of Professional Regulation, Cannon Building Ste. 203, 861
Silver Lake Boulevard, Dover, DE 19904 -2467.
6.0 License and Insurance.
6.1 The license will be issued by the Division of
Professional Regulation to a qualified applicant upon receipt
of the required fee and proof of insurance.
6.2 Each licensee shall maintain general liability
insurance of at least $300,000.00. Proof of said insurance
shall be submitted at the time of license issuance and each
renewal.
6.3 The insurance requirement is satisfied for a licensee
who is performing work as an employee as long as the
employer is insured for the risk on the work performed as
required under these regulations. A licensee who also
works independently from his or her employer must
maintain separate insurance for that risk as provided under
these regulations.
See 4 DE Reg. 1788 (5/1/01)
7.0 Expiration and Renewal.
7.1 Beginning in 2002, all licenses expire June 30 and
biennially every two years thereafter.
7.2 As a condition of renewal, each applicant must
show proof of continuing education as required in the Rules
and Regulations. Extra continuing education hours do not
carry over to the next licensing period. Renewal applications
will be audited by the Board for compliance with the
continuing education requirements.
7.3 A license is expired when a licensee has failed to
either complete the requirements for renewal or obtain
permission for inactive status. A licensee may activate an
expired license within one year of the date the renewal
application was due by meeting all requirements and paying
an additional fee set by the Division of Professional
Regulation.
7.4 A licensee with a valid license may request in
writing to be placed on inactive status. An inactive status
can be effective for up to two years and renewed biennially
by application to the Division upon proof of 10 hours of
continuing education. Said license may be reactivated by the
Board upon written request, proof of insurance, and payment
of a prorated fee to be computed by the Division of
Professional Regulation.
7.5 A licensee is not authorized to work as a licensed
electrician in this State during the period of inactive status.
7.6 An individual whose license has expired for more
than one year must reapply as a new applicant. Any prior
training and experience satisfies the requirements under 24
Del.C. §1408(a). However, the applicant must take the
examination required by §1408(5) again and achieve a
passing score.
See 4 DE Reg. 1788 (5/1/01)
8.0 Continuing Education
8.1 Continuing education (CE) is required of all
licensees and proof shall be submitted to the Board by April
30 of any year after 2000 in which a license is to be renewed.
For example, if a license must be renewed June 30, 2001, the
proof of completion of CE is due on April 30, 2001. A
licensee who has submitted CE hours that are not allowed
will be notified so that he or she may obtain replacement CE
before the June 30 expiration of the license.
8.2 Courses must be approved by the Board in order to
qualify as CE. Licensees may contact the Administrative
Assistant of the Board at the Division of Professional
Regulation to determine whether particular courses have
been approved.
8.2.1 Courses shall be designed to maintain and
enhance the knowledge and skills of licensees related to
providing electrical services.
8.2.2 Sponsors or licensees can obtain Board
approval of courses at any time by completing a form
approved by the Board and including a course outline with
the number of classroom hours and name of the instructor.
8.2.3 Sponsors or licensees seeking preapproval
should submit the request as provided in 8.1.2 at
least 60 days before the CE course is being offered.
8.2.4 Approval of CE automatically expires on
September 1, 2002 and every three years thereafter on each
September 1. A sponsor or licensee must reapply for
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1006 PROPOSED REGULATIONS
approval as provided in 8.2.1.
8.3 Licensees shall complete 10 hours of approved CE
during each renewal period with the following exceptions - a
person licensed less than one year does not need to complete
CE at the first renewal; a person licensed one year but less
than two years must submit 5 CE hours at the first renewal.
Beginning with the licensees second renewal, 5 of the 10 CE
hours required for renewal must be related to the National
Electrical Code.
8.4 The Board may consider a waiver of CE
requirements or acceptance of partial fulfillment based on
the Board's review of a written request with supporting
documentation of hardship.
8.5 A log of CE on a form approved by the Board shall
be maintained and submitted. Documentation of the CE
should not be routinely sent with the log but must be retained
during the licensure period to be submitted if the renewal
application is selected for CE audit. Random audits will be
performed by the Board to ensure compliance with the CE
requirements. Licensees selected for the random audit shall
submit attendance verification.
See 4 DE Reg. 1788 (5/1/01)
9.0 Loss of license holder
9.1 A procedure permitting temporary practice after
loss of a licensee to avoid business interruption is provided
in 24 Del.C. §1418 and is necessary only where there is no
currently employed licensee to assume the duties of the
former license holder.
9.2 The notification must include documentation of the
business relationship with the former license holder.
10.0 Exceptions.
10.1 No license is required for performing electrical
work by the following persons or entities:
10.1.1 persons working under the supervision of
a Delaware licensed master or limited electrician;
10.1.2 persons under the supervision of a licensed
electrician who is the owner or full-time employee of a
company performing electrical work;
10.1.3 a professional engineer in a manufacturing
or industrial plant having six years experience in electrical
planning and design who is registered with the Board as the
person responsible for the plant repairs, maintenance, and
electrical additions;
10.1.4the Department of Transportation, or a
contractor, for work performed by or under the supervision
of the Department for the installation erection, construction,
reconstruction and/or maintenance of drawbridges and
traffic control devices
10.1.5 persons working beyond the main breaker
or fuse of 200 amps or less in a structure used exclusively for
agriculture;
10.1.6 persons performing the work of any light
or power company, electric or steam railway company,
telegraph or telephone company when the work is part of the
plant or service used in rendering authorized service to the
public such as power delivery by an electric company. This
exception ends at the point of service, termination box, or
demarcation point;
10.1.7 a homeowner who has obtained a
homeowners permit provided by law.
11.0 Reciprocity
11.1 An applicant for licensure by reciprocity shall
complete an application approved by the Board and cause a
certificate of good standing to be sent to the Board from the
licensing agencies of all jurisdictions where the applicant is
or has been licensed. Upon request an applicant for
licensure under this provision must submit to the Board a
copy of reciprocal state's current licensure requirements.
11.2 If the reciprocal state's requirements are not
substantially similar to those of this State, as determined by
the Board, the applicant shall submit proof of practice for at
least five years after licensure. Proof of practice can be by an
employer's affidavit, tax form w-2 , or tax Schedule C.
requires an employer's affidavit describing the nature of the
applicant's experience. If an applicant cannot obtain an
affidavit from the employer, tax W-2 forms showing fulltime
employment may be substituted at the discretion of the
Board. A self-employed applicant may submit tax form
Schedule C as proof of practice.
12.0 Required Inspection.
12.1 Every licensee shall file for an inspection by a
licensed inspection agency no later than five working days
after the commencement of electrical work. The inspection
agency shall complete the inspections no later than five
working days after the application has been received.
12.2 Any professional engineer excepted from
licensure shall at least annually file with the Board a
certificate of inspection by a licensed inspection agency and
a letter stating that all repairs, maintenance, and additions to
a manufacturing or industrial plant meet the Standards of the
National Electrical Code. The annual inspection should
include a representative sampling of the work performed by
the authority of the responsible professional engineer.
12.3 Any person performing electrical work on
agricultural structures excepted from licensure shall
nevertheless obtain a certificate of inspection from a licensed
inspection agency for new installations.
12.4 Any person authorized to perform work by a
homeowner's permit shall obtain a final inspection by a
licensed inspection agency.
13.0 Organization of the Board
13.1 Election of Officers
Annually during the July meeting, the Board shall
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1007
elect officers to serve for a one year term from September 1-
August 31.
13.2 Duties of the Officers
13.2.1 President - The president shall preside at
all meetings, designate subordinates when provided by law,
sign correspondence on behalf of the Board, and perform
other functions inherent in the position. In conducting
meetings or hearings, the President may limit or exclude
evidence as provided under the Administrative Procedures
Act unless overruled by a majority of the Board.
13.2.2 Vice President - The Vice President
assumes the duties and powers of the President when the
President is unavailable.
13.2.3 Secretary - The Secretary assumes the
duties and powers of the President when neither the
President nor the Vice President is available.
13.2.4 Complaint officer - The complaint officer
shall be a member who works with the investigator of the
Division of Professional Regulation when complaints are
investigated pursuant to 29 Del.C. §8807. The complaint
officer shall report to the Board when complaints are closed
and recuse himself or herself from participating in
disciplinary hearings involving matters that have been
reviewed in his or her capacity as complaint officer.
13.2.5 Education officer - The education officer
may review courses submitted for continuing education
approval and makes recommendations to the Board.
13.3 Meeting Minutes
The minutes of each meeting are taken by the
Administrative Assistant from the Division of Professional
Regulation and approved by the Board.
See 4 DE Reg. 1788 (5/1/01)
14.0 Homeowners Permits
14.1 The Division of Professional Regulation is
authorized to issue homeowners permits pursuant to an
application process approved by the Board. Generally
homeowners permits are not required for replacement in
kind but are required for new construction, renovation, and
any work that requires a building permit.
14.2 A homeowner shall not be permitted to install
his or her own internal wiring, electrical work or equipment
associated with a hot tub or a swimming pool.
See 4 DE Reg. 1788 (5/1/01)
15.0 Inspection agencies
15.1 Inspection agencies shall be licensed in accord
with the provisions of 24 Del.C. §1421 in order to operate in
Delaware. An application on a form approved by the Board
must be filed at the Division of Professional Regulation.
Licenses must be renewed annually on June 30 by
completing the renewal form and paying the fee determined
by the Division.
15.2 No inspection agency will be approved until it
produces proof of general liability insurance in the amount
of at least $1,000,000.00 and errors and omissions insurance
in the amount of at least $1,000,000.00.
15.3 Inspection agencies must submit, to the
Division of Professional Regulation, the names of its
employees who are inspectors and proof of compliance with
the statutory requirements for inspectors. Inspectors must
have seven years of experience in residential, commercial, or
industrial wiring. Proof of experience shall be submitted by
affidavit of the named employer, a tax form w-2, or tax
Schedule C. The experience requirement for an inspector
employed by an approved inspection agency on July 20,
1999 is satisfied with seven years of inspection experience.
Each inspector shall also submit a passing score for the
Electrical one and two family dwelling and the Electrical
General examinations within 18 months of employment and
the Electrical Plan Review examination within 24 months of
employment. For inspectors employed by the inspection
agency on July 20, 1999, the time for taking said
examinations shall run from the date these regulations
become effective and not the date first employed.
See 4 DE Reg. 1788 (5/1/01)
15.4 An employee of an inspection agency shall
confirm that the person who has filed for an inspection is a
licensee under this chapter, a homeowner having a permit, or
a person who has performed work allowed under an
exception to licensure. The Division of Professional
Regulation will provide quarterly lists of licensees to each
inspection agency licensed in this State.
15.5 If a violation found in an inspection is not
corrected within 15 days as provided in 24 Del.C. §1421(g),
the inspection agency shall notify the Board in writing and
include a copy of the notice of violation. The Division of
Professional Regulation will send, on behalf of the Board,
the notice of violation to the other inspection agencies and to
any local building inspector having jurisdiction over the
structure.
16.0 Voluntary treatment option for chemically
dependent or impaired professionals.
A voluntary treatment option is available for chemically
dependent or impaired professionals as provided in 29
Del.C. §8807 (n) who are reported to the Board or Division
using the following procedures:
16.1 If the report is received by the president of the
Board, that president shall immediately notify the Director
of Professional regulation or his/her designate of the report.
If the Director of Professional Regulation receives the
report, he/she shall immediately notify the president of the
Board, or that president's designate or designates.
16.2 The president of the Board or that president's
designate or designates shall, within seven (7) days of
receipt of the report, contact the individual in question and
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1008 PROPOSED REGULATIONS
inform him/her in writing of the report, provide the
individual written information describing the Voluntary
Treatment Option, and give him/her the opportunity to enter
the Voluntary Treatment Option.
16.3 In order for the individual to participate in the
Voluntary Treatment Option, he/she shall agree to submit to
a voluntary drug and alcohol screening and evaluation at a
specified laboratory or health care facility. This initial
evaluation and screen shall take place within thirty (30) days
following notification to the professional by the participating
Board president or that president's designate(s).
16.4 A regulated professional with chemical
dependency or impairment due to addiction to drugs or
alcohol may enter into the Voluntary Treatment Option and
continue to practice, subject to any limitations on practice
the participating Board president or that president's
designate or designates or the Director of the Division of
Professional Regulation or his/her designate may, in
consultation with the with the treating professional, deem
necessary, only if such action will not endanger the public
health, welfare or safety, and the regulated professional
enters into an agreement with the Director of Professional
Regulation or his/her designate and the president of the
Board or that president's designate for a treatment plan and
progresses satisfactorily in such treatment program and
complies with all terms of that agreement. Treatment
programs may be operated by professional Committees and
Associations or other similar professional groups with the
approval of the Director of Professional Regulation and the
President of the Board.
16.5 Failure to cooperate fully with the Board
president or that president's designate or designates or the
Director of the Division of Professional Regulation or his/
her designate in regard to the Voluntary Treatment Option or
to comply with their requests for evaluations and screens
may disqualify the regulated professional from the
provisions of the Voluntary Treatment Option and the Board
president or that president's designate or designates shall
cause to be activated an immediate investigation and
institution of disciplinary proceedings, if appropriate, as
outlined in 29 Del.C. §8807(h).
16.6 The Voluntary Treatment Option may require a
regulated professional to enter into an agreement which
includes, but is not limited to the following provisions:
16.6.1 Entry of the regulated professional into a
treatment program approved by the Board. Board approval
shall not require that the regulated professional be identified
to the Board. Treatment and evaluation functions must be
performed by separate agencies to assure an unbiased
assessment of the regulated professionals progress.
16.6.2 Consent to the treating professional of the
approved treatment program to report on the progress of the
regulated professional to the president of the Board or to that
presidents designate or designates or to the Director of the
Division of Professional Regulation or his/her designate at
such intervals as required by the president of the Board or
that presidents designate or designates or the Director of the
Division of Professional Regulation or his/her designate, and
such person making such report will not be liable when such
reports are made in good faith and without malice.
16.6.3 Consent of the regulated professional, in
accordance with applicable law, to the release of any
treatment information from anyone within the approved
treatment program.
16.6.4 Agreement by the regulated professional
to be personally responsible for all costs and charges
associated with the Voluntary Treatment Option and
treatment program(s). In addition, the Division of
Professional Regulation may assess a fee to be paid by the
regulated professional to cover administrative costs
associated with the Voluntary Treatment Option. The
amount of the fee imposed under this paragraph shall
approximate and reasonably reflect the costs necessary to
defray the expenses of the Board, as well as the proportional
expenses incurred by the Division of Professional
Regulation in its services on behalf of the Board in addition
to the administrative costs associated with the Voluntary
Treatment Option.
16.6.5 Agreement by the regulated professional
that failure to satisfactorily progress in such treatment
program shall be reported to the Boards president, or his/her
designate or designates or to the Director of the Division of
Professional Regulation or his/her designate by the treating
professional who shall be immune from any liability for such
reporting made in good faith and without malice.
16.7 The regulated professionals records of
participation in the Voluntary Treatment Option will not
reflect disciplinary action and shall not be considered public
records open to public inspection. However, the
participating Board may consider such records in setting a
disciplinary sanction in any future matter in which the
regulated professionals chemical dependency or impairment
is an issue.
16.8 The Boards president, his/her designate or
designates or the Direction of the Division of Professional
Regulation or his/her designate may, in consultation with the
treating professional at any time during the Voluntary
Treatment Option, restrict the practice of a chemically
dependent or impaired professional if such action is deemed
necessary to protect the public health, welfare or safety.
16.9 If practice is restricted, the regulated
professional may apply for unrestricted licensure upon
completion of the program.
16.10 Failure to enter into such agreement or to
comply with the terms and make satisfactory progress in the
treatment program shall disqualify the regulated professional
from the provisions of the Voluntary Treatment Option, and
the Board shall be notified and cause to be activated an
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PROPOSED REGULATIONS 1009
immediate investigation and disciplinary proceedings as
appropriate.
16.11 Any person who reports pursuant to this
section in good faith and without malice shall be immune
from any civil, criminal or disciplinary liability arising from
such reports, and shall have his/her confidentiality protected
if the matter is handled in a non-disciplinary matter.
16.12 Any regulated professional who complies with
all of the terms and completes the Voluntary Treatment
Option shall have his/her confidentiality protected.
DIVISION OF PROFESSIONAL REGULATION
COUNCIL ON REAL ESTATE APPRAISERS
24 DE Admin Code 2930
Statutory Authority: 24 Delaware Code,
Section 2934(a) (24 Del.C. §2934(a))
The Delaware Council on Real Estate Appraisers has
proposed to revise provisions of its rules and regulations.
The proposal puts licensed trainees on the biennial renewal
cycle and specifies the continuing education requirements.
All licensees and certificate holders who have been licensed
more than 12 months must submit evidence of continuing
education for renewal. The requirement for the 7 hr. USPAP
course will be implemented as required by the Appraisal
Subcommittee.
A public hearing will be held on April 15, 2003 at 10:00
in Conference Room A on the second floor of the Cannon
Building, 861 Silver Lake Boulevard, Dover, Delaware
19904 where members of the public can offer comments.
Anyone wishing to receive a copy of the Proposed rules and
regulations may obtain a copy from Dana Spruill,
Administrative Specialist, Division of Professional
Regulation, 861 Silver Lake Blvd, Cannon Building, Suite
203, Dover, DE 19904. Individuals may submit written
comments at the above address. The final date for receipt of
written comments will be at the public hearing.
The Council will consider promulgating the proposed
rules and regulations at its regularly scheduled meeting
following the conclusion of the public hearing.
1.0 Application for Appraiser License or Certificate
1.1 Application
A person who wishes to file an application for a real
property appraiser license or certificate may obtain the
required form upon request to the Council. In general, the
form calls for information such as the applicant's name and
address, the applicant's social security number, places of
residence and employment, experience, education, and other
information as may be necessary to identify the applicant
and review the applicant's qualifications for licensure or
certification.
1.2 Filing and Fees
1.2.1 Properly completed applications together
with the appropriate fee(s) must be received in the Council's
office prior to scheduling the examination.
1.2.2 A fee set by the Division of Professional
Regulation will be charged for the following:
1.2.2.1 Initial application and licensure for
appraiser trainee license
1.2.2.2 Initial application and licensure for
licensed real property appraiser license
1.2.2.3 Initial application and certification for
certified residential real property appraiser certificate
1.2.2.4 Initial application and certification for
certified general real property appraiser certificate
1.2.2.5 Renewal fee
1.2.2.6 Duplicate license and certificate fee
1.2.2.7 Roster fee
1.2.2.8 Federal Appraiser Registry fee
1.2.2.9 Letter of Good Standing
1.2.2.10 Copies of the Uniform Standards of
Professional Appraisal Practice
1.2.3 Fees shall be made payable to the "State of
Delaware," and mailed to the Delaware Council on Real
Estate Appraisers, Cannon Building, Suite 203, 861 Silver
Lake Boulevard, Dover, Delaware 19904. For further
information, please contact the Administrative Assistant to
the Council at (302) 739-4522.
See 4 DE Reg. 1504 (3/1/01)
2.0 Appraiser Licensing and Certification
2.1 Qualifications for Appraiser Licensure and
Certification
2.1.1 Applicants for certification as a state
certified general or residential real property appraiser shall
satisfy the qualification requirements stated in 24 Del.C.
§2936, which adopts by reference "Title XI of the Financial
Institutions Reform, Recovery, and Enforcement Act of
1989, Public Law 101-73, and any subsequent amendments
thereto or any regulations promulgated thereunder" and
"qualification criteria established by the Appraiser
Qualifications Board of the Appraisal Foundation and any
subsequent amendments thereto." A summary of the criteria
set by the Appraiser Qualification Board (AQB) is available
from the Division of Professional Regulation and designated
"Informational Supplement to the Regulations." The
Supplement is regularly updated by the Council but the most
current information is available directly from the AQB
whose address and website are provided on the Supplement.
2.1.2 Applicants for licensure as a State licensed
real property appraiser shall satisfy the qualification criteria
established by the Appraisal Qualifications Board of the
Appraisal Foundation and any subsequent amendments
thereto. A summary of the criteria set by the Appraiser
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1010 PROPOSED REGULATIONS
Qualification Board (AQB) is available from the Division of
Professional Regulation and designated "Informational
Supplement to the Regulations." The Supplement is
regularly updated by the Council but the most current
information is available directly from the AQB whose
address and website are provided on the Supplement.
2.1.3 Applicants for licensure as a state licensed
appraiser trainee shall satisfy the qualification criteria
established by the Appraisal Qualifications Board of the
Appraisal Foundation and any subsequent amendments
thereto. A summary of the criteria set by the Appraiser
Qualification Board (AQB) is available from the Division of
Professional Regulation and designated "Informational
Supplement to the Regulations." The Supplement is
regularly updated by the Council but the most current
information is available directly from the AQB whose
address and website are provided on the Supplement
2.2 License and Certificate Renewal
2.2.1 In September of each odd numbered year,
the Division of Professional Regulation will send renewal
notices to the mailing address on file of all licensees and
certificate holders licensed and certified appraisers.
Certificates and licenses will expire on October 31st of each
odd numbered year.
2.2.2 As a condition of renewal, all licensees
and certificate holders, either resident or reciprocal, shall be
required to satisfy the continuing education requirements set
forth in rule 2.3 of this Section.
2.3 Continuing Education
2.3.1 As a prerequisite to renewal, all licensees
and certificate holders are required to present evidence of
continuing education satisfactory to the Council according to
the following schedule:
2.3.1.1 no continuing education is required
for fewer than 12 months of licensure required;
2.3.1.2 fourteen (14) hours of continuing
education are required after at least 12 months but fewer than
24 months of licensure; and
2.3.1.3 twenty-eight (28) hours of continuing
education are required after 24 months of licensure.
2.3.1 As a prerequisite to renewal of a real
property appraiser license or certificate, the licensee or
certificate holder shall present evidence satisfactory to the
Council of having completed during the immediately
preceding two (2) years, the number of classroom hours of
instruction, approved by the Council as set by the Appraiser
Qualifications Board (AQB) as from time-to-time amended,
as provided by 24 Del.C. §2934(c).
2.3.2 As a prerequisite to renewal of all
licensees and certificate holders a license, certificate and
trainee license, a seminar dealing with updating of Uniform
Standards of Professional Appraisal Practice (USPAP) or a
seminar dealing with USPAP shall be required in each
license period. A minimum of four (4) hours will be
required. The seminars must be approved by the Council.
This provision will be superseded by the 7-hour National
USPAP Update Course which will be required for any
renewal after October 31, 2003.
2.3.3 Programs must be structured to maintain
or increase an appraiser's skill, knowledge, and competency
in real estate appraising. The following topics are
appropriate but not exclusive:
2.3.3.1 Influences on real estate value
2.3.3.2 Legal consideration of appraisal
2.3.3.3 Types of value
2.3.3.4 Real estate markets and analysis
2.3.3.5 Valuation process
2.3.3.6 Property description
2.3.3.7 Highest and best use
2.3.3.8 Appraisal math & statistics
2.3.3.9 Sales comparison approach
2.3.3.10 Site value
2.3.3.11 Cost approach
2.3.3.12 Income approach
2.3.3.12.1 Estimation of income and
expenses
2.3.3.12.2 Operating statement ratios
2.3.3.12.3 Direct capitalization
2.3.3.12.4 Cash flow estimates
2.3.3.12.5 Measures of cash flow
2.3.3.12.6 Discounted cash flow
analysis
2.3.3.12.7 Gross rent multiplier
analysis
2.3.3.13 Valuation of partial interests
2.3.3.14 Appraisal standards and ethics
2.3.3.15 Narrative report writing
2.3.3.16 Appraisal Statistical concepts
2.3.3.17 Ad valorem taxation
2.3.3.18 Arbitration
2.3.3.19 Business courses related to real
estate appraisal
2.3.3.20 Development cost estimating
2.3.3.21 Ethics and standards of
professional practice
2.3.3.22 Land use planning, zoning and
taxation
2.3.3.23 Management, leasing, brokerage,
timesharing
2.3.3.24 Property development
2.3.3.25 Real estate appraisal (valuations/
evaluations)
2.3.3.26 Real estate financing and
investment
2.3.3.27 Real estate law
2.3.3.28 Real estate litigation
2.3.3.29 Real estate appraisal related
computer applications
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PROPOSED REGULATIONS 1011
2.3.3.30 Real estate securities and
syndication
2.3.3.31 Real property exchange
2.3.4 Continuing education credit, up to 14
hours per licensure cycle, may also be granted for
participation, other than as a student, in:
2.3.4.1 Teaching, including preparation time
up to the number of hours spent teaching, for example, a 3
hour class can be submitted for 6 hours if the preparation
time was at least 3 hours.
2.3.4.2 Program development
2.3.4.3 Authorship of textbooks
2.3.5 Field trips, excluding travel time, that
relate to real estate appraisal may qualify.
2.3.6 A creditable hour is defined as fifty
minutes out of each sixty minute segment. The educational
offering must be at least two hours.
2.3.7 Distance learning courses may be
approved by Council for content as long as the provider
fulfils one of the following requirements:
2.3.7.1 The course is presented in an
instructional setting with a person qualified to answer
questions, provide information, and monitor attendance; or
2.3.7.2 The course is offered by an accredited
college or university that offers distance learning in other
disciplines or by an institution approved by the American
Council on Education's program on Non-collegiate
Sponsored Instruction. The student must successfully
complete a written examination. If the examination is not
required for accreditation, the student must complete the
course mechanisms that demonstrate mastery and fluency; or
2.3.7.3 The course has been certified for
delivery and design by the International Distance
Educations Certification Center (IDEC).
2.3.8 Educational offerings that have
documented approval by the AQB or another state are
automatically approved when they are submitted to the
Council with a certificate of attendance. In cases where the
educational offering has not been approved by the AQB or
another state, either the provider or the appraiser must apply
to the Council for approval using a form approved by the
Council. Applicants seeking pre-approval must submit all
required documentation 60 days before the scheduled
offering.
2.4 Duplicate License or Certificate Fee
2.4.1 By submitting a written request to the
Council and paying the appropriate fee as set by the Division
of Professional Regulation, a licensee or certificate holder
may obtain a duplicate real property appraiser license,
certificate or pocket card to replace an original license,
certificate or pocket card which has been lost, damaged,
destroyed, or if the name of the licensee or certificate holder
has been lawfully changed. An official copy (notarized) of a
marriage license, divorce decree or court order of a name
change must accompany a request for a change of name.
2.5 Federal Appraiser Registry
Licensees and certificate holders are required to be
enrolled in the federal roster or registry of state licensed and
state certified real property appraisers. The fee established
for that purpose shall be paid biennially by the license or
certificate holder to the State of Delaware.
See 4 DE Reg. 1504 (3/1/01)
3.0 Examination
3.1 Examination
3.1.1 The Council shall review each application
to determine whether the applicant is qualified to sit for the
examination. Such review shall consider the applicant's
education and whether the applicant has been convicted of a
felony, substance abuse or fraud within the last five years
preceding the date of application. If the applicant meets the
education requirement for the license or certificate applied
for and has not been convicted of a felony, substance abuse
or fraud within the last five years preceding the date of
application, the applicant shall be entitled to take the
appropriate examination.
3.1.2 Applicants for licensure as a state licensed
real property appraiser and for certification as a state
certified residential or general real property appraiser shall
successfully complete the examination as endorsed by the
AQB and approved by the Council on Real Estate
Appraisers. The prerequisites to sit for the applicable
examination are completion of the education/classroom hour
requirement and not having been convicted of a felony,
substance abuse or fraud within the five years preceding the
date of the application.
3.1.3 The passing scores on the examinations
shall be the scores recommended as passing by Assessment
Systems, Inc., the successor agency or company then
contracted by the Division of Professional Regulation for
administering the examination as endorsed by the Council on
Real Estate Appraisers.
See 4 DE Reg. 1504 (3/1/01)
4.0 General Appraisal Practice
4.1 Administrative Responsibilities
4.1.1 A State licensed real property appraiser shall
utilize the term "State licensed real property appraiser"; a
State certified residential real property appraiser shall utilize
the term "State certified residential real property appraiser";
and a State certified general real property appraiser shall
utilize the term "State certified general real property
appraiser" when performing and signing appraisals. The
terms "certified" or "licensed" shall not be used in
connection with appraisals or appraisers in any other form.
A State licensed appraiser trainee shall use the term "State
licensed appraiser trainee" and shall only co-sign appraisals
along with a State licensed or State certified real property
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1012 PROPOSED REGULATIONS
appraiser. Approved abbreviations are as follows:
DE Cert. Gen. followed by the certification
number,
DE Cert. Res. followed by the certification
number,
DE Lic. Appr. followed by the license number,
DE Appr. Trainee followed by the license
number.
4.1.2 The real property appraiser license or
certificate of a State licensed or State certified real property
appraiser shall be prominently displayed at the appraiser's
place of business.
4.1.3 The biennial license or certificate renewal
pocket card issued by the Council to each State licensed or
State certified real property appraiser shall be retained by the
licensee or certificate holder as evidence of licensure or
certification.
4.1.4 When advertising or otherwise holding
himself/herself out as a real property appraiser, a State
licensed real property appraiser shall identify himself/herself
as a "State licensed real property appraiser." A State
certified residential real property appraiser shall identify
himself/herself as a "State certified residential real property
appraiser". A State certified general real property appraiser
shall identify himself/herself as a "State certified general real
property appraiser."
4.1.5 Licensure or certification as a real property
appraiser is granted only to persons and does not extend to a
business entity. A State licensed or State certified real
property appraiser doing business as a partnership,
association, corporation, or other business entity shall not
represent in any manner to the public that the partnership,
association, corporation, or other business entity is either
licensed or certified by the State of Delaware to engage in
the business of real estate appraising.
4.1.6 All licensees and certificate holders shall
notify the Council in writing of each change of business
address, residence address, or trade name within ten (10)
days of said change. The address shall be sufficiently
descriptive to enable the Council to correspond with and
locate the licensee or certificate holder.
4.1.7 Each written appraisal report prepared by or
under the direction of a State licensed or State certified real
property appraiser shall bear the signature of the State
licensed or State certified appraiser, the license or certificate
number of the licensee or certificate holder in whose name
the appraisal report is issued, and the appropriate title such
as "State licensed appraiser trainee" (as co-signer only),
"State licensed real property appraiser," "State certified
residential real property appraiser," or the designation "State
certified general real property appraiser," or the approved
abbreviations as specified in Rule 4.1.1. Said certified or
licensed appraiser shall be fully responsible for the content
of the report prepared under his or her direction. Where
applicable, each appraisal report shall also indicate whether
or not the State licensed or State certified appraiser has
personally inspected the property, and shall identify any
other person who assists in the appraisal process other than
by providing clerical assistance.
4.1.8 Each State certified or State licensed
appraiser shall be responsible for the proper maintenance
and retention of the appraisal records.
4.2 Responsibilities of Supervisors of State Licensed
Trainees
4.2.1 A state licensed appraiser trainee may assist
in the completion of an appraisal report, including an
opinion of value, and may co-sign an appraisal, provided that
he/she is actively and personally supervised by a state
certified or licensed real property appraiser, provided that
the appraisal report is reviewed and signed by the state
certified or licensed real property appraiser, and provided
that the licensed or certified appraiser accepts total
responsibility for the appraisal report.
4.2.2 A state licensed or state certified real
property appraiser may employ a person(s) as a state
licensed appraiser trainee(s) to assist in the performance of
real estate appraisals, provided that the state licensed or state
certified real property appraiser:
4.2.2.1 Provides direct supervision of the state
licensed appraiser trainee as defined in the Uniform
Standards of Professional Appraisal Practice (USPSP);
"Direct Supervision" means to:
4.2.2.1.1 personally inspect with the
trainee the interior and exterior of each property appraised;
4.2.2.1.2 personally review each appraisal
report prepared by the trainee;
4.2.2.1.3 accept full responsibility for the
report;
4.2.2.1.4 assign work to the trainee only if
the trainee is competent to perform such work; and
4.2.2.1.5 approve and sign the report as
being independently and impartially prepared and in
compliance with USPAP, these rules and regulations, and
applicable statutory requirements;
4.2.2.2 Reviews all appraisal reports and
supporting data used in connection with appraisals in which
the services of a state licensed appraiser trainee is utilized;
4.2.2.3 Complies with all provisions of 4.1.7
regarding appraisal reports;
4.2.2.4 Reviews and approves an trainee's
experience log maintained pursuant to 4.3.2.2. The
supervisor shall make available to the trainee a copy of any
appraisal report that the trainee signed that is requested for
review by the Council;
4.2.2.5 Supervises no more than three (3)
trainees whose application for exemption has not been
approved by the Council pursuant to Rule 4.2.3;
4.2.2.6 Signs an affidavit affirming that he/she
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PROPOSED REGULATIONS 1013
is a State licensed or certified Real Property Appraiser and
that he/she shall comply with all rules and policies regarding
supervisory appraisers; and
4.2.2.7 Immediately advises the Council in
writing when the certified or licensed appraiser is no longer
supervising the trainee. The writing shall include the last
known address of the appraiser trainee along with a copy of
the letter from the supervisor to the trainee advising the
trainee that his/her employment has been terminated or the
letter of resignation from the trainee to the supervisor,
whichever is applicable.
4.2.3 After the trainee successfully completes
seventy-five (75) hours of education on real estate matters
satisfactory to the Council, and has obtained two hundred
fifty (250) hours of residential appraising or one thousand
(1,000) hours of non-residential appraising experience as
defined by the Appraisal Qualifications Board in its
appraisal qualifications criteria, the supervisor and the
trainee may jointly apply to the Council on a form provided
by the Council, for an exemption that would allow the
supervisor to sign the report without inspecting the property
as provided by Rule 4.2.2.1.1, provided the trainee is
competent to perform the inspection.
4.3 Responsibilities of State Licensed Appraiser
Trainees:
4.3.1 All appraiser trainees must be licensed as
required under 24 Del.C. Ch. 29.
4.3.2 A State licensed trainee may assist in the
performance of real estate appraisals provided that:
4.3.2.1 The trainee shall only work under the
direct supervision of one or more State licensed or state
certified real property appraiser(s); an individual who is no
longer supervised shall not engage in the act of appraising
until a new license is issued showing a new supervisor;
4.3.2.2 The trainee shall maintain an appraisal
experience log on a form provided by the Council and
certified by the supervising appraiser;
4.3.2.3 The trainee shall inspect the property
and participate in the appraisal process in order to sign the
appraisal and to receive experience credit for the hours
spent. The appraisal shall be signed by the trainee as
follows:
Assisted by:
__________________________________________,Trainee
Name:___________________________________________
License Number: ___________________
4.3.2.4 The trainee shall ensure that the log is
available at all times for inspection by the Council; and
4.3.2.5 When performing appraisal
assignments, the trainee shall carry on his/her person the
license issued by the Council.
See 4 DE Reg. 1504 (3/1/01)
5.0 Temporary Practice & Reciprocity
5.1 Temporary Practice
The Council may grant temporary licensing or
certification privileges in accordance with 24 Del.C.
§2935(a).
5.2 Reciprocity
The Council may grant a reciprocal license in
accordance with 24 Del.C. §2935(b) to applicants certified
or licensed in another state whose requirements for
certification or licensure are substantially equivalent to the
State of Delaware without being registered with and duly
licensed or certified by the Council on Real Estate
Appraisers.
6.0 Guidelines for Qualifying Mass Appraisal
Experience
6.1 Qualifying Mass Appraisal Experience
6.1.1 The Delaware Council on Real Estate
Appraisers ("Council") has developed an application for ad
valorem tax assessors to apply mass appraisal experience
toward licensure or certification. The application is different
from the application for independent fee appraisers, and,
therefore, the Council has prepared this document as
supplemental explanation of the mass appraisal experience
guidelines set forth in the Tax Assessor's Application for
Real Estate Appraiser License or Certificate. The State of
Delaware under 24 Del.C. §2934(c), sets forth specifically:
"(c) The Council on Real Estate Appraisers is
required to include in its regulations educational experience
and testing requirements for licensure and certification of
real estate appraisers that ensure protection of the public
interest. Educational experience and testing requirements
for certified and licensed appraisers must specifically meet
the criteria established under Title XI of the Financial
Institutions Reform Recovery Act of 1989, public Law 101-
73, and any subsequent amendments thereto or any
regulations promulgated thereunder. (67 Del Laws, C. 381
ss1; 68 Del. Laws, c. 140, § 5-7, 15.)"
6.1.2 Further, The Appraiser Qualifications Board
of the Appraisal Foundation has issued as additional
explanation "Interpretations/Clarifications" to accompany
the qualifying criteria for appraiser licensure and
certification, which specifically sets forth:
"Experience credit should be awarded to ad
valorem appraisers who demonstrate that they (1) use
techniques similar to those used by appraisers to value
properties and (2) effectively use the appraisal process.
6.1.3 Components of the mass appraisal process
that should be given credit are highest and best use analysis,
model specification (developing the model), and model
calibration (developing adjustments to the model). Other
components of the mass appraisal process, by themselves,
shall not be eligible for experience credit.
6.1.4 Mass appraisals shall be performed in
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1014 PROPOSED REGULATIONS
accordance with USPAP Standard 6." In order to evaluate
the experience qualifications of ad valorem tax assessors
with mass appraisal experience, the Council will review such
applications considering the above - mentioned criteria, and
shall review work samples for compliance with USPAP
Standard 6. It is important to note that any individual
appraisal reports prepared in conformity with USPAP
Standards 1 and 2 are fully creditable as appraisal experience
using the hourly scheme set forth in the category for Full
Appraisals in the Real Property Tax Assessor's Application
for Real Estate Appraiser License or Certificate. Such
reports are often prepared by ad valorem appraisers for
defense of value work. Ad valorem appraisers are
encouraged to apply for experience credit for full appraisals
as well as for mass appraisal experience. An hour of
experience is defined as actual verifiable time spent
performing tasks in accordance with the Council Rules and
Regulations. USPAP Standard 6 sets forth in detail the
required work and the reporting of that work for ad valorem
tax purposes. Unlike the fee appraiser who prepares and
signs a report for each value estimate, the ad valorem
appraiser typically prepares analyses and reports that support
the appraisals for groups of properties. These efforts are
focused on the specification and calibration of models
(validation schedules) for these groups of properties.
6.1.5 Mass appraisal experience hours are awarded
for completing appraisals pursuant to the USPAP Standard
6. Currently, a minimum of 2,000 hours is required for all
applicants for licensure, a minimum of 2,500 hours is
required for all applicants for certified residential, and a
minimum of 3,000 hours is required for all applicants for
certified general, of which a minimum of 1,000 hours must
be obtained in non-residential valuation if applying for the
General Certification. The State of Delaware has the same
qualification criteria as published by the Appraiser
Qualifications Board of the Appraisal Foundation.
6.1.6 As stated in the Real PropertyTax Assessor's
Application for Real Estate Appraiser License or Certificate,
applicants seeking mass appraisal experience credit must
demonstrate their experience using one of the following
options:
6.1.6.1 Develop the mass appraisal system
(model specification and calibration that includes highest
and best use analysis) or;
6.1.6.2 Adjust an existing mass appraisal
system to local market conditions (model calibration that
includes highest and best use analysis).
6.1.7 Data collection for purposes of mass
appraisal, defined as the on-site collection of property
characteristics, is not by itself creditable as appraisal
experience. However, as part of mass appraisal model
specification and/or calibration, the applicant accepts
responsibility for the accuracy of market (sales) data used to
develop and/or calibrate the models. Therefore, it is
important that the applicant have a working familiarity with
the range of properties in the sales sample and thus
creditable experience is allowed for sales verification work
in conjunction with the mass appraisal model specification/
calibration process.
6.1.8 The applicant must have a documented data
collection manual that specifies how each property
characteristic was measured. For each property
characteristic that influences the final value for any property,
a complete specification of the variable must be available in
the mass appraisal model (schedule) documentation. This
documentation must detail how each property characteristic
influences value and it must provide a basis in terms of
market evidence for using these characteristics.
6.1.9 If the applicant is using an existing mass
appraisal system, either mass appraisal vendor supplied or a
commercial cost service, documentation must exist which
supports how the valuation system was calibrated to local
market conditions. If the cost approach is used,
documentation must exist which illustrates the extraction of
depreciation schedules from local market analysis.
6.1.10 If the applicant develops the mass appraisal
model (schedule) specification, evidence derived directly
from the local market must be available that supports the use
of each property characteristic. For property characteristics
included in the model that have a marginal influence on
value (items generally included for public relations
purposes), such items should be specifically identified and
their contribution to value detailed.
6.2 Mass Appraisal Experience Log
6.2.1 Applicants seeking mass appraisal experience
credit must complete the Mass Appraisal Experience Log on
a form approved by the Council.
See 4 DE Reg. 1504 (3/1/01)
7.0 Standards of Appraisal Practice
7.1 Appraisal Standards
7.1.1 In performing the acts and services of a state
licensed or state certified real property appraiser, every
appraiser trainee, state licensed and state certified real
property appraiser shall comply with those appraisal practice
standards known as the "Uniform Standards of Professional
Appraisal Practice" and any subsequent amendments
thereto, promulgated by the Appraisal Standards Board of
the Appraisal Foundation or it successor organization, which
standards are hereby adopted by reference.
7.1.2 Copies of the "Uniform Standards of
Professional Appraisal Practice" are available upon request
to The Appraisal Foundation, 1029 Vermont Avenue, N.W.,
Suite 900 Washington, D.C. 20005-3517 and are made
available by the Council from time-to-time.
8.0 Complaints and Hearing Procedures
8.1 Complaints
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PROPOSED REGULATIONS 1015
The Council incorporates by reference the
procedures for investigation of complaints by the Division of
Professional Regulation as set forth in 29 Del.C. §8807.
8.2 Hearing Procedures
8.2.1 All hearings shall be in accordance with the
Administrative Procedures Act, 29 Del.C. §§10121-10129.
See 4 DE Reg. 1504 (3/1/01)
9.0 Public Disclosure
9.1 Public Notice
9.1.1 All meetings shall be convened in compliance
with the Freedom of Information Act (FOIA) in 29 Del.C.
Chapter 100.
9.2 Meeting Minutes
Minutes shall be kept of all meetings in accordance
with the Freedom of Information Act.
9.2.1 Said minutes shall include a record of those
present.
9.2.2 The minutes shall also include a record by
individual members, on each vote taken, as well as any
action agreed upon.
9.2.3 It shall be the responsibility of the Council's
Administrative Assistant to prepare said minutes and keep a
copy on file with the Division of Professional Regulation.
9.3 Council Records
9.3.1 It shall be the responsibility of the Council's
Administrative Assistant to maintain the Council's records
and to make then accessible to the general public.
9.3.2 No citizen of the State of Delaware shall be
denied reasonable access to the public records of the
Council. Copies of records may be obtained from the
Administrative Assistant at a cost per page as established by
the Division.
9.3.3 The Council shall not be obligated to disclose
to the general public any matter which intrudes upon an
individual's personal or private affairs which is not a public
record in which the public has not legitimate interest.
Records will be open to the public in reference to the
Freedom of Information Act.
See 4 DE Reg. 1504 (3/1/01)
10.0 Change and Modification to Rules and Regulations
10.1 The Council may, change or modify these Rules
and Regulations as provided in 29 Del.C. §§10111-10119.
See 4 DE Reg. 1504 (3/1/01)
11.0 Severability
11.1 If any part of these rules and regulations is held
invalid, unconstitutional or otherwise contrary to law, then it
shall be severable and the remaining portions hereof shall
remain and continue in full force and effect.
See 4 DE Reg. 1504 (3/1/01)
12.0 Voluntary Treatment Option for Chemically
Dependent or Impaired Professionals
12.1 If the report is received by the chairperson of the
regulatory Council, that chairperson shall immediately
notify the Director of Professional Regulation or his/her
designate of the report. If the Director of Professional
Regulation receives the report, he/she shall immediately
notify the chairperson of the regulatory Council, or that
chairperson's designate or designates.
12.2 The chairperson of the regulatory Council or that
chairperson's designate or designates shall, within 7 days of
receipt of the report, contact the individual in question and
inform him/her in writing of the report, provide the
individual written information describing the Voluntary
Treatment Option, and give him/her the opportunity to enter
the Voluntary Treatment Option.
12.3 In order for the individual to participate in the
Voluntary Treatment Option, he/she shall agree to submit to
a voluntary drug and alcohol screening and evaluation at a
specified laboratory or health care facility. This initial
evaluation and screen shall take place within 30 days
following notification to the professional by the participating
Council chairperson or that chairperson's designate(s).
12.4 A regulated professional with chemical
dependency or impairment due to addiction to drugs or
alcohol may enter into the Voluntary Treatment Option and
continue to practice, subject to any limitations on practice
the participating chairperson or that chairperson's designate
or designates or the Director of the Division of Professional
Regulation or his/her designate may, in consultation with the
treating professional, deem necessary, only if such action
will not endanger the public health, welfare or safety, and the
regulated professional enters into an agreement with the
Director of Professional Regulation or his/her designate and
the chairperson of the participating Council or that
chairperson's designate for a treatment plan and progresses
satisfactorily in such treatment program and complies with
all terms of that agreement. Treatment programs may be
operated by professional Committees and Associations or
other similar professional groups with the approval of the
Director of Professional Regulation and the chairperson of
the participating Council.
12.5 Failure to cooperate fully with the participating
Council chairperson or that chairperson's designate or
designates or the Director of the Division of Professional
Regulation or his/her designate in regard to the Voluntary
Treatment Option or to comply with their requests for
evaluations and screens may disqualify the regulated
professional from the provisions of the Voluntary Treatment
Option, and the participating Council chairperson or that
chairperson's designate or designates shall cause to be
activated an immediate investigation and institution of
disciplinary proceedings, if appropriate, as outlined in
subsection (h) of this section.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1016 PROPOSED REGULATIONS
12.6 The Voluntary Treatment Option may require a
regulated professional to enter into an agreement which
includes, but is not limited to, the following provisions:
12.6.1 Entry of the regulated professional into a
treatment program approved by the participating Council.
Council approval shall not require that the regulated
professional be identified to the Council. Treatment and
evaluation functions must be performed by separate agencies
to assure an unbiased assessment of the regulated
professional's progress.
12.6.2 Consent to the treating professional of the
approved treatment program to report on the progress of the
regulated professional to the chairperson of the participating
Council or to that chairperson's designate or designates or to
the Director of the Division of Professional Regulation or
his/her designate at such intervals as required by the
chairperson of the participating Council or that chairperson's
designate or designates or the Director of the Division of
Professional Regulation or his/her designate, and such
person making such report will not be liable when such
reports are made in good faith and without malice.
12.6.3 Consent of the regulated professional, in
accordance with applicable law, to the release of any
treatment information from anyone within the approved
treatment program.
12.6.4 Agreement by the regulated professional to
be personally responsible for all costs and charges associated
with the Voluntary Treatment Option and treatment
program(s). In addition, the Division of Professional
Regulation may assess a fee to be paid by the regulated
professional to cover administrative costs associated with the
Voluntary Treatment Option. The amount of the fee imposed
under this subparagraph shall approximate and reasonably
reflect the costs necessary to defray the expenses of the
participating Council, as well as the proportional expenses
incurred by the Division of Professional Regulation in its
services on behalf of the Council in addition to the
administrative costs associated with the Voluntary
Treatment Option.
12.6.5 Agreement by the regulated professional
that failure to satisfactorily progress in such treatment
program shall be reported to the participating Council's
chairperson or his/her designate or designates or to the
Director of the Division of Professional Regulation or his/
her designate by the treating professional who shall be
immune from any liability for such reporting made in good
faith and without malice.
12.6.6 Compliance by the regulated professional
with any terms or restrictions placed on professional practice
as outlined in the agreement under the Voluntary Treatment
Option.
12.7 The regulated professional's records of
participation in the Voluntary Treatment Option will not
reflect disciplinary action and shall not be considered public
records open to public inspection. However, the participating
Council may consider such records in setting a disciplinary
sanction in any future matter in which the regulated
professional's chemical dependency or impairment is an
issue.
12.8 The participating Council's chairperson, his/her
designate or designates or the Director of the Division of
Professional Regulation or his/her designate may, in
consultation with the treating professional at any time during
the Voluntary Treatment Option, restrict the practice of a
chemically dependent or impaired professional if such action
is deemed necessary to protect the public health, welfare or
safety.
12.9 If practice is restricted, the regulated professional
may apply for unrestricted licensure upon completion of the
program.
12.10 Failure to enter into such agreement or to comply
with the terms and make satisfactory progress in the
treatment program shall disqualify the regulated professional
from the provisions of the Voluntary Treatment Option, and
the participating Council shall be notified and cause to be
activated an immediate investigation and disciplinary
proceedings as appropriate.
12.11 Any person who reports pursuant to this section
in good faith and without malice shall be immune from any
civil, criminal or disciplinary liability arising from such
reports, and shall have his/her confidentiality protected if the
matter is handled in a nondisciplinary matter.
12.12 Any regulated professional who complies with all
of the terms and completes the Voluntary Treatment Option
shall have his/her confidentiality protected unless otherwise
specified in a participating Council's rules and regulations.
In such an instance, the written agreement with the regulated
professional shall include the potential for disclosure and
specify those to whom such information may be disclosed.
See 4 DE Reg. 1504 (3/1/01)
DEPARTMENT OF AGRICULTURE
HARNESS RACING COMMISSION
Statutory Authority: 3 Delaware Code,
Section 10027 (3 Del.C. §10027)
PLEASE TAKE NOTICE, that pursuant to 3 Del. C. §
10005 and 29 Del. C. § 10115, the Department proposes to
amend Rule 7.3.9 and Rule 7.6.6.3. The Commission will
accept written comments from March 1, 2003 through April
28, 2003. The Commission will hold a public hearing on the
proposed rule amendment on April 29, 2003 at 10:00 a.m. at
Harrington Raceway, Harrington, DE. Written comments
should be submitted to John Wayne, Administrator of
Racing, Delaware Harness Racing Commission, 2320 S.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1017
DuPont Highway, Dover, DE 19901.
The Commission proposes to amend the Rules as
follows: 1) amend Rule 7.6.6.3 to delete the phrase "after
the recall point is passed"; and 2) amend Rule 7.3.9 to
provide a more detailed procedure for the cancellation of
races due to weather conditions.
Michael F. McTaggart, Deputy Attorney General
7.0 Rules of the Race
7.1 Declarations and Drawing
7.1.1 Declarations
7.1.1.1 Unless otherwise specified in the
conditions, the declaration time shall be as follows:
7.1.1.1.1 Extended pari-mutuel
meetings, 9:00 a.m.
7.1.1.1.2 All other meetings, 10:00
a.m.
7.1.1.2 The time when declarations close
will be considered to be local time at the track where the race
is being contested.
7.1.1.3 No horse shall be permitted to
start in more than one race on any one racing day. Races
decided by more than one heat are considered a single race.
7.1.1.4 The association shall provide a locked
box with an aperture through which declarations shall be
deposited.
7.1.1.5 The Presiding Judge shall be in
charge of the declaration box.
7.1.1.6 Just prior to opening of the box at
extended pari-mutuel meetings where futurities, stakes, early
closing or late closing events are on the program, the
Presiding Judge shall check with the racing secretary to
ascertain if any declarations by mail, telegraph, facsimile
machine or otherwise, are in the office and not deposited in
the entry box, and shall see that they are declared and drawn
in the proper event. At other meetings, the Presiding Judge
shall ascertain if any such declarations have been received
by the speed superintendent or racing secretary of the fair,
and shall see that they are properly declared and drawn.
7.1.2 Drawing
7.1.2.1 The entry box shall be opened at the
advertised time by the Presiding Judge, who shall ensure that
at least one horseman or an official representative of the
horsemen is present. No owner or agent for a horse with a
declaration in the entry box shall be denied the privilege of
being present. Under the supervision of the Presiding Judge,
all entries shall be listed, the eligibility verified, preference
ascertained, starters selected and post positions drawn. If it
is necessary to reopen any race, public announcement shall
be made at least twice and the box reopened to a definite
time.
7.1.2.2 Subject to Commission approval, at
non-extended meetings in the event of the absence or
incapacity of the Presiding Judge, the functions enumerated
above may be performed by one or more associate judges, or
by a person designated by the Presiding Judge, for whose
acts and conduct Presiding Judge shall be wholly
responsible. If a substitution is made as herein provided, the
name and address of the associate judge(s) or person so
substituting shall be entered in the Judges' Book.
At extended meetings in the event of
the absence or incapacity of the Presiding Judge, the
functions enumerated above may be performed by one or
more associate judges who shall have been designated by the
Presiding Judge, prior to the start of the meeting, in the form
of a written notice to the Commission and to the association
conducting the meeting. A record shall be kept in the
Judges' Book showing the name of the individual who
performed such functions on each day of the meeting.
7.1.2.3 In races of a duration of more than
one dash or heat at pari-mutuel meetings, the judges may
draw post positions from the stand for succeeding dashes or
heats.
7.1.2.4 Declarations by mail, telegraph,
facsimile machine or telephone actually received and
evidence of which is deposited in the box before the time
specified to declare in, shall be drawn in the same manner as
the others. Such drawings shall be final. Mail, telegraph,
facsimile machine and telephone declarations must state the
name and address of the owner or lessee; the name, color,
sex, sire and dam of the horse; the driver's name and racing
colors; the date and place of last start; a current summary,
including the number of starts, firsts, seconds, thirds,
earnings and best winning time for the current year; and the
event or events in which the horse is to be entered.
7.1.2.5 Failure to declare as required shall be
considered a withdrawal from the event.
7.1.2.6 After declaration to start has been
made no horse shall be withdrawn except by permission of
the judges. A fine, not to exceed $500, or suspension may be
imposed for withdrawing a horse without permission, the
penalty to apply to both the horse and the party who violates
the regulation.
7.1.2.7 Where the person making the
declaration fails to honor it and there is no opportunity for a
hearing by the judges, this penalty may be imposed by the
commission representative.
7.1.2.8 Where a horse properly declared is
omitted from the race by error of the association, the race
shall be redrawn; provided, however, that the error is
discovered prior to the publication of the official program.
7.1.2.9 In the event there are two tiers of
horses, the withdrawing of a horse that has drawn or earned a
position in the front tier shall not affect the position of the
horses that have drawn or earned positions in the second tier,
except as provided for in handicap claiming races. Whenever
a horse is drawn from any tier, horses on the outside move in
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1018 PROPOSED REGULATIONS
to fill up the vacancy. When there is only one trailer, it may
start from any position in the second tier. When there is
more than one trailer, they must start from inside any horse
with a higher post position.
7.1.3 Qualifying Races
7.1.3.1 Qualifying races and starting gate
schooling shall be held according to the demand as
determined by the Presiding Judge or State Steward.
7.1.3.2 Qualifying standards shall be set at
each track by the racing secretary and the judges. These may
vary at different times of the year to accommodate weather
and the class of horse available. Standards for trotters will
be two seconds slower than pacers.
7.1.3.3 At all extended pari-mutuel meetings
declarations for overnight events shall be governed by the
following:
7.1.3.3.1 Before racing at a chosen
gait, a horse must go a qualifying race at that gait under the
supervision of a licensed judge and acquire at least one
charted line by a licensed charter. In order to provide
complete and accurate chart information on time and beaten
lengths, a standard photo finish shall be in use.
7.1.3.3.2 Any horse that fails to race
within thirty (30) days of its last start must go a qualifying
race as set forth in a) above. However, at any race meeting
this period can be extended up to sixty (60) days upon
receiving approval of the Commission. The time period
allowed shall be calculated from the date of the last race to
and including the date of declaration. Horses entered and in
to go in a race or races which are canceled due to no fault of
their own, shall be considered to have raced in that race, and
no start shall be counted for date preference purposes.
7.1.3.3.3 When a horse has raced at a
charted meeting and then gone to meetings where the races
are not charted the information from the uncharted lines may
be summarized including each start and consolidated in
favor of charted lines to include a charted line within the last
thirty (30) days before the horse is permitted to race. The
consolidated line shall carry date, place, time, driver, finish,
track condition and distance.
7.1.3.3.4 The judges may permit a
horse to qualify by means of a timed workout consistent with
the time of the races in which he will compete in the event
adequate competition is not available for a qualifying race.
7.1.3.3.5 When, for the purpose of
qualifying the driver, a horse is declared in to race in a
qualifying race, its performance shall be applicable to the
horse's eligibility to race and the chart line shall be notated to
indicate driver qualifying.
7.1.3.3.6 If a horse takes a win race
record in either a qualifying race or a matinee race, such
record must be prefaced with the letter "Q" wherever it
appears, except in a case where, immediately prior to or
following the race, the horse taking the record has been
submitted to an approved urine, saliva or blood test. It will
be the responsibility of the Presiding Judge to report the test
on the Judges' Sheet.
7.1.3.4 Any horse regularly wearing hopples
shall not be permitted to be declared to race without them
and any horse regularly racing without hopples shall not be
permitted to wear hopples in a race without first having
qualified with this equipment change. In addition to the
foregoing, any horse regularly wearing hopples and which is
not on a qualifying list or Stewards' List, is allowed one start
without hopples in a qualifying race; and this single
performance shall not affect its eligibility to race with
hopples in a subsequent event to which it is declared.
7.1.3.5 In their discretion the judges may
require a horse to qualify for any reason; provided, however,
that a horse making a break in each of two consecutive races
may not be required to qualify if the breaks were solely
equipment breaks and/or were caused solely by interference
and/or track conditions.
7.1.3.6 A horse must qualify if:
7.1.3.6.1 it does not finish for reasons
other than interference or broken equipment.
7.1.3.7 A charted line containing only a break
or breaks caused by interference or an equipment break shall
be considered a satisfactory charted line.
7.1.3.8 The judges shall use the interference
break mark only when they have reason to believe that the
horse was interfered with by another horse or the equipment
of another horse.
7.1.3.9 If qualifying races are postponed or
canceled, an announcement shall be made to the participants
as soon as the decision is made.
7.1.4 Coupled Entries
When the starters in a race include two or more
horses owned by the same person, or trained in the same
stable or by the same management, they shall be coupled as
an "entry", and a wager on one horse in the entry shall be a
wager on all horses in the "entry"; provided, however, that
when a trainer enters two or more horses in a stake, early
closing, futurity, free-for-all or other special event under
bona fide separate ownership, such horses may, at the
request of the association, made through the State Steward,
and with the approval of the Commission, be permitted to
race as separate entries. If the race is split in two or more
divisions, horses in an "entry" shall be seeded in separate
divisions insofar as possible, but the divisions in which they
compete and their post positions shall be drawn by lots. The
above provisions shall also apply to elimination heats. The
person making the declaration of a horse that qualifies as a
coupled entry with another horse entered in the same event
shall be responsible to designate the word "entry" on the
declaration blank. The Presiding Judge shall be responsible
for coupling horses. In addition to the foregoing, horses
separately owned or trained may be coupled as an entry
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1019
where it is necessary to do so to protect the public interest for
the purpose of pari-mutuel wagering only; provided,
however, that where this is done entries may not be rejected.
7.1.5 Also Eligibles
Not more than two horses may be drawn as
also eligibles for a race and their positions shall be drawn
along with the starters in the race. In the event one or more
horses are excused by the judges, the also eligible horse or
horses shall race and take the post position drawn by the
horse that it replaces, except in handicap races. In handicap
races the also eligible horses shall take the place of the horse
that it replaces in the event that the handicap is the same. In
the event the handicap is different, the also eligible horse
shall take the position on the outside of horses with a similar
handicap. No horse may be added to a race as an also
eligible unless the horse was drawn as such at the time
declarations closed. No horse may be barred from a race to
which it is otherwise eligible by reason of its preference due
to the fact that it has been drawn as an also eligible. A horse
moved into the race from the also eligible list cannot be
drawn except by permission of the judges, but the owner or
trainer of such a horse shall be notified that the horse is to
race and it shall be posted at the racing secretary's office. All
horses on the also eligible list and not moved in to race by
Scratch Time on the day of the race shall be released.
7.1.6 Preference Dates
Preference dates shall be given to horses in all
overnight events at extended pari-mutuel tracks in
accordance with the following:
7.1.6.1 The date of the horse's last previous
start in a purse race is its preference date with the following
exceptions:
7.1.6.1.1 The preference date on a
horse that has drawn to race and has been scratched is the
date of the race from which scratched.
7.1.6.1.2 When a horse is racing for
the first time after February 1 in the current year, the date of
the first declaration into a purse race shall be considered its
preference date.
7.1.6.1.3 Wherever horses have equal
preference in a race, the actual preference of said horses in
relation to one another shall be determined by backdating, up
to two starts, the horse having raced closest to the draw
having the least preference. If no preference is determined,
preference will be determined by lot.
7.1.6.1.4 When an overnight race has
been re-opened because it did not fill, all eligible horses
declared into the race prior to the re-opening shall receive
preference over other horses subsequently declared,
irrespective of the actual preference dates, excluding horses
already in to go.
7.1.6.2 This rule relative to preference is not
applicable at any meeting at which an agricultural fair is in
progress. All horses granted stalls and eligible must be
given an opportunity to compete at these meetings.
7.2 Timing and Records
7.2.1 Timing
7.2.1.1 The time of each heat or dash shall be
accurately taken by two timers or an approved electric
timing device, in which case there shall be one timer, and
placed in the record in minutes, seconds and fifths of
seconds, and upon the decision of each heat the time thereof
shall be publicly announced or admitted to the record. When
the timers fail to act, no time shall be announced or recorded.
7.2.1.2 The time shall be taken from the first
horse leaving the point from which the distance of the race is
measured until the winner reaches the wire.
7.2.1.3 The leading horse shall be timed and
its time only shall be announced. No horse shall obtain a win
race record by reason of the disqualification of another horse
unless the horse's actual race time can be determined by
photo finish or electronic timing.
7.2.1.4 In the case of a dead heat, the time
shall constitute a record for the horses making the dead heat
and both shall be considered winners.
7.2.2 Records
7.2.2.1 In order that performances thereon
may be recognized or published as official, every association
shall have filed with the Commission the certificate of a duly
licensed civil engineer or land surveyor that the track has
been measured from wire to wire three feet out from the
inside hub rail or other fixed marker and certifying exactly
the result of such measurement. Each track shall be
measured and re-certified in the event of any changes or
relocation of the hub rail or other fixed marker.
7.2.2.2 A record will be the fastest time made
by a horse in a heat or dash which it won, or in a
performance against time.
7.2.2.3 No time record shall be recognized as
a world record if obtained on a track without an inside rail or
other fixed marker.
7.2.2.4 In any case of alleged error in the
record, announcement or publication of the time made by a
horse, the time so questioned shall not be changed to favor
said horse or owner, except upon the sworn statement of the
judges and timers who officiated in the race.
7.2.2.5 If a horse takes a win-race record in a
qualifying race or schooling race, such record must be
prefaced with the letter "Q" wherever it appears, except in a
case where the horse was subjected to the collection of an
test sample. The Presiding Judge shall note on the judges'
official race reports each qualifying race from which test
samples were collected.
7.2.2.6 For horses bred in North America and
subsequently exported, foreign earnings shall be converted
to U.S. dollars and credited to the horse's official records. A
winning performance at a mile or greater distance, expressed
at a mile rate, shall receive recognition as the horse's record.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1020 PROPOSED REGULATIONS
7.2.2.7 Any person found guilty of fraudulent
misrepresentation of time or the alteration of the record
thereof, in any race, shall be fined, suspended, expelled or a
combination thereof and time declared not a record.
7.3 Postponement and Cancellation
7.3.1 In case of unfavorable weather or other
unavoidable cause, the association upon notifying the
Commission shall postpone or cancel races in accordance
with the following rules.
7.3.2 Added money events shall be postponed to
a definite hour on a scheduled race date when favorable
conditions prevail.
7.3.3 An early closing event or a late closing
event that cannot be raced during the scheduled meeting
shall be declared off and the total of nomination, sustaining
and starting payments divided equally among the owners of
eligibles in proportion to the number of horses declared to
start.
7.3.4 An early closing event or late closing
event that has been started, but remains unfinished on the
last day of the scheduled meeting shall be declared ended
and the full purse divided according to the summary.
7.3.5 Stakes and futurities should be raced
where advertised and the meeting may be extended to
accomplish this. Any stake or futurity that has been started,
but which remains unfinished on the last day of the
scheduled meeting shall be declared ended and the full purse
divided according to the summary, except where the
association elects to extend the meeting to complete the race.
Horses that are scratched after a heat and before the race is
declared finished shall not participate in purse distributions
for subsequent heats in the event the race is called off and
declared finished.
7.3.6 Unless otherwise provided in the
conditions, in order to transfer stakes and futurities to
another meeting, unanimous consent must be obtained from
the association and all those having eligibles in the event.
7.3.7 At extended meetings, overnight events
may be postponed and rescheduled within two days, or may
be canceled if circumstances or weather conditions warrant.
Postponed overnight events not raced within two days shall
then be canceled.
7.3.8 At non-extended meetings, overnight
events shall be canceled, unless the association is willing to
add the postponed races to the advertised program for
subsequent days of the meeting. At the option of the
association, any postponed races may be contested in single
one-mile dashes. Where races are postponed under this rule,
the association shall have the privilege of selecting the order
in which events will be raced in any combination program.
7.3.9 If the track conditions are questionable for
the warming up or racing of horses, the State Steward and
Presiding Judges shall convenecall a meeting consisting of a
committee including himself/herself, an Agent of the track
with the representative of the drivers and trainers and a
rRepresentative of the Horsemen management. The Agent of
the track will notify the Track Superintendent to attempt to
correct any problem with the racing surface as soon as
possible. Once the Track Superintendent has addressed the
problem, The Horsemen's Representative will physically
review the areas in question. If all are in agreement that the
problem has been corrected, racing will proceed. If the
Representative of the Horsemen is not satisfied, the Track
Superintendent will be given a final opportunity to rectify
the problem.
If after the second attempt to rectify the problem, the
Horsemen's Representative is still not satisfied, there will be
a vote of the Drivers and Trainers of horses participating in
that night's program to determine if racing will be
conducted. A secret vote will be taken of those participants
and will be conducted and monitored by the Judges. The
Judges will count the ballots and inform Track Management
of the outcome. If required by the State Stewards and judges
and the representative of the drivers and trainers shall
conduct a vote of the drivers and trainers of horses
participating in that program of racing to determine whether
racing should be conducted. If a tally the vote of the drivers
and trainers determines that more than 5025 percent or less
vote to race against racing, the card shall be canceled. If
more than 5025 percent and less than 75 percent vote to race,
trainers will be allowed to withdraw horses without penalty.
If more than 75 percent or more vote to race, the regular
rules of withdrawal and scratching of horses will apply. The
foregoing does not preclude prevent race track management
from canceling racingthe races due to track andor weather
conditions without consultation with the State Steward,
Presiding Judges and the Horsemen's Representative upon
notification of the Commission or its designee.
7.3.10 If qualifying races are postponed or
canceled, an announcement shall be made to the participants
as soon as the decision is made.
7.3.11 Where a race is postponed pursuant to any
of the foregoing provisions only those horses originally
declared in to the postponed event shall to be eligible to race.
Where a race is postponed and moved to another location,
horses previously declared may withdraw without penalty.
7.3.12 In the event the State Steward/Judges
declare a "No Contest", the designated purse for that contest
shall be divided equally among those horses that were
eligible to participate in that contest. The declaration date
for those horses credited with earnings in this manner shall
be the scheduled date of the "No Contest" race.
7.4 Horses Permitted to Race
7.4.1 A horse shall be eligible to be declared in
to race provided the following conditions have been met:
7.4.1.1 the eligibility fee, which shall become
due and payable when a horse makes its first start in any type
of race in a calendar year, has been paid to the United States
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1021
Trotting Association, or a current eligibility certificate has
been granted for the horse by the United States Trotting
Association or by the Canadian Trotting Association.
7.4.1.2 the horse has been registered in the
current ownership with the Canadian Standardbred Horse
Society or in the United States Trotting Association
Register;
7.4.1.3 if leased, a copy of the lease is on file
with, and is acceptable to the United States Trotting
Association or Canadian Trotting Association, as
appropriate. The horse must race in the name of the lessee;
7.4.1.4 for overnight races, the horse has
qualified at an extended meeting in accordance with the rules
prior to the time of closing of declarations in accordance
with the qualifying standards of the track presenting the race.
7.4.1.5 for added money events, the horse has
qualified at an extended meeting in accordance with the rules
prior to the time of closing of declarations.
7.4.1.6 not more than 30 days prior to the
time of closing of declarations, the horse was credited with a
satisfactory charted past performance line obtained in a
purse, qualifying or schooling race conducted at a charted
meeting; provided, however, that with the permission of the
Presiding Judge, a satisfactory charted past performance
within 60 days prior to the time of closing of declarations
may be used;
7.4.1.7 the horse is at least two years of age to
race at any meeting but not older than 14 years of age;
7.4.1.8 the horse has not been denerved by
any method above its pastern. The decision at any given time
whether the horse has been denerved shall be the State
veterinarian's.
7.4.1.9 if a mare has been spayed, the United
States Trotting Association or Canadian Trotting
Association, as appropriate, has been notified in writing by
the owner, trainer or veterinarian;
7.4.1.10 the horse does not have a trachea
tube or a hole in its throat for a trachea tube;
7.4.1.11 the horse has unimpaired vision
in at least one eye; and
7.4.1.12 the horse has been lip tattooed or
freeze-branded in accordance with the constitution and
by-laws and regulations of the United States Trotting
Association or Canadian Standardbred Horse Society.
7.4.2 Any participant who declares, or causes to
be declared, an ineligible horse to start shall be guilty of a
violation of the rules and subject to disciplinary action by the
judges. If after declarations close, and prior to the race, the
judges become aware that an ineligible horse has been
declared, they shall immediately scratch the horse and
starting fees, if applicable, shall be forfeited.
7.4.3 If the ownership of a horse changes, such
horse may start under the new ownership not more than one
time without reasonable evidence being given to the judges
that the registration certificate has been forwarded to the
United States Trotting Association.
7.4.4 Any participant skipping or omitting
transfers of ownership of any horse shall be guilty of a
violation.
7.4.5 For the purposes of these rules, the term
eligibility certificate shall refer to a printed document or its
electronically produced equivalent.
7.4.6 Horses not under lease must race in the
name of the bona fide owner.
7.5 Equipment
7.5.1 Any owner or trainer who wishes to
change any equipment or hopples on a horse from one race
to another shall apply to the judges for permission to do so,
and no change shall be made without such permission. The
judges shall assure themselves of the necessity for any
change of equipment or hopples before granting permission.
7.5.2 No horse will be permitted in a race to
wear any type of equipment that covers, protrudes, or
extends beyond its nose or that in any way could interfere
with the true placing of the horse.
7.5.3 It shall be the responsibility of the owner
and trainer to provide every sulky used in a race with
unicolored or colorless wheel discs on the inside and outside
of each wheel of a type approved by the Commission. In his
discretion, the Presiding Judge may order the use of mud
guards.
7.6 Racing Rules
7.6.1 Under Supervision of Starter
7.6.1.1 Horses shall be under supervision of
the starter from the time they arrive on the track until the
start of the race.
7.6.1.2 All horses shall parade from the
paddock to the starting post, and no driver shall dismount
without the permission of the starter. Attendants may not
care for the horses during the parade except by permission of
the starter.
7.6.1.3 After entering the track not more than
ten (10) minutes shall be consumed in the parade of the
horses to the post except in cases of unavoidable delay.
7.6.1.4Horses awaiting post time may not be
held on the backstretch in excess of five (5) minutes, except
when delayed by an emergency.
7.6.2 Pre-Race Accidents
When, before a race starts:
7.6.2.1 A horse is a runaway or is otherwise
involved in an accident, such horse shall be examined by the
racing veterinarian and if the horse is not ordered scratched
by the veterinarian, the judges may permit the horse to
compete and have this decision announced.
7.6.2.2 A driver is unseated and appears to
have been injured, the horse that was being driven by that
driver may compete with a substitute driver.
7.6.2.3 If a horse is scratched in error and
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1022 PROPOSED REGULATIONS
cannot be added back into the pari-mutuel system, the horse
may race for purse only. The judges shall ensure that the race
announcer informs the public that the horse will be racing
without pari-mutuel wagering.
7.6.3 Fair Start
The starter shall give such orders and take such
measures that do not conflict with the rules of racing, as are
necessary to secure a fair start.
7.6.4 Starter's Duties
7.6.4.1 The starter shall be in the starting gate
ten (10) minutes before the post time of the race.
7.6.4.2 The starter shall have control over the
horses and authority to assess fines and/or suspend drivers
for any violation of the rules from the formation of the
parade until the word "go" is given.
7.6.4.3The starter may assist in placing the
horses when requested by the judges to do so.
7.6.4.4 The starter shall notify the judges and
the drivers in writing of penalties imposed by him/her.
7.6.5 Starting
7.6.5.1 The starter shall have control of the
formation of the parade until giving the word "go".
7.6.5.2 After warming up scores, the starter
shall notify the drivers to come to the starting gate.
7.6.5.3 The horses shall be brought to the
starting gate as near one-quarter of a mile before the start as
the track will permit.
7.6.5.4 Allowing sufficient time so that the
speed of the gate can be increased gradually, the following
minimum speeds will be maintained:
7.6.5.4.1 For the first one-eighth of a
mile, not less than 11 miles per hour.
7.6.5.4.2 For the next one-sixteenth of
a mile, not less than 18 miles per hour.
7.6.5.4.3 From that point to the
starting point, the speed will be gradually increased to
maximum speed.
7.6.5.4.4 On mile tracks horses will be
brought to the starting gate at the head of the stretch and the
relative speeds mentioned in a), b) and c) above will be
maintained.
7.6.5.5 The starting point will be a point
marked at a designated spot not less than 200 feet from the
first turn. The starter shall give the word "go" at the starting
point.
7.6.5.6 When a speed has been reached
in the course of a start there shall be no decrease except in
the case of a recall.
7.6.6 Recall Rules
7.6.6.1 In case of a recall, a light plainly
visible to the drivers shall be flashed and a recall sounded,
but the starting gate shall proceed out of the path of the
horses. In the case of a recall, whenever possible, the starter
shall leave the wings of the gate extended and gradually slow
the speed of the gate to assist in stopping the field of horses.
In an emergency, however, the starter shall use his/her
discretion to close the wings of the gate.
7.6.6.2 There shall be no recall after the word
"go" has been give unless there is a mechanical failure of the
starting gate.
7.6.6.3 The starter shall attempt to dispatch
all horses away in position and on gait but there shall be no
recall for a breaking horse after the recall point is passed.
7.6.6.4 In the event a horse causes two
recalls, it may be an automatic ruling of the judges that the
offending horse be scratched.
7.6.6.5 The starter may sound a recall for the
following reasons:
7.6.6.5.1A horse scores ahead of the gate;
7.6.6.5.2There is interference;
7.6.6.6.3A horse has broken equipment;
7.6.6.6.4A horse falls before the word
"go" is given; or
7.6.6.6.5A mechanical failure of the
starting gate.
7.6.6.7 A fine and/or suspension may be
applied to any driver for:
7.6.6.7.1 Delaying the start;
7.6.6.7.2 Failure to obey the starter's
instructions;
7.6.6.7.3 Rushing ahead of the inside
or outside wing of the gate;
7.6.6.7.4 Coming to the starting gate
out of position;
7.6.6.7.5 Crossing over before
reaching the starting point;
7.6.6.7.6 Interference with another
driver during the start; or
7.6.6.7.7 Failure to come up into
position.
7.6.7 Starting Gate
7.6.7.1 No persons shall be allowed to ride in
the starting gate except the starter and the driver or operator
and a patrol judge, unless permission has been granted by the
State Steward.
7.6.7.2 Use of the mechanical loudspeaker for
any purpose other than to give instructions to the drivers is
prohibited. The volume shall be no higher than necessary to
carry the voice of the starter to the drivers.
7.6.7.3 The arms of all starting gates shall be
provided with a screen or shield in front of the position for
each horse, and such arms shall be perpendicular to the rail.
7.6.7.4 The official starter must ensure that
the starting gate is in good working order prior to the
beginning of each race program.
7.6.7.5 The official starter and starting gate
driver shall operate the starting gate in a manner consistent
with the safe conduct of the race, the safety of the race
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1023
participants and the safety of the patrons.
7.6.8 Two-Tiered Races
7.6.8.1 In the event there are two tiers of
horses, the withdrawing of a horse that has drawn or earned a
position in the front tier shall not affect the positions of
horses that have drawn or entered positions in the second
tier.
7.6.8.2 Whenever a horse is drawn from any
tier, horses on the outside move in to fill the vacancy. Where
a horse has drawn a post position in the second tier, the
driver of such horse may elect to score out behind any horse
in the front tier so long as it does not interfere with another
trailing horse or deprive another trailing horse of a drawn
position.
7.6.8.3 When there is only one trailer, it may
start from any position in the second tier. When there is more
than one trailer, they must start from inside any horse with a
higher post position.
7.6.9 Starting Without a Gate
7.6.9.1 When horses are started without a
gate the starter shall have control of the horses from the
formation of the parade until giving the word "go". The
starter shall be located at the wire or other point of start of
the race at which point as nearly as possible the word "go"
shall be given. No driver shall cause unnecessary delay after
the horses are called. After two preliminary warming-up
scores, the starter shall notify the drivers to form in parade.
7.6.9.2 The driver of any horse refusing or
failing to follow the instructions of the starter as to the
parade or scoring ahead of the pole horse may be set down
for the heat in which the offense occurs, or for such other
period as the starter shall determine, and may be fined.
Whenever a driver is taken down, the substitute shall be
permitted to score the horse once. A horse delaying the race
may be started regardless of its position or gait and there
shall not be a recall because of a bad acting horse. If the
word "go" is not given, all the horses in the race shall
immediately turn on signal, and jog back to their parade
positions for a fresh start. There shall be no recall after the
starting word is given.
7.6.10 Horse Deemed a Starter
Horses shall be deemed to have started when
the word "go" is given by the starter and all horses must go
the course except in the case of an accident in which it is the
opinion of the judges that it is impossible to go the course.
7.6.11 Unmanageable/Bad Acting Horses
7.6.11.1 If, in the opinion(s) of the judges and/
or the starter, a horse is unmanageable or liable to cause
accidents or injury to any other horse or to any driver, it may
be sent to the barn. When this action is taken, the starter will
notify the judges who will in turn notify the public and order
any refunds as may be required in Rule 10 of these rules.
7.6.11.2 The starter may place a bad acting
horse on the outside at his/her discretion. Such action may
be taken only where there is time for the starter to notify the
judges who will in turn notify the public prior to any
pari-mutuel wagering on the race. If pari-mutuel wagering
has already begun on the race, the horse must be scratched as
stipulated in subdivision 1 above.
7.6.12 Post Positions, Heat Racing
7.6.12.1 The horse winning a heat shall take
the inside position in the succeeding heat, unless otherwise
specified in the published conditions of the race, and all
others shall take their positions in the order they were placed
in the prior heat.
7.6.12.2 When two or more horses dead
heat, their positions shall be determined by lot.
7.6.13 Conduct of the Race
7.6.13.1 A driver shall not commit any of the
following acts which are considered violations of driving
rules:
7.6.13.1.1 Change course or position, or
swerve in or out, or bear in or out during any part of the race
in such a manner as to compel a horse to shorten its stride or
cause another driver to change course, take his or her horse
back, or pull his/her horse out of its stride.
7.6.13.1.2 Impede the progress of
another horse or cause it to break from its gait.
7.6.13.1.3 Cross over too sharply in
front of another horse or in front of the field.
7.6.13.1.4 Crowd another horse by
'putting a wheel under it.'
7.6.13.1.5 Allow another horse to pass
needlessly on the inside, or commit any other act that helps
another horse to improve its position.
7.6.13.1.6 Carry another horse out.
7.6.13.1.7 Take up or slow up in front
of other horses so as to cause confusion or interference
among the trailing horses.
7.6.13.1.8 Maintain an outside position
without making the necessary effort to improve his/her
overall position.
7.6.13.1.9 Strike or hook wheels with
another sulky.
7.6.13.1.10 Lay off a normal pace and
leave a hole when it is well within the horse's capacity to
keep the hole closed.
7.6.13.1.11 Drive in a careless or
reckless manner.
7.6.13.1.12 Fail to set, maintain or
properly contest a pace comparable to the class in which he/
she is racing considering the horse's ability, track conditions,
weather and circumstances confronted in the race.
7.6.13.1.13 Riding 'half-in' or 'half-out'.
7.6.13.1.14 Kicking a horse.
7.6.13.2 A complaint by a driver of any foul,
violation of the rules or other misconduct during a race shall
be made immediately after the race to which it relates, unless
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1024 PROPOSED REGULATIONS
the driver is prevented from doing so by an accident or injury
or other reasonable excuse. A driver desiring to enter a
claim of foul, or other complaint of violation of the rules,
shall make this known to the starter before dismounting and
shall proceed immediately to the paddock telephone to
communicate immediately with the judges. Any driver who
is involved in an objection or inquiry shall proceed
immediately to the paddock telephone to communicate with
the judges. The judges shall not cause the official sign to be
posted until the matter has been dealt with.
7.6.13.3 If a violation is committed by a person
driving a horse coupled as an entry the judges may set both
horses back if, in their opinion, the violation may have
affected the finish of the race, otherwise penalties may be
applied individually.
7.6.13.4 In the case of interference, collision,
or violation of any rules, the offending horse may be placed
back one or more positions in that heat or dash, and in the
event of such collisions, interference or violation preventing
any horse from finishing the heat or dash, the offending
horse may be disqualified from receiving any winnings and
the driver may be fined or suspended. If a horse is set back, it
must be placed behind the horse with which it interfered. If
an offending horse has interfered with a horse involved in a
dead heat and the offending horse is set back, it must be
placed behind the horses in the dead heat.
7.6.13.5 If the judges believe that a horse is, or
has been driven with design to prevent it winning a race or
races, they shall consider it a violation by the driver.
7.6.13.6 If the judges believe that a horse has
been driven in an inconsistent manner, they shall consider it
a violation.
7.6.13.7 If the judges believe that a horse has
been driven in an unsatisfactory manner due to lack of effort
or a horse has been driven in an unsatisfactory manner for
any reason, they shall consider it a violation punishable by a
fine and/or suspension.
7.6.13.8 If a horse is suspected to have choked
or bled during a race, the driver and/or trainer of that horse is
required to report this to the judges immediately after the
race.
7.6.13.9 If, in the opinion of the judges, a
driver is for any reason unfit or incompetent to drive, or is
reckless in his/her conduct and endangers the safety of
horses or other drivers in a race, he/she shall be removed and
another driver substituted at any time and the offending
driver may be fined, suspended or expelled.
7.6.13.10 If for any cause other than being
interfered with, or broken equipment, a horse fails to finish
after starting a race, that horse shall be ruled out of any
subsequent heat of the same event. If it is alleged that a
horse failed to finish a race because of broken equipment,
this fact must be reported to the paddock judge who shall
make an examination to verify the allegation and report the
findings to the judges.
7.6.13.11 A driver must be mounted in the
sulky at all times during the race or the horse shall be placed
as a non-finisher.
7.6.13.12 Shouting or other improper
conduct in a race is forbidden.
7.6.13.13 Drivers shall keep both feet in the
stirrups during the post parade and from the time the horses
are brought to the starting gate until the race has been
completed. Drivers shall be permitted to remove a foot from
the stirrups during the course of the race solely for the
purpose of pulling ear plugs and once same have been pulled
the foot must be placed back into the stirrup. Drivers who
violate this rule may be subject to a fine and/or suspension.
7.6.13.14 Drivers will be allowed to use
whips not to exceed three feet, nine inches in length plus a
snapper not to exceed six inches in length. Drivers shall
keep a line in each hand from the start of the race until the
quarter pole. From the quarter pole to the 7/8th pole, a driver
may only use the whip once for a maximum of three strokes.
Once the lead horse is at the 7/8th pole, these restrictions do
not apply.
7.6.13.15 The use of any goading device, or
chain, or spur, or mechanical or electrical device other than a
whip as allowed in the rules, upon any horse, shall constitute
a violation.
7.6.13.16 The possession of any
mechanical or electrical goading device on the grounds of an
association shall constitute a violation.
7.6.13.17 The judges shall have the
authority to disallow the use of any equipment or harness
that they feel is unsafe or not in the best interests of racing.
7.6.13.18 Brutal or excessive or
indiscriminate use of a whip, or striking a horse with the butt
end of a whip, or striking a wheel disc of a sulky with a
whip, shall be a violation. At extended pari-mutuel meetings,
under the supervision of the judges, there may be a
mandatory visual inspection of each horse following each
race for evidence of excessive or brutal use of the whip. At
all other meetings, the judges shall have the authority to
order and/or conduct such visual inspections at their
discretion.
7.6.13.19 Whipping a horse by using the
whip below the level of the shafts or the seat of the sulky or
between the legs of the horse shall be a violation.
7.6.13.20 When a horse breaks from its
gait, it shall be considered a violation on the part of the
driver for:
7.6.13.20.1 Failure to take the horse to
the outside of other horses where clearance exists.
7.6.13.20.2 Failure to properly attempt to
pull the horse to its gait.
7.6.13.20.3 Failure to lose ground while
on a break.
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PROPOSED REGULATIONS 1025
7.6.13.20.4 If no violation has been
committed, the horse shall not be set back unless a
contending horse on his/her gait is lapped on the hind quarter
of the breaking horse at the finish. The judges may set any
horse back one or more places if in their judgment, any of
the above violations have been committed, and the driver
may be penalized.
7.6.13.20.5 Any horse making a break
which causes interference to other horses may be placed
behind all offended horses. If there has been no failure on
the part of the driver of the breaking horse in complying with
Rule 7.6.13.20, no fine or suspension shall be imposed on
the driver as a consequence.
7.6.13.21 If, in the opinion of the judges, a
driver allows a horse to break for the purpose of losing a
race, he or she shall be in violation of the rules.
7.6.13.22 It shall be the duty of one of the
judges to call out every break made and have them duly
recorded in judges official race reports.
7.6.13.23The horse whose nose reaches the
wire first is the winner. If there is a dead heat for first, both
horses shall be considered winners. In races having more
than one heat or dash, where two horses are tied in the
summary, the winner of the longer dash or heat shall be
entitled to the trophy. Where the dashes or heats are of the
same distance and the horses are tied in the summary, the
winner of the faster dash or heat shall be entitled to the
trophy. Where the dashes or heats are of the same time, both
horses shall be considered winners and the entitlement of the
trophy will be decided by lot.
7.6.13.24 The wire or finish line is a real
line established with the aid of a surveyor's transit, or an
imaginary line running from the center of the judges' stand to
a point immediately across and at right angles to the track.
7.6.13.25 If, during the preliminary scores
or during a race a driver is unseated in such a manner that he
or she falls to the ground, the State Steward or judges may
direct the driver to report to the infirmary or to the
emergency department of the nearest hospital for
examination and receive clearance to continue with driving
assignments on that day of racing.
7.6.13.26 If a horse is to warm up it must
go its last warm-up on the same racing strip as it will
compete on unless excused by the judges.
7.6.14 Harness Race Track Without a Hubrail
7.6.14.1 If at a racetrack which does not have a
continuous solid inside hub rail, a horse or part of the horse's
sulky leaves the course by running over or going inside the
pylons or other demarcation which constitutes the inside
limits of the course, the offending horse may be placed one
or more positions where, in the opinion of the judges, the
action gave the horse an unfair advantage over other horses
in the race, or the action helped the horse improve its
position in the race. Drivers may be fined or suspended for
permitting a horse's sulky to run over or go inside the pylons
or other demarcation which constitutes the inside limits of
the course. In addition, when an act of interference causes a
horse or part of the horse's sulky to cross the inside limits of
the course, and the horse is placed by the judges, the
offending horse shall be placed behind the horse with which
it interfered.
7.6.14.2 In the event a horse or part of a
horse's sulky leaves the course for any reason, it shall be the
driver's responsibility to take all reasonable steps to safely
reenter the race course as soon as possible.
7.6.15 Extended Homestretch
7.6.15.1 With approval of the Commission, a
track may extend the width of its homestretch up to 10 feet
inward in relation to the width of the rest of the racetrack.
7.6.15.2 In the event the home stretch is
expanded pursuant to 7.6.15.1 above, the following shall
apply:
7.6.15.2.1 When entering or while
going through the homestretch for the first time in a race, no
horse shall use the expanded inside lane in an attempt to pass
other horses or improve its position. Any horse, which does
so shall be disqualified and placed last in the order of finish.
7.6.15.2.2 the lead horse in the
homestretch shall maintain as straight a course as possible
while allowing trailing horses full access to the extended
inside lane. If, in the opinion of the judges, the lead horse
changes course in the homestretch in an attempt to prevent a
trailing horse from passing, said horse shall be placed
accordingly.
7.6.15.2.3 Horses using the expanded
inside lane during the homestretch drive for the finish of the
race, must first have complete clearance of the pylons
marking the inside boundary of the racecourse. Any horse or
sulky running over one or more of the pylons or going inside
the pylons while attempting to use the expanded inside lane,
may be disqualified or placed back one or more positions.
7.6.15.2.4 A horse may only be driven
into the expanded homestretch lane for the purpose of
passing another horse and may not be driven into the
expanded homestretch lane for the purpose of blocking a
trailing horse. If, in the opinion of the judges, a horse is
driven into the expanded homestretch lane for the purpose of
blocking a trailing horse, the driver of the blocking horse
may be fined and/or suspended and the horse may be placed
accordingly.
See 1 DE Reg. 923 (1/1/98)
See 2 DE Reg. 684 (10/01/98)
See 2 DE Reg. 1764 (4/1/99)
See 3 DE Reg. 432 (9/1/99)
See 3 DE Reg 1520 (5/1/00)
See 4 DE Reg 336 (8/1/00)
See 5 DE Reg. 832 (10/1/01)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1026 PROPOSED REGULATIONS
DEPARTMENT OF AGRICULTURE
Statutory Authority: 29 Delaware Code,
Sections 4815(b)(3)b.2.D. 29 & 8103 (8)
(29 Del.C. §§ 4815(b)(3)b.2.D.29, 8103 (8))
Standardbred Breeder's Fund Regulations
The Department proposes these amendments to the
Standardbred Breeder's Fund Regulations pursuant to 29
Del. C. § 4815 (b) (3) b.2.D and 29 Del. C. § 8103 (8). Its
purpose in proposing these amendments is to comply with
Delaware Harness Racing Commission Rules, to make the
program language more specific under certain racing
conditions, to promote fairness, and to allow the races to be
contested within the normal racing card at Harrington
Raceway and Dover Downs.
These proposed amendments to the regulations will be
considered at a public hearing scheduled for Friday, March
7, 2003 at 1:00 P.M. at the Delaware Department of
Agriculture Building in Conference Room 1. Copies of the
proposed amendments may be obtained from Ms. Judy
Davis-Wilson, Director, Delaware Standardbred Breeder's
Fund by calling (302) 698-4610. Public comments may be
submitted in writing to Ms. Davis-Wilson on or before
March 7, 2003. Also, written submissions and/or oral
comments are welcomed at the public hearing. The
Delaware Department of Agriculture is located at 2320
South DuPont Highway, Dover, Delaware.
Delaware Standardbred Breeders' Fund Program
1.0 Introduction
1.1 These regulations are authorized pursuant to
§4815(b)(3)b.2.D. of Title 29 of the Delaware Code, which
established in the State of Delaware a Delaware
Standardbred Breeder's Program (herein "the Program") for:
(1) Standardbred horses;
(2) bred in a manner prescribed in Section 2.0
herein;
(3) the product of a registered Delaware stallion;
(4) who are registered and whose sire and mare are
registered with the Delaware Harness Racing Commission
(herein "the Commission") and the Administrator of the
Breeder's Program (herein "the Administrator") as such; and,
(5) listed in their registry books.
Those horses eligible to race under said
Delaware Standardbred Breeder's Program shall be any foal
of any registered Delaware stallion standing at a Delaware
breeding farm and either owned by a resident of the State of
Delaware or owned by a non-resident who holds a lease for a
period of the breeding season and will stand the stallion for
that full season on a Delaware breeding farm. A copy of any
such lease shall be filed with the United States Trotting
Association, the Administrator of the Breeder's Program, and
the Delaware Harness Racing Commission.
1.2 The Board of the Delaware Standardbred Breeder's
Program (herein "the Board") is authorized to do all that is
reasonable and necessary for the proper administration of the
Program and shall prepare, issue and promulgate rules and
regulations providing for:
(1) Classes and divisions of races, eligibility of
horses and owners therefor and purses and bonuses to be
awarded;
(2) Nominating, sustaining and entry fees on
horses and races;
(3) Such temporary programs including eligibility
of horses, breeding, and other matters as may be necessary to
make the Program operable as soon as possible;
(4) Registration and certification of Delaware
stallions, mares bred to such stallions and foals produced
thereby; and,
(5) Such other matters as the board determines to
be necessary and appropriate for the proper administration
and implementation of the Program.
1.3 The funds for the Delaware Standardbred Breeder's
Program pursuant to §4815(b)(3) of Title 29 of the Delaware
Code and any nominating, sustaining and entry fees
provided for herein shall be administered by the Delaware
Department of Agriculture by deposit in a trust account
entitled Delaware Standardbred Breeders' Fund. The Board
of the Delaware Standardbred Breeder's Program shall
approve an annual budget including the payment of purses
and awards, cost of administration, reimbursement of
expenses of members of the Board, promotional expenses,
and any other appropriate expenses. The budget shall be
administered by the Secretary of Agriculture or his designee
in consultation with the Board and in a manner consistent
with the state laws and procedures. A report shall be
prepared and filed annually by the secretary with the
Delaware Harness Racing Commission and the Board of the
Breeder's Program Fund setting forth an itemization of all
deposits to and expenditures from said fund.
1.4 Races for the Program shall be run at each licensed
harness track in the State of Delaware. Said races and purses
and awards awarded therefore shall be pursuant to the rules
and regulations of the Board of the Delaware Standardbred
Breeder's Program hereunder, and the Delaware Harness
Racing Commission.
1.5 The Board of the Delaware Standardbred Breeder's
Program can amend these regulations through a vote of 2/3
majority of the entire board. Changes to the rules of
eligibility for the Delaware Standardbred Breeder's Program
will be effective at the beginning of the next breeding season
and the corresponding racing season.
2.0 Definitions.
The following words and terms, when used in this part
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1027
for the purposes of the Delaware Standardbred Breeder's
Fund Program, have the following meanings, unless the
context clearly indicates otherwise:
"Bred" Bred shall refer to any form of
insemination inside the State of Delaware by a Delaware
sire, including insemination using semen transported within
the State of Delaware, provided that such semen is not
frozen or desiccated in any way or at any time. Bred shall
also refer to foals of mares bred outside the State of
Delaware by a Delaware sire through interstate semen
transportation when such semen is not frozen or desiccated
in any way or at any time, provided that owners of mares that
produce foals from Delaware sires eligible for this program
that are bred through interstate semen transportation shall
not be eligible for bonuses paid to owners of mares under the
Delaware Standardbred Breeder's Program set forth in
Section 4 herein. A foal conceived through embryo
transplantation is not eligible for nomination to the Delaware
Standardbred Breeder's Program under any circumstances.
"Breeder" A breeder is the owner of the dam at
the time of breeding through foaling.
"Breeding Season" A breeding season runs from
February 15th to December 31st August 1st of the calendar
year.
"Delaware-bred horse" A Delaware-bred horse is
a standardbred by a Delaware sire and registered with the
Harness Racing Commission and Administrator of the
Breeder's Program, provided that for the purposes of
determining eligibility for race years 2002 and 2003
Delaware-bred horses shall also include any foal of a 100%
wholly owned mare at the time of breeding through foaling
by a Delaware resident registered with the Harness Racing
Commission and Administrator of the Breeder's Program by
August 15th of the yearling year.
"Delaware resident" A Delaware resident is as
defined in §10032 of Title 3 of the Delaware Code.
"Delaware sire" A Delaware sire is a
standardbred stallion that regularly stands for a breeding
season in Delaware, does not compete for purses, and is
registered with the Harness Racing Commission and
Administrator of the Breeder's Program. A Delaware sire
may be: a) owned by a resident of the State of Delaware and
standing the entire breeding season in the State of Delaware;
or b) owned by a resident of a state other than Delaware, but
standing the entire breeding season in Delaware, verified by
a copy of a the lease filed with the Administrator of the
Program and the Harness Racing Commission at the time of
registration for the Program, as provided in section 1.1
above; or c) owned jointly by a resident (or residents) and
non-resident (or non-residents) of Delaware and standing the
entire breeding season in Delaware with the same lease
requirements as in b) above.
"Private Treaty" No stallion participating in the
Delaware Standardbred Breeder's Program may be offered
under private treaty. Each stallion registered in the
Delaware Standardbred Breeder's Program must make public
the maximum possible breeding fee."
Such definitions shall not affect the use of that term by
the Delaware Harness Racing Commission for purposes
other than for the Breeder's Fund Program.
3.0 Eligibility for Delaware-bred races.
To be eligible for races under the Program for race years
2002 and 2003, a horse, which shall be registered with the
Administrator and Commission by August 15th of its
yearling year, shall be: 1) the product of a 100% wholly
owned mare at the time of breeding through foaling by a
Delaware resident, which mare shall be registered with the
Administrator and Commission by August 15, 2000 for the
breeding seasons of 1999 and 2000 and by August 15, 2001
for the breeding season of 2001; and/or, 2) the product of a
Delaware-sire, which sire shall be registered with the
Administrator and Commission by March 1, 2000 for the
breeding seasons of 1999 and 2000 and by August 15, 2001
for the breeding season of 2001.
To be eligible for races under the Program for race year
2004, the horse shall be a Delaware sired 2 year old
registered with the Administrator and Commission by
August 15th of its yearling year or a 3 year old product of a
100% wholly owned mare at the time of breeding through
foaling by a Delaware resident, which mare shall have been
registered with the Administrator and Commission by
August 15, 2000 for the breeding seasons of 1999 and 2000
and by August 15, 2001 for the breeding season of 2001 or a
3 year old product of a Delaware-sire, which sire shall have
been registered with the Administrator and Commission by
March 1, 2000 for the breeding seasons of 1999 and 2000
and by August 15, 2001 for the breeding season of 2001.
To be eligible for races under the Program for race year
2005 and thereafter, the horse shall be a Delaware sired 2 or
3year old registered with the Administrator and Commission
by August 15th of its yearling year.
4.0 Eligibility of breeders for bonus payments.
Bonus payments of eight percent (8%) of money earned
in the Program by the foals shall be paid to the owner of the
mare at the time of breeding that is bred to Delaware sires to
produce that foal. Bonus payments of two percent (2%) of
money earned in the Program by the foals shall be paid to
owners of stallions standing in Delaware. In order for a
Delaware-bred horse to be eligible to earn an award for its
breeder, in a race conducted by a licensed harness race track
in Delaware, the foals, mares, and stallions shall be
registered in accordance with these regulations with the
Harness Racing Commission and Administrator of the
Breeder's Program prior to entry for the race. In race year
2002, bonus payments shall be restricted to 2 year olds. For
race years 2003 and thereafter, bonus payments shall not
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1028 PROPOSED REGULATIONS
exceed $70,000. In the event such payments would exceed
these limits, owners eligible for bonus payments shall
receive a prorated share of those monies allocated toward the
payment of bonus payments.
5.0 Eligibility of owners of Delaware sires for awards.
In order for a Delaware sire to be eligible to earn an
award for its owner, the sire shall have been registered as a
sire of Delaware with the Harness Racing Commission and
Administrator of the Breeder's Program during each
breeding season when the sire inseminated the dams that, as
a result of that insemination, produced Delaware-breds. To
be eligible for a sire award, it is necessary that the foal
entitling the sire owner to the award be itself registered in
accordance with these regulations.
6.0 Records of registration.
Foals and sires eligible for registration shall be
registered on official registration forms approved by the
Harness Racing Commission and maintained by the
Administrator of the Breeder's Program. The registrar shall
certify thereon the name and address of the owner, breeder,
farm where mare was inseminated, farm on which this horse
was foaled, owner of stallion at time the mare was
inseminated, owner of the mare at the time of breeding,
notice of semen transfer, stallion by which the mare was
inseminated following the birth of the standardbred to be
registered, breeder social security or tax identification
number, United States Trotting Association registration
number, name of foal, color and sex of foal, date of foaling,
sire, dam, sire of the dam, signature of the owner, or breeder
or authorized representative and the date of application. The
registration record shall be maintained at the Administrator
of the Breeder's Program and be open to public inspection
during normal business days and hours at the State
Department of Agriculture. Immediately upon completion
and filing of the form, the Administrator of the Breeder's
Program shall cause a correct copy of it to be filed with the
offices of the State Department of Agriculture.
7.0 Appeals.
A person having an interest in a matter concerning the
registration of a horse in the Breeder's Program shall have
the right to file objections or exceptions to a registration and
to the facts set forth therein within 30 days of the filing of the
copy of the registration with the Administrator and the
Delaware Harness Racing Commission. The objections or
exceptions shall be filed in writing with the Administrator of
the Breeder's Program and a duplicate delivered to the
Harness Racing Commission within the 30-day time period.
An interested party aggrieved of an action taken by the
Administrator may appeal to the Commission in the manner
prescribed for appeals. The Commission shall hear and
determine an appeal de novo. In the absence of objections or
exceptions timely made, a registration shall be deemed final
and binding and an official record of the Commission at the
expiration of the 30th day of the delivery to the Commission.
The Commission shall thereafter have the right on its own
motion to correct an error or inaccuracy that it may find
within the records.
8.0 Records of expenses.
The Administrator of the Breeder's Program shall
maintain a complete record of reasonable and necessary
expenses and will submit quarterly estimates to the Board
and the Secretary of Agriculture, on the basis of which the
Secretary may disburse advances. The quarterly estimated
statements of expenses and advances shall be reconciled
annually with a certified statement of expenses to be
prepared by an auditor approved in advance by the Board.
The Board may thereafter review them and after approval of
allowable items shall then reimburse the Administrator of
the Breeder's Program for expenses the Board finds
reasonable and appropriate to this program. If advances on
account of expenses exceed actual expenses as approved at
the end of a given year, the excess shall be deemed disbursed
on account of the ensuing year's expenses.
9.0 Purses and Bonus Awards
9. A purse or bonus awarded under this section shall
be in accordance with the standards for purses at each racing
meet as approved by order of the Commission. The racing
association shall maintain a separate ledger of such purses
and bonuses and shall transmit a certified copy of
allowances, bonus payments, and purses made no later than
the 10th day of each month of the meet to the Commission.
After the Commission has reviewed and approved them, it
shall reimburse the racing association for the advances made
which the Commission finds proper.
9.2 Administrator of the Breeder's Program shall
compile awards earned by breeders and owners of Delaware
sires and maintain a separate ledger of them. A certified
report of awards earned shall be forwarded to the
Commission on a monthly basis during the racing season.
The list of awards will be forwarded to Administrator of the
Breeder's Program who shall ensure payment to the
awardees, subject to approval by the Commission.
9.3 A person interested in the awards, allowances,
prizes and purses and objecting to calculations or
determinations thereof as shown on the records of the
Administrator of the Breeder's Program and the Harness
Racing Commission shall be responsible for taking written
appeals to the Commission in the manner provided for
appeals from decisions of the Administrator pertaining to
registrations.
9.4 The Board will have the right to review and
approve fees and charges imposed by the Administrator of
the Breeder's Program. The charge or fee may not be
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1029
imposed without prior approval by the Board.
9.5 Records, funds and accounts of funds, prizes,
purses, allowances and awards under this program shall be
maintained separate from other records, funds and accounts
and may not become co-mingled with other matters. The
records, funds and accounts shall be kept continuously open
for inspection by the Administrator of the Breeder's
Program.
10.0 Responsibilities-Owners or lessees of
standardbred stallions and mares
10.1 An owner or lessee of a standardbred stallion
who desires to use him for breeding purposes and to have
him qualify for the Delaware Standardbred Breeders' Fund
Program, shall register the stallion by December 1st of the
approaching breeding season with the Delaware Harness
Racing Commission and the Administrator of the Breeder's
Program or by January 1st of the approaching breeding
season with an additional supplemental fee equal to the
standard registration fee. For breeding season 1999 and
2000, an owner or lessee of a standardbred stallion who
desires to use him for breeding purposes and to have him
qualify for the Delaware Standardbred Breeders' Fund
Program, shall register the stallion by March 1, 2000. Unless
the stallion is contracted to stand at stud in the southern
hemisphere, the stallion shall stand in the State of Delaware
for the remainder of the breeding season. If a stallion is
contracted to stand at stud in the southern hemisphere, a
copy of said contract must be provided to the Administrator
of the Program and the Harness Racing Commission at the
time of application for eligibility in the Program or, in the
event the contract is entered into at a subsequent date, within
ten days of entering into the contract. A virgin standardbred
stallion entering stud for the first time shall be registered
prior to his first breeding and shall stand in the State of
Delaware the remainder of the breeding season, unless he is
contracted to stand at stud in the southern hemisphere. A
stallion shall be registered on an application for standardbred
stallion certificate for eligibility established by the
Administrator of the Breeder's Program in consultation with
the Harness Racing Commission.
10.2 An owner or lessee of a stallion eligible for the
Delaware Standardbred Breeders' Fund Program shall
designate a resident of Delaware as the authorized agent who
shall be responsible for the registrations and records of the
farm; and complying with the requirements of the Delaware
Standardbred Breeders' Fund Program. The "Authorized
Agent" form shall be filed with the stallion registration.
10.3 In order for foals of 100% wholly owned mares
at the time of breeding through
foaling by a Delaware resident to be eligible for races under
the Program for race years 2002 and 2003, said mares shall
be registered with the Administrator and Commission by
August 15, 2000 for the breeding seasons of 1999 and 2000.
No fee shall be charged for registering said mare.
11.0 Sire Registration Fees
11.1 Sires shall initially register for the Delaware
Standardbred Breeder's Program no later than December 1st
of the approaching breeding season, or no later than January
1st with an additional supplemental registration fee equal to
the regular registration fee. For sires registering in breeding
season 2000, sires shall initially register for the Delaware
Standardbred Breeder's Program no later than March 1,
2000.
11.2 All fees must accompany this registration and
must be submitted by registered or certified mail.
11.3 Registration fees for the Delaware
Standardbred Breeder's Program are non-refundable.
11.4 Sire registration fee for a stallion shall be
$500.00. Sire registration for those sires standing in the State
of Delaware and registering for breeding seasons prior to
2001 in accordance with these regulations shall be charged a
single fee of $250.00.
11.5 The annual stallion registration fee may be
used to offset reasonable expenses related to administering
and promoting the Delaware Standardbred Breeder's
Program. Any fees beyond reasonable expenses shall be
invested in the endowment account of the Delaware
Standardbred Breeder's Program.
11.6 The annual stallion registration fee may be
used to offset reasonable expenses related to administering
and promoting the Delaware Standardbred Breeder's
Program. Any fees beyond reasonable expenses shall be
invested in the endowment account of the Delaware
Standardbred Breeder's Program. An owner of a
standardbred stallion registered with the Administrator and
Commission shall submit by December 1st of each year the
stallion registration fee, or January 1st with the supplemental
fee provided in section 10 above and a report for each
stallion that states each mare bred by said stallion during the
preceding twelve (12) months. For breeding seasons prior to
breeding season 2001, an owner of a standardbred stallion
registered with the Administrator and Commission shall
submit by March 1, 2000 the stallion registration fee of $250
and any other documentation required by the Administrator
and Commission to verify where the stallion stood during the
period for which the stallion or its progeny seek to register.
12.0 Sire Renewal Fees
12.1 The registration of a stallion that remains in the
state for more than one (1) breeding season shall be renewed
annually.
12.2The annual renewal fee for registration of stallions
to the Delaware Standardbred Breeders' Fund Program shall
be $500.
12.3 The annual stallion registration fee may be
used to offset reasonable expenses related to administering
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1030 PROPOSED REGULATIONS
and promoting the Delaware Standardbred Breeder's
Program. Any fees beyond reasonable expenses shall be
invested in the endowment account of the Delaware
Standardbred Breeder's Program. An owner of a
standardbred stallion registered with the Administrator and
Commission shall submit by December 1st of each year the
stallion registration fee and a report for each stallion that
states each mare bred by said stallion during the preceding
twelve (12) months.
13.0 Penalties and Suspension from the Program
13.1 If an owner or a lessee of a registered stallion
fails to furnish information the Administrator of the
Breeder's Program has requested relating to the registration
or renewal of registration of a horse, the Administrator of the
Breeder's Program shall:
(a) Suspend or deny the registration of the stallion;
and
(b) Schedule a hearing within thirty days of the
denial or suspension.
After the hearing, the Administrator of the
Breeder's Program shall determine within ten working days
whether the failure to furnish information was willful; and:
(a) Suspend the registration; or
(b) Rescind its suspension of the registration; or
(c) Deny or revoke the registration; or
(d) 1. Deny or revoke the registration; and
2. Bar from further registration, horses owned
by the person who executed the application containing false
or misleading information.
If the Administrator of the Breeder's
Program determines that a registration is incorrect, or an
application for registration, renewal of registration, or
transfer of a registered stallion contains false or misleading
information, the Administrator shall:
(a) Suspend or deny the registration of the stallion;
and
(b) Summon the person who executed the
application, and any person who has knowledge relating to
the application, to appear before the Administrator at a
hearing;
After the hearing, the Administrator of the
Breeder's Program shall determine within ten working days
whether the person knew or had reason to know that the
information was false or misleading, and:
(a) Rescind its suspension or denial of the
registration; or
(b) Suspend, deny, or revoke the registration; or
(c) 1. Deny or revoke the registration; and
2. Bar from further registration, horses owned
by the person who executed the application containing false
or misleading information.
If a person summoned by the Administrator of
the Breeder's Program fails to respond to the summons
within ten working days, the Administrator of the Breeder's
Program:
(a) Shall suspend or deny the registration of the
stallion;
(b) Notify the person in writing of the action taken
by the Commission; and
(c) May:
1. Deny or revoke the registration; and
2. Bar from further registration, horses owned
by the person who executed the application containing false
or misleading information.
13.2 Appeals
Appeals of decisions to deny or suspend
registrations by the Administrator of the Breeder's Program
may be appealed to the Delaware Harness Racing
Commission within thirty days of the action by the
Administrator of the Breeder's Program, subject to the same
rules and procedures for handling appeals established for the
Delaware Harness Racing Commission.
14.0 Races
14.1 The purses for all races, including walkovers,
under this Breeder's Program shall be distributed on the
following percentage basis: 50-25-12-8-5. Points to qualify
for the finals shall be distributed on the same percentage
basis. In fields with more than five horses, places six
through nine shall receive 4-3-2-1 points, respectively.
14.2 In the case of dead heats, points for the two
positions shall be divided equally among those horses
finishing in a dead heat. For example, if two horses finish in
a dead heat for second, those horses would divide 25 plus 12
points to receive 18.5 percent of the purse or 18.5 qualifying
points each.In the case of a tie in points, the fastest time in
either elimination shall determine the horse eligible to enter
the final. In the case of horses tied in points that have
recorded identical times, the amount of the horses' lifetime
earnings will decide the horse eligible to enter the final. In
the case where points, times, and lifetime earnings are equal,
the eligible horse shall be drawn by lot.
14.3 The percentage basis established by subsection
(1) of this section shall apply at each of the associations
licensed by the Delaware Harness Racing Commission.
14.4If circumstances prevent the racing of an event, and
the race is not drawn, all stake payments shall be refunded to
the purse account of the Delaware Standardbred Breeder's
Fund Program.
14.4 The monies provided for purses and bonus
payments shall be distributed evenly between the races of
each:
1. Age;
2. Sex; and
3. Gait.
The minimum purses for elimination races for
both pacers and trotters shall be $5,000. The minimum
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1031
purses for finals shall be $30,000. The Board of the
Delaware Standardbred Breeder's Program, pursuant to a
recommendation from the Administrator of the Program,
may agree to increase purses should funds and other
conditions permit.
14.5 No horse is eligible to declare unless it has at
least one charted satisfactory performance line within 30
days of declaration and must meet the following qualifying
standards:
2 Year Olds 3 Year Olds
Pacers Trotters Pacers Trotter
2:10 2:14 2:06 2:12
Horses that meet the qualifying standards for a
preliminary leg at each racetrack are qualified for all
subsequent legs and the final at that racetrack.For all
eliminations and finals, all horses must have their nose on
the gate.
14.6 The Administrator of the Delaware
Standardbred Breeder's Fund Program shall be responsible
for races conducted under the Delaware Standardbred
Breeder's Fund Program and shall ensure that:
(a) each track declares the time specified for races
under this program by proper notice and racing dates are
issued for sires stakes after the track's race dates are set.
(b) entry for races run under the Delaware
Standardbred Breeder's Fund Program is required to be
received by the Racing Office by noon three days in advance
of the scheduled race date in a box designated for this
purpose. at the date and time specified on the track condition
sheet.
(c) The Eligibility and class of all horses running in
races is carefully screened.
(d) The Administrator, or his/her designee, is
present for the judges' draw for all races conducted under the
Delaware Standardbred Breeder's Fund Program
15.0 Nominations and Sustaining Payments.
15.1 Nomination and sustaining payments shall be
made to the Delaware Standardbred Breeder's Fund in U.S.
funds.
15.2 A fee payment required by this section shall be
postmarked no later than the due date that is specified for the
fee by this section.
15.3 Beginning with the yearlings of 2001, the
yearling nomination fee shall be:
(a) Forty (40) dollars each; and
(b) Due by August 15 May 15th of the yearling
year.
15.4 A nomination shall be accompanied by a
photocopy of the United States Trotting Association
registration certificate. Supplemental fees of $25 shall be
assessed if the USTA registration certificate does not
accompany the nomination. No nomination shall be
accepted where a USTA registration certificate is not
obtained and submitted within 60 days of nomination to the
Delaware Standardbred Breeder's Program.
15.5 If the August 15 deadline to nominate a
yearling is missed, a late supplemental payment of $350
shall be required. The late supplemental payment shall be
accepted if a) it is received by April 1 of the two (2) year old
year; and b) the two (2) year old March 15th payment has
been made.
15.7 Sustaining payments shall be as follows:
(a) TWO (2) YEAR OLD PAYMENTS
March 15th$100
May 15th$200
Declaration Fee (for each track)$500
March 15th payment must be made to ensure
eligibility as a three (3) year old.
(c) THREE (3) YEAR OLD PAYMENTS
March 15, $300
Declaration Fee (for each track)$500
16.0 Investment Plan and Use of Fees
16.1 All proceeds received pursuant to
§4815(b)(3)b.2.D. of Title 29 of the Delaware Code, which
established in the State of Delaware a Delaware
Standardbred Breeder's Program (herein "the Program") and
any interest earned on these monies shall be invested in an
endowment account until race year 2002.
16.2 For race year 2002, five hundred thousand
dollars ($500,000) of the proceeds received pursuant to
§4815(b)(3)b.2.D. of Title 29 of the Delaware Code, which
established in the State of Delaware a Delaware
Standardbred Breeder's Program (herein "the Program") and
any interest earned on that money in the preceding twelve
(12) months shall be deposited in a separate purse account
for purses and bonus for that race year. For race year 2002,
one million five hundred thousand dollars ($1,500,000) of
the proceeds received pursuant to §4815(b)(3)b.2.D. of Title
29 of the Delaware Code, which established in the State of
Delaware a Delaware Standardbred Breeder's Program
(herein "the Program") shall be deposited in the endowment
account.
16.3 For race year 2003 and each race year
thereafter, one million dollars ($1,000,000) of the proceeds
received pursuant to §4815(b)(3)b.2.D. of Title 29 of the
Delaware Code, which established in the State of Delaware a
Delaware Standardbred Breeder's Program (herein "the
Program") and any interest earned on that money in the
preceding twelve (12) months shall be deposited in a
separate purse account for purses and bonus for that race
year. Beginning January 1, 2003 and for each race year
thereafter, one million dollars ($1,000,000) of the proceeds
received pursuant to §4815(b)(3)b.2.D. of Title 29 of the
Delaware Code, which established in the State of Delaware a
Delaware Standardbred Breeder's Program (herein "the
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1032 PROPOSED REGULATIONS
Program") shall be deposited in the endowment account.
16.4 Any monies from the purse account for the
Delaware Standardbred Breeder's Fund Program at the end
of the race year shall revert to the endowment account of the
Delaware Standardbred Breeder's Fund Program.
See 5 DE Reg. 1274 (12/1/01)
DEPARTMENT OF EDUCATION
830 Students with HIV Infection
The Secretary of Education seeks to repeal the
regulation 830 Students with HIV Infection because 1.0 and
2.0 of the regulation are covered in existing state and federal
law and 3.0 and 4.0 are technical assistance statements. The
rights of students with HIV infection are covered by existing
state and federal law.
830 Students with HIV Infection
1.0 A student enrolled or entering a Delaware public
school/program, or in an adult or apprenticeship program,
with HIV infection shall be permitted to attend school unless
the student, in the opinion of his/her physician, is at risk
from communicable diseases (e.g., measles, chicken pox)
present in the school or has other medically related
problems.
2.0 A student entitled to a free public education
pursuant to 14 Del.C. Ch. 2 and Ch. 31, with HIV infection
who is removed for reasons stated in 1.0, shall be provided
with an appropriate alternative education according to
already established procedures.
3.0 Dissemination of the knowledge that a student has
HIV infection is subject to State and Federal privacy laws
and regulations.
4.0 Routine and standard procedures, etc. universal
precautions, for handling all body fluids shall be utilized in
every school and program.
EDUCATIONAL IMPACT ANALYSIS PURSUANT
TO 14 Del.C. SECTION 122(d)
877 Smoking
A. TYPE OF REGULATORY ACTION REQUIRED
Amendment to Existing Regulation
B. SYNOPSIS OF SUBJECT MATTER OF THE
REGULATION
The Secretary of Education seeks to amend regulation
877 Smoking by changing the name of the regulation to
Tobacco Policy and adding additional Sections that reflect
16 Del.C. Chapter 29 The Clean Indoor Air Act and
guidelines recommended by the Center for Disease Control.
The amended regulation expands the scope of the ban on the
use and distribution of tobacco products.
C. IMPACT CRITERIA
1. Will the amended regulation help improve student
achievement as measured against state achievement
standards? The amended regulation addresses the use and
distribution of tobacco products not student achievement.
2. Will the amended regulation help ensure that all
students receive an equitable education? The amended
regulation addresses the use and distribution of tobacco
products not equitable education issues.
3. Will the amended regulation help to ensure that all
students' health and safety are adequately protected? The
amended regulation addresses the use and distribution of
tobacco products and helps to ensure that the health and
safety of students is protected.
4. Will the amended regulation help to ensure that all
students' legal rights are respected? The amended regulation
helps to ensure that the legal rights of students concerning
tobacco use and distribution are protected.
5. Will the amended regulation preserve the necessary
authority and flexibility of decision making at the local
board and school level? The amended regulation will
preserve the necessary authority and flexibility of decision
making at the local board and school level.
6. Will the amended regulation place unnecessary
reporting or administrative requirements or mandates upon
decision makers at the local board and school levels? The
amended regulation will not place unnecessary reporting or
administrative requirements or mandates upon decision
makers at the local board and school levels.
7. Will the decision making authority and
accountability for addressing the subject to be regulated be
placed in the same entity? The decision making authority
and accountability for addressing the subject to be regulated
will remain in the same entity.
8. Will the amended regulation be consistent with and
not an impediment to the implementation of other state
educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies? The amended regulation is consistent with and not
an impediment to the implementation of other state
educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies.
9. Is there a less burdensome method for addressing
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1033
the purpose of the regulation? There is not a less burdensome
method for addressing the purpose of this regulation.
10. What is the cost to the State and to the local school
boards of compliance with the amended regulation? There is
no cost to the State and to the local school boards of
compliance with the amended regulation.
877 Smoking
1.0 Each school district in Delaware shall have a policy
which, at a minimum, prohibits smoking and the use,
dispensing or selling of tobacco products such as snuff and
chewing tobacco by students in kindergarten through grade
12 during school hours in school hours in school buildings,
on school grounds, or on school buses.
877 Tobacco Policy
1.0 In order to improve the health of students and
school personnel, each school district and charter school in
Delaware shall have a policy which at a minimum:
1.1 Prohibits the use of or distribution of tobacco
products in school buildings, on school grounds, in schoolleased
or owned vehicles, and at all school affiliated
functions.
1.2 Includes procedures for communicating the
policy to students, school staff, parents/guardians/
Caregivers, families, visitors and the community at large.
1.3 Makes provisions for or refers individuals to
voluntary cessation education and support programs that
address the physical and social issues associated with
nicotine addiction.
2.0 The tobacco policy shall apply to:
2.1 Any building, property or vehicle leased,
owned or operated by a school district, charter school or
assigned contractor.
2.1.1 School bus operators under contract
shall be considered staff for the purpose of this policy.
2.2 Any private building or other property
including automobiles or other vehicles used for school
activities when students and staff are present.
2.3 Any non-educational groups utilizing school
buildings or other educational assets.
2.4 Any individual or a volunteer who supervises
students off school grounds.
3.0 No school or school district property may be used
for the advertising of any tobacco product.
PROFESSIONAL STANDARDS BOARD
Statutory Authority: 14 Delaware Code, Section
122(d) (14 Del.C. §122(d))
Educational Impact Analysis Pursuant To 14 Del. C.
Section 122 (D)
Amendment 301 General Regulations For Certification
Of Professional Public School Personnel
A. Type Of Regulatory Action Requested
Amendment to Existing Regulation
B. Synopsis Of Subject Matter Of Regulation
The Professional Standards Board in cooperation and
collaboration with the Department of Education seems the
approval of the State Board of Education to amend 301
General Regulations for Certification of Professional Public
School Personnel by deleting it in its entirety and replacing it
with regulations 1505 Professional Growth Programs, 1510
Initial License, 1513 Denial of License, 1514 Revocation of
License, 1515 Emergency Certificate, 1516 Standard
Certificate, 1519 Alternative Routes to Certification, and
1520 Substitute Teacher. Regulations 1511 Issuance and
Renewal of Continuing License and 1584 Permits also
contain matters that were addressed in regulation 301,
thereby rendering those sections of regulation 301
redundant. It is necessary to amend this regulation in order to
comply with changes in statute regarding the licensure and
certification of educators. The regulation has been
reconstituted as separate regulations which address the
matters previously regulated in 3-1, but which comply with
recent changes in statute. The reconstituted regulations,
listed below, have also been renumbered to reflect their
movement to the Professional Standards Board section of the
Department regulations.
1505 Professional Growth Programs
1510 Initial License
1513 Denial of License
1514 Revocation of License
1515 Emergency Certificate
1516 Standard Certificate
1519 Alternate Routes to Certification
1520 Substitute Teacher
The existing 301 General Regulations for Certification
of Professional Public School Personnel are affected by the
amended regulations in the ways indicated in the column on
the right, below:
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1034 PROPOSED REGULATIONS
Table 1:
1.0 Definitions Incorporated in reconstituted regulations
2.0 Current Licenses,
Certificates
1511 Issuance and Renewal of
Continuing and Permits License,
1584 Permits
2.7.2 Substitute
Teacher
1520 Substitute Teacher
3.0 Testing Requirements
1510 Initial License
4.0 Application for Initial
License
1510 Initial License
4.7 Denial of License 1513 Denial of License
5.0 Renewal of
Licenses
1511 Issuance and Renewal of
Continuing License
6.0 Licensure Agreements/
Reciprocity
1510 Initial License, 1511 Issuance
and Renewal of Continuing
License
7.0 Revocation of
Licenses/Certification
1514 Revocation of License
8.0 Denial of Licenses/
Certifications
1513 Denial of License
9.0 Professional
Growth Programs
1505 Professional Growth Programs
10.0 Certification/
National Board of Professional
Teaching
Standards
stricken by change in statute
11.0 Alternative Routes
to Certification Program
for Secondary
Teachers
1519 rnative Routes to
Certification
Alte
C. Impact Criteria
1. Will the amended help improve student
achievement as measured against state achievement
standards? The amended and new regulations address
student achievement by establishing standards for initial
licensure of teachers and for the issuance and renewal of
continuing licenses to ensure that highly-qualified teachers
teach Delaware students, and engage in appropriate
professional development to ensure that they maintain
current skills and knowledge.
2. Will the amended help ensure that all students
receive an equitable education? The amended and new
regulations helps to ensure that all teachers hired to teach
students meet high standards for initial licensure and
continuing licensure.
3. Will the amended help to ensure that all students'
health and safety are adequately protected? The new
regulation addresses educator licensure. Regulations
concerning denial and revocation of licenses help to ensure
students' health and safety by providing vehicles to deny or
revoke licenses of individuals whose behavior poses a
danger to students' health and safety.
4. Will the amended help to ensure that all students'
legal rights are respected? The new regulations address
educator licensure issuance, renewal denial, and revocation,
not students' legal rights.
5. Will the amended regulations preserve the
necessary authority and flexibility of decision makers at the
local board and school level? The new regulation will
preserve the necessary authority and flexibility of decision
makers at the local board and school level.
6. Will the amended regulation place unnecessary
reporting or administrative requirements or mandates upon
decision makers at the local board and school levels? The
new regulation will not place unnecessary reporting or
administrative requirements or mandates upon decision
makers at the local board and school levels.
7. Will decision making authority and accountability
for addressing the subject to be regulated be placed in the
same entity? The decision-making authority and
accountability for addressing the subject to be regulated rests
with the Professional Standards Board, in collaboration and
cooperation with the Department of Education, and with the
consent of the State Board of Education.
8. Will the amended regulations be consistent with
and not an impediment to the implementation of other state
educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies? The amended and new regulations will be
consistent with, and not an impediment to, the
implementation of other state educational policies, in
particular to state educational policies addressing
achievement in the core academic subjects of mathematics,
science, language arts and social studies.
9. Is there a less burdensome method for addressing
the purpose of the amended regulations? 14 Del. C. requires
that we promulgate these regulations.
10. What is the cost to the state and to the local school
boards of compliance with the amended regulations? There
is no additional cost to local school boards for compliance
with the regulations.
301 General Regulations for Certification of Professional
Public School Personnel
1.0 Definitions of terms
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1035
Credential Evaluation for Licensure through Transcript
Analysis: A process through which persons who have not
graduated from a state approved teacher education program
in a specific field may obtain a Standard license in Delaware.
Official college/university transcripts shall be submitted to
the Department of Education where they are audited for
compliance with licensure requirements for the specific
field.
Evaluation/Prescription Letter: A letter issued by
Department of Education after the evaluation of an
individual's college transcripts and other official documents.
This letter lists any deficiencies that need to be met related to
specific requirements for licensure in Delaware, as stated in
this Manual. The letter may include deficiencies, such as
coursework, test scores, experience verification and/or may
state other specifics which need to be met for Standard
licensure.
Initial Standard Certificate: A license that was issued in
Delaware from 1982 through 1991. Issuance of this license
indicates the individual met all requirements current during
that time period for a specific area of licensure. In addition,
the qualifying scores for the Pre-Professional Skills Tests
were met before the Initial Standard Certificate was issued.
This license had a validity period of five years, after which
the license was converted to a Standard license, upon
documentation of appropriate employment or coursework.
(See Refresher Coursework and Recency Requirement)
Expired Initial Standard licenses may be renewed as
Standard licenses in the same content area provided refresher
requirements are met.
Internship: One year of supervised, full time, successful
experience in a setting appropriate to the area of licensure.
An Internship may be sponsored by a college or university in
conjunction with a particular set of program requirements; or
it may be sponsored locally through employment by a
district and in conjunction with the Department of
Education.
Interstate Certification Agreement (ICA): A formal
contract signed by individual member states of NASDTEC,
in pairs, specifying the parameters of reciprocity. The
Interstate Agreement is a binding, legal agreement/contract
between two states. The states agree to accept teachers from
programs approved under NASDTEC Standards as well as
fully licensed, experienced personnel. The NASDTEC
organization facilitates the signing of the agreement through
an arm called the Interstate Contract Association.
Reciprocity established in this manner operates under
specific conditions that are clearly defined by the Interstate
Agreement.
Licensure Via Approved Program: A process for
acquiring a teaching license in Delaware and other
NASDTEC states that requires graduating from a
state-approved teacher education program and meeting
specific testing requirements set by the Delaware State
Board of Education. Individuals who receive a Standard
license in Delaware based on an approved program are
eligible for reciprocity with other states. Each state has its
own individual set of testing requirements which the
candidate must meet.
Limited Standard License: A license that is issued to an
individual who is employed in a Delaware public school
setting, but does not meet all of the requirements for
Standard licensure in the area(s) of employment. It may be
issued for a period of between one and six years. No
salaryreduction is required. This license is non-renewable.
NASDTEC: National Association of State Directors of
Teacher Education and Certification, a national organization
of State Department certification personnel and Standards
Boards members who have the responsibility for state
certification and program approval. This organization has
developed and adopted a set of Standards which is used by
each member state, in as much as possible. These Standards
form the basis for the Reciprocity Agreement.
NCATE: National Council for the Accreditation of
Teacher Education: One of two national accrediting bodies
approved by the United States Department of Education.
NCATE accreditation is voluntary in Delaware. Colleges/
Universities apply to NCATE seeking to have both the
education unit of the college/university and specific
education programs given national recognition. Each
program must still be approved by that state's Department of
Education in order to have students graduating from such
programs receive licensure in that state.
Occupational/Vocational Testing: The testing in the
vocational field is a performance test in a particular trade
given under strict guidelines. The National Occupational and
Career Testing Institute (NOCTI) is the only vocational test
available that allows an individual to demonstrate skill
competency in a trade such as welding or plumbing. The
NOCTI organization designs the competency tests and trains
staff at institutional settings to administer the NOCTI
examinations under specific standardized conditions. As the
NTE is used to validate certain aspects of teaching, the
NOCTI is used to validate certain skills in vocational trade
areas.
Partial Assignment: A teaching assignment that is for no
more than two periods per day for a one-year period only.
The individual who is given a partial assignment shall have
previously taken at least fifteen semester hours of
coursework in the content area of the partial assignment. The
intent of the partial assignment is to meet specific emergency
needs a district might encounter on a short term basis, for
example, an enrollment bulge. If the district's situation
warrants that the teacher remain in this assignment after the
initial one year period, the teacher will be granted a Limited
Standard license, allowing three additional years to meet all
of the requirements for Standard licensure.
Permits: Permits are given for specific positions within
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1036 PROPOSED REGULATIONS
the local school districts that do not require a Bachelor's
degree, the PRAXIS I tests or a Standard license. Permits are
currently given to aides of all types and substitute teachers.
Processing Fee: A non-refundable, one-time fee that
shall accompany all applications for initial Delaware
certification for each evaluation requested.
Professional and Occupational Licenses: Certain
non-educational fields require State of Delaware licenses to
practice. These fields include Electricians, Plumbers,
Cosmetologists, etc. as well as Nurses, Speech Pathologists,
Physicians and others. If an individual works in a school
setting and a State license is required for practice in
Delaware, it is also required for the education position and
for the licensure/certification of that individual. For
example, all School Nurses must meet specific coursework
and degree requirements for their educational position. In
addition, they are required to maintain their State of
Delaware license and continue its renewal according to
Nursing Board requirements for continuing education.
Professional Status Certificate: A certificate that is
issued after an individual has met all requirements for
Standard licensure in a specific area and has been employed
in a Delaware public school in that same area for three
consecutive years. It is issued for a five-year period. The
renewalof this certificate is a function of continued
employment in a public school for three years out of each
five-year renewal period.
Provisional License: A substandard license that required
a 10% reduction in salary. It has not been issued since 7/1/91
and is no longer a valid Delaware license.
Recency Requirement: A requirement for either 6
semester hours of appropriate coursework or appropriate full
time employment within the five year period immediately
preceding application or evaluation for licensure. Recency
requirements are as indicated: (1) the applicant's Bachelor's
degree shall be conferred within the most recent five-year
period; or (2) the applicant shall have completed appropriate
college-level coursework within the most recent five-year
period; or (3) the applicant shall have been employed in a
full time position, in the area of licensure request, for three
years during the most recent five year period.
Reciprocity: A process whereby an individual with a
license or certificate issued by one state can receive an
equivalent license in another state without meeting
additional coursework requirements. Other non-academic
requirements such as professional work experience or testing
may still be required for the license. The process operates
under a very specific set of previously agreed upon rules
between the two states.
Refresher Coursework: Six semester hours of
college-level coursework, taken either at the Bachelor's or
Master's level from a regionally accredited institution, is
required to meet the Recency Requirement for licensure.
Coursework shall include one professional education
elective and one elective in the specific content area of
licensure. This coursework is required only if the applicant is
unable to meet Delaware's Recency Requirement.
Revocation of License/Certificate/Permit: Revocation is
the process of rescinding a Delaware license/certificate/
permit for reasons of immorality, misconduct in office,
incompetence, willful neglect of duty or disloyalty.
Revocation may be considered at the request of a local
school district or initiated by the Secretary of Education.
Specialized Assignment License: An assignment that is
deemed necessary by a local public school district but for
which no specific requirements for licensure exist is termed
a Specialized Assignment. The license is issued on the basis
of a job description for the position. A Standard License will
be issued to an employed individual who meets all the
qualifications of the job description, including passing
PRAXIS I scores. A Limited Standard license will be issued
if any requirements or qualifications are not met and can be
attained. A Temporary License shall be issued when the
person hired does not meet the job description for the
position. Any certificate issued for a Specialized Assignment
is valid only for the specific position for which it was issued.
The certificate is not valid for use in another position,
another district, or another state.
Standard License: A license issued when an individual
has met all requirements for a specific area of licensure,
including the testing requirement. It is issued for an
indefinite period of time except within the Delaware public
school setting, where it is current for a five year period. This
license can only be renewed when the individual is currently
working in a public school setting or other setting for which
it is required by the State of Delaware, such as the
correctional system.
Temporary License: A one-year non-renewable license
issued to a district employee who meets neither the Standard
nor Limited Standard requirements for a specific Delaware
license and who is hired after August 15th of that school
year. A 10% salary reduction is required. This license is a
one year, non-renewable license and can be issued only one
time to the same individual in thesame area of licensure.
Unless the individual holds a Standard license in another
area, they are not eligible for a salary increment.
2.0 Current Licenses, Certificates and Permits
2.1 Professional Status Certificate: The Professional
Status certificate shall be issued to personnel employed in
areas which require at least a baccalaureate degree for full
certification, as well as to individuals who hold Standard
Trade and Industry licenses. Thus, this license will be
available to superintendents, assistant superintendents,
directors, administrative assistants, supervisors, principals,
assistant principals, teachers, librarians, guidance
counselors, school nurses and other personnel who must
have a minimum of a bachelor's degree for full certification.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1037
2.1.1 This license shall be issued to persons who
meet the requirements for a Standard license and who have
been employed by a Delaware public school system for three
(3) consecutive years of the previous five (5) years in the
type of position for which the certificate is appropriate. The
certificate shall be issued for a period of five (5) fiscal years.
2.2 Standard License: The Standard License shall be
issued to personnel employed in areas which require at least
a baccalaureate degree for full certification, as well as to
individuals who meet all requirements for Trade and
Industry licenses. Thus, this license will be available to
superintendents, assistant superintendents, directors,
administrative assistants, supervisors, principals, assistant
principals, teachers, librarians, guidance counselors, school
nurses and other personnel who must have a minimum of a
bachelor's degree for full certification.
2.2.1 The Standard license shall be issued upon
completion of all requirements in a single area of licensure,
along with successful completion of the State of Delaware's
requirement for testing 3.0, for a period of five (5) years.
2.2.2 The Standard license shall be issued to the
following categories of employees which do not require a
baccalaureate degree for full licensure, and/or which do not
require successful completion of the State of Delaware's
testing requirements (3.3): Manager of School Food Service
Programs, Transportation Manager, Administrative Support
Personnel, formerly Educational Secretaries. The issuance of
this license shall not affect either the salary paid or the
negotiating rights of individuals as currently specified in the
Del. C.
2.2.3 The Standard license shall be issued to an
employee of a Delaware public school district who has been
employed in a Specialized Assignment, for which no
specific requirements are defined, and who possesses the
competencies and skills required for the special assignment
(example: museum curator, laboratory technician,
coordinator, etc.). The employee's credentials, including
evidence of the skills and competencies stated in the job
description and posting, will be collected by the employing
district and sent to the State Certification Office along with a
copy of the job description and the qualifications posted for
the position. A determination regarding licensure will be
made by the State Office of Certification. The state testing
requirement for teacher licensure shall be met for this
position.
2.2.3.1 A Standard Endorsement requires a
Standard license as well as specific requirements defined
under the individual licensure requirements.
2.3 Limited Standard License-Non-Renewable
(Substandard): The Limited Standard license may be issued
for a period of one (1) to six (6) years depending on
circumstances defined below. The Limited Standard license
carries no salary penalty and is non-renewable. This license
shall notbe issued at the request of an individual. It is issued
to employees of a public school district or other state agency
requiring certified educational personnel, upon the request of
the personnel designee of the organization, if the employee
has not fully satisfied the requirements for a Standard license
and one or more of the following conditions shall apply:
2.3.1 Limited Standard- Test (LS- T) Issued for
a period not to exceed two (2) fiscal years to persons who
have not, as yet, satisfied the State Board of Education
testing requirement.
2.3.1.1 The local school district
superintendent shall request that this license be issued to a
new employee who has not been previously employed in a
Delaware public school district, and who has not shown
evidence of satisfactory performance on the PRAXIS I/
PPST. The effective date for this non-renewable license shall
be July 1 of the year in which the employment began and the
expiration date shall be June 30 of the next, consecutive
fiscal year.
2.3.2 Limited Standard Coursework (LS-C)
Issued for a period of up to three (3) fiscal years to a public
school employee who is lacking no more than twelve (12)
graduate or undergraduate college level semester hours and
who has successfully met all testing requirements. A Limited
Standard- Coursework license may be issued to:
2.3.2.1 An employee who meets all course
requirements for a Standard license, but who has been out of
college five (5) years or more. Six (6) semester hours of
college level coursework will be required to be taken during
the life of the Limited Standard license, or prior to the
issuance of the Standard license (see 5.7), or
2.3.2.2 An employee who holds an expired
Initial Standard, Standard or Professional Status license/
certificate, but who has not taught on that license for at least
three (3) years during the most recent five-year period (see
5.7). Six (6) semester hours of college level coursework will
be required of such an applicant for renewal of the Standard
license or an employee who meets the requirements for the
Limited Standard;
2.3.2.3 An employee who is reassigned to
continue for more than one (1) year in a partial assignment
(see 2.6). At that point, the employee shall have three (3)
years to complete all the specific requirements for licensure
in the area of the partial assignment, regardless of the
number of credits needed. Said employee shall hold a
current, valid, Standard license in another, similar-related
content area
2.3.3 Limited Standard-Vocational (LS-V) May
be issued for a period of up to six (6) years for employees
who need more than sixty 60) semester hours of college level
course work and who are required to satisfy the state's
testing requirement within that six (6) year period.
2.3.4 Limited Standard - Shortage/Critical Need
(LS-S) May be issued for up to three (3) years in areas of
shortage designated annually by the State Department of
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1038 PROPOSED REGULATIONS
Education. Requirements are established in accordance with
areas of need by the State Office of Certification, as
approved by the Secretary and the State Board of Education.
In this instance, the license may be issued to an employee
who has at least a Bachelor's degree with a major in the
subject area identified as being an area of critical shortage.
2.3.5 Limited Standard - Internship (LS-I) May
be issued for a period of one (1) year for employees who
meet all requirements for a Standard license other than
student teaching or an internship requirement; and/or who
have been accepted to participate in an approved Internship
program; and/ or are teaching through a special program. A
Limited Standard Internship license may be issued to an
employee who is:
2.3.5.1 An exchange teacher from a foreign
country or a teacher in an exchange program between states
or schools or institutions of higher education and/or state
education agencies within the United States or
2.3.5.2 A teacher from a foreign country who
holds a valid certificate/license from that country and a
degree equivalent to a Bachelor's degree as defined in the
United States; or
2.3.5.3 A person employed by a Delaware
public school district who will have the first year of
employment used in lieu of student teaching or who is in the
process of serving one year of supervised experience in order
to meet an experience requirement stated for a specific
license. Either case requires the prior approval of the State
Office of Certification (see 4.5).
2.3.6 A teacher holding a Standard or
Professional Status Certificate in either Elementary (grades
1-8) or Middle Level (grades 5-8) who is assigned to teach
grade 7 and/or 8 math and/or science, regardless of the
number of credits needed for full certification. During the
term of the Limited Standard Certificate, the teacher shall
complete the requirements for the Standard Certificate in the
area(s) of the assignment. This regulation will be effective
for three years from 7/1/98 through 6/30/2000.
2.4 Temporary License- Non-Renewable: Issued at the
request of a local district superintendent under emergency
conditions to a person who is unable to meet the licensure
requirements at the Standard or Limited Standard level. This
license classification carries a reduction in salary and shall
not be requested prior to August 15 of any year. The
Temporary license is a one-year, non-renewable license.
Salary for an employee issued a Temporary license in an
academic area shall be 10% less than the salary for an
employee issued a Standard license with the same
experience and salary level. Salary for a Temporary licensed
person in an area of Trade & Industry shall be reduced by
$400.00 from that of the Standard licensed person having the
same experience and salary level. A Temporary license may
be issued to an employee who meets one of the three
situations listed below:
2.4.1 Academic (10% salary reduction)
2.4.1.1 A Non-degree employee for a regular
teaching position who is currently engaged in pursuing a
Bachelor's degree and who has completed all professional
education requirements including student teaching, but who
lacks no more than six (6) semester hours of credits for
completion of the Bachelor's degree requirements or;
2.4.1.2 A non-degree employee for a regular
teaching position who has completed no less than two (2)
years of college training and who has no less than three (3)
years of successful teaching experience; or
2.4.1.3 An employee who is a graduate of a
non-accredited college. No higher level license may be
issued until the degree is validated (see 4.6.3).
2.4.2 A person whose credentials for any
assignment do not meet Limited Standard licensure
requirements. The 10% salary reduction will or will not be in
effect as indicated below:
2.4.2.1 If the assignment in the area of
Temporary licensure is a full daily schedule, then a 10%
salary reduction is required.
2.4.2.2 If the assignment in the area of
Temporary licensure is one-half or more of the full daily
schedule, then a 10% salary reduction is required.
2.4.2.3 If the assignment in the area of
Temporary licensure is less than half of the full daily
schedule, and the individual has a Standard license in the
primary area ofassignment, then no reduction in salary is
required
2.4.3 Trade and Industry ($400.00 salary
reduction): A non-degree employee for a Trade and Industry
teaching position who has less than six (6) years of work
experience or two (2) years beyond the learning period in the
trade or industrial occupation to be taught.
2.4.4 Special Situations
2.4.4.1 May be issued to any employed
person who fails to meet the requirements for renewal of a
Professional Status certificate, a Standard license, or the
requirements specified under the Limited Standard license,
provided the local district superintendent or designee
chooses to make a written request for the Temporary license.
Salary reduction will be based on whether the employee
holds an Academic or Trade and Industry position; or
2.4.4.2 at the written request of the local
district superintendent or designee to an employee who fails
to meet the coursework requirements specified for a
Standard or Limited Standard license within the period
specified by that license. Such request shall not be made
when an employee fails to meet the testing requirement
within the time specified by the Limited Standard Test; or
2.4.4.3 to an individual at the specific written
request of the employing local district superintendent to the
Secretary of Education of the Department of Education,
upon providing appropriate documentation as specified in
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PROPOSED REGULATIONS 1039
3.5.1.2.1 and 3.5.1.2.2.
2.5 Failure to Meet Requirements
2.5.1 An employee who accepts employment in
a public school district and is licensed below the level of a
Standard license (Limited Standard or Temporary), by
accepting the position agrees that any deficiencies will be
completed within the specified period of that license. Such
licenses are non-renewable. Consequently, if the specific
requirements stated for Standard licensure are not met when
the license expires, the individual is without licensure in
Delaware and may be terminated by the local school district
(see 2.4).
2.6 Teaching Assignment Out of Licensed Area
2.6.1 When a written request is received from
the local Superintendent prior to reassignment, a partial
teaching assignment of no more than two (2) classes or class
periods may be authorized for one (1) school year, if the
person assigned the partial meets the following
requirements:
2.6.1.1 Holds a current, valid Delaware
Standard teaching license in a field other than that in which
the partial assignment is to be made; and has at least fifteen
(15) semester hours in the content area of the partial
assignment.
2.6.2 If it is necessary to continue the partial
assignment past the initial year, regardless of the coursework
deficiency, the individual shall be placed on a Limited
Standard license in that area. During the three (3) year period
of the Limited Standard, all requirements for the Standard
license shall be met.
2.7 Permits: Permits are issued for specific positions
within the local school districts that do not require either a
Bachelor's degree or the Test approved for licensure by the
Delaware State Board of Education. Individuals who hold
permits are not considered "certified professional employees
of the public school system" as that phrase is used in 19
Delaware Code, Chapter 1301.
2.7.1 Aide: A permit shall be required for all
persons employed either full time or part time as school or
classroom aides with local, state, federal or other funds.
2.7.2 Substitute Teacher (Delaware Code, Title
14, §1230).
2.7.2.1 Class A: May be issued to an
applicant who holds, or is eligible to hold a valid Standard
Delaware teacher's license or such a certificate/license that
has expired. The PPST is not required to hold this
classification.
2.7.2.2 Class B: May be issued to an
applicant with or without a bachelor's degree who meets at
least the requirements for a Temporary license (see 2.0).
2.7.2.3 Class C: May be issued to an
applicant who is not eligible for either Class A or Class B
Permit, but who is recommended to the Secretary of
Education by the superintendent of a Delaware public school
district.
2.7.2.4 Class D: May be issued to an
applicant who is eligible for or holds a Class A, B, or C
permit, but who prefers on a given date to perform substitute
teaching assignments as a volunteer worker, or at a wage rate
to be determined by the Board of Education of the
employing school district.
2.8 Provisions for Exceptions and Changes
2.8.1 An exception to the existing licensure/
certification regulations may be made by the Secretary of
Education at the request of the local chief school officer; or
in the case of an exception for the chief school officer, by the
president of the local board.
2.8.2 An annual report stating the number and
type of exception requests, as well as the disposition of each
exception, shall be sent to the State Board of Education at
the end of each fiscal year beginning with Fiscal Year 1997.
2.8.3 In the event of the consolidation of school
districts where reassignment of a certified personnel is
necessary, the following rules shall apply:
2.8.3.1 Personnel shall be considered
certified for the position to which assigned and a certificate
issued.
2.8.3.2 Such certificate or certificates shall be
valid in the consolidated district for the duration of the
reassignment or subsequent assignments resulting from
consolidation.
2.9 Effect of Changes in Rules and Regulations
Adopted 7/1/93
2.9.1 State of Delaware Approved Programs:
An individual attending a college/university in the State of
Delaware and currently enrolled in a program approved by
the State of Delaware prior to July 1993 shall not be affected
by any of the changes adopted July 1, 1993, as specified in
the General Regulations for Certification of Professional
Public School Personnel and the Specific Regulations of the
same provided that he/she received the "Institutional
Recommendation" of the college/university.
2.9.2 Evaluation for Licensure via Transcript
Analysis: Individuals who have received a credential
evaluation by transcript analysis that has resulted in
evaluation/prescription letter(s) in their credential file at the
Department of Education will have a period of time to
complete the requirements stated in those respective letters,
according to the following schedule:
2.9.2.1 All evaluation/prescription letters
based on certification regulations adopted prior to the 1974
regulations shall become invalid on June 30, 1993. These
individuals shall be required to meet the General Regulations
for Certification of Professional Public School Personnel and
the Specific Regulations of the same as adopted for
certification effective July 1, 1993.
2.9.2.2 All evaluation/prescription letters
dated June 30, 1990 through June30, 1993 shall become
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1040 PROPOSED REGULATIONS
invalid on June 30, 1996. Effective July 1, 1996 these
individuals shall be required to meet the General Regulations
for Certification of Professional Public School Personnel and
the Specific Regulations of the same as adopted for licensure
effective July 1, 1993.
2.9.3 Individuals Employed and Certified on
Substandard Certificates: An employee who has been issued
a Delaware substandard certificate (Limited Standard,
Provisional, Temporary) prior to July 1, 1993, shall continue
on that certificate until the requirements specified are met or
the certificate expires or the employee no longer occupies
the position for which the certificate was issued. In that latter
two cases, the employee shall be required to meet the July 1,
1993 regulations, if reassigned or re-employed at some later
date, for a position requiring that same licensure.
3.0 Testing Requirements
3.1 Any applicant seeking initial licensure in Delaware
shall provide the state Office of Certification with official
test scores for one or more of the following tests of essential
skills in Reading, Writing and Mathematics: The
Pre-Professional Skills Tests (PPST) and/or The PRAXIS I
Paper and Pencil Tests;- and/or The PRAXIS I Computer
Based Tests.
3.2 Test Scores. (Revised May 1994)
3.2.1 The following minimum passing scores
are required in the areas of Reading, Writing and
Mathematics for each of the Tests of essential skills.
3.2.1.1 Pre-professional Skills Test Taken
between 7/1/83 and 10/22/93 Reading - 175, Mathematics -
175, Writing - 172 and/or
3.2.1.2 PRAXIS I - Paper and Pencil Tests
(Passed 7/94) (Tests taken on 10/23/93 and thereafter):
Reading - 175, Mathematics - 174, Writing 173 and/or
3.2.1.3 PRAXIS I - Computer Based Tests
(Passed 7/94) (Tests taken on 10/23/93 and thereafter):
Reading - 322, Mathematics - 319, Writing 319
3.3 Testing Exemptions include individuals holding
Delaware certificates issued prior to July 1, 1983 or having a
completed file on record with the Office of Certification as
of July 1, 1983 which resulted in an evaluation letter for a
certificate/license that is currently in effect, are not required
to take the PPST/ PRAXIS I. The exemption based on an
evaluation letter prior to July 1, 1983 shall expire on 6/30/94,
since letters of that date will become invalid after 6/30/94
(see 2.6.2).
3.3.1 In addition, the following licenses and/or
permits do not require the PPST/PRAXIS I:
Manager of School Food Service Program
Supervisor of School Food Service Program
Transportation Manager
Supervisor of School Bus Transportation
Administrative Support (formerly Secretarial Personnel)
Interpretor Tutor for Hearing Impaired
Permit Substitute Teacher
Permit - Aides
3.4 Acceptable alternatives to the PRAXIS I test scores
include:
3.4.1 Scores from the California Test of Basic
Skills (CTBS) shall be in lieu of PPST/PRAXIS I scores
under the following conditions:
3.4.1.1 The scores were required to receive a
certificate/license in anotherstate and the test was taken as a
condition of meeting certification/licensure requirements in
that state; and
3.4.1.2 The scores total 123, with at least 37
in each category; and.
3.4.1.3 Effective 7/1/96, the following test
scores can be used to exempt an applicant for initial
Delaware licensure from the corresponding portion of the
PPST/ PRAXIS I: Effective 7/1/97- SAT Tests taken after 4/
1/95 and presented for exemption must meet the score
indicated due to a re-centering of theSAT.
3.4.1.4 Alternate Test And Score Praxis I
Exemption
GRE Verbal 490 PRAXIS I Reading
SAT Verbal 480 PRAXIS I Reading
*SAT Verbal 560 PRAXIS I Reading (After 4/1/95)
GRE Quantitative 540 PRAXIS I Mathematics
SAT Mathematics 520 PRAXIS I Mathematics
Mathematics
*SAT Mathematics 540 PRAXIS I Mathematics
(After 4/1/95)
NTE Core Battery:
Communications Skills 670 PRAXIS I Writing
3.5 Testing Timeline
3.5.1 Individuals may be hired in a Delaware
public school district prior to having taken or passed the
PPST/PRAXIS I. The employee has the period of time, from
the date of hire to the end of the next, consecutive fiscal year
to present passing PPST/PRAXIS I scores to the employing
school district and the State Office of Certification, should
employment remain continuous.
3.5.1.1 Any Standard Aptitude Test (SAT)
scores and/or Graduate Records Exam (GRE) scores and/or
NTE Communication Skills scores intended to be used as an
exemption for the PPST/PRAXIS I, shall be submitted
within the same timeline and scores should pre-date the
employment date.
3.5.1.2 Once this period has expired, the
individual will be without any valid Delaware license and
employment may not be continued unless one of the
following conditions is met:
3.5.1.2.1 Official documentation is
provided to the Department of Education, Office of
Certification, showing successful completion of all parts of
the PPST/PRAXIS I OR
3.5.1.2.2 Based on documented
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PROPOSED REGULATIONS 1041
effectiveness, the superintendent of a public school district
may submit a written request to the Secretary of Education to
grant a third/fourth year for an individual to successfully
complete all parts of the PPST/PRAXIS I tests. The request
shall include:
3.5.1.2.2.1 A letter from the
individual's immediate supervisor attesting to the employee's
effectiveness in the position; and copies of the employee's
evaluations (Delaware Performance Appraisal System - 3
Formative and 1 Summative) from the current schoolyear,
which demonstrate effective performance.
3.5.1.2.3 If the extension is granted,
the individual shall:
3.5.1.2.3.1 Be placed on a one-year
Temporary License at a ten (10) percent reduction in state
salary; and
3.5.1.2.3.2 By October 31 complete
training in all parts of the PPST/PRAXIS I for which
qualifying scores have not been attained, by using the
Learning Plus computer tutorial package or other available
training programs.
3.5.1.2.3.3 By December 31 take
the PPST/PRAXIS I at least once; and twice during the third/
fourth year of employment.
3.5.1.2.3.4 By January 31 the
district shall verify the above to the Department of
Education.
3.5.1.3 In the event that employment is
terminated from a Delaware public school district prior to
passing the PPST/PRAXIS I and prior to the end of the next
consecutive fiscal year, an individual may be re-hired and be
granted the amount of time remaining on the original license,
to meet the testing requirement. The total time the employee
shall be employed, without demonstrating passing PPST/
PRAXIS I scores, shall not exceed the amount of time from
original date of hire to the end of the next, consecutive fiscal
year, whether the employment remains continuous or not.
3.5.1.4 When employment is not involved,
there is no time restriction for meeting the testing
requirement; however, the test shall be taken prior to
submitting an application for certification and the testing
requirements may change.
3.5.2 PPST/PRAXIS I scores need not be
passing to initiate the application process. Official scores
that are passing shall be received prior to the issuance of any
Standard license requiring the test (see 3.3 and 3.3.1).
3.5.3 There is no limit on the number of times
an individual may take the PPST/PRAXIS I. Once passed, a
section need not be taken again.
3.5.3.1 Passing scores in each area (Reading,
Writing, Mathematics) may be attained in any testing format.
3.5.4 Presentation of Test Scores to the State
Certification Office.
3.5.4.1 Test scores shall be official and
Official scores are generally computer coded to the
Department of Education at the test site, and are sent directly
from Educational Testing Service to the Office of
Certification.
3.5.4.2 Unopened, unaltered envelopes
containing PPST/PRAXIS I scores that were sent to the
individual may be accepted as official. The State Office of
Certification, shall determine whether the scores are
acceptable as presented.
3.5.4.3 If an individual cannot provide
official scores as described above, the applicant may have an
official set of scores sent to the State Office of Certification,
directly, by contacting the Educational Testing Service.
After five years, test scores are considered invalid by ETS
and re-testing is required as a means of providing official
scores.
3.5.4.4 Direct verification from another State
Department of Education shall be considered as official. An
original of the grade form shall be forwarded directly from
the other State Department to the Delaware Office of
Certification. This method shall be used only when those
avenues described in 3.5.4.1, 3.5.4.2, and 3.5.4.3 have been
exhausted.
3.5.4.5 Acceptable means for providing
Scholastic Aptitude Tests (SAT) and Graduate Record Exam
(GRE) scores are:
3.5.4.5.1 Have scores sent directly
from the Education Testing Service to the State Office of
Certification.
3.5.4.5.2 Have an official college
transcript forwarded directly to the State Office of
Certification, if a particular institution lists SAT and/or GRE
scores on its transcript.
3.5.4.5.3 Have high school transcript
signed and sealed by the registrar and sent directly to the
State Office of Certification, for SAT verification.
3.6 It shall be the responsibility of the individual
employee/applicant to bear any/all costs related to testing/
re-testing, and the presentation of official scores to the State
Office of Certification.
3.7 Department of Education Employees: All
employees of the Department of Education hired after 7/94
shall pass PRAXIS I or provide equivalent scores from other
acceptable assessments. These scores shall be presented to
the State Office of Certification as official scores (see 3.5.4).
3.8 Certification Testing Data from Delaware
Institutions of Higher Education with State Approved
Teacher Education Programs.
3.8.1 The State Office of Certification shall
receive the same certification testing information, data or
reports that are provided to each institution of higher
education having a State of Delaware approved program in
education.
3.8.2 The request for such information shall be
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1042 PROPOSED REGULATIONS
made directly to the Educational Testing Service or other
testing vendor by the State Office of Certification only. Data
or reports related to alternative test scores, SAT, GRE, and
NET Core Battery, which can be used in Delaware for an
exemption from specific portions of the PRAXIS I tests,
shall also be provided upon request.
4.0 Application for Initial License
4.1 An applicant for initial licensure shall file an
application with the State Office of Certification. The
application shall be supported by official transcripts and
other documentation that may be necessary to perform the
credential evaluation. It shall be the responsibility of the
applicant to provide the necessary documentation in an
appropriate official form. Any and all costs related to
providing appropriate documentation shall be the
responsibility of the applicant.
4.2 Credentials for Application
4.2.1 All documentation to support an
application request for licensure shall be official. Transcripts
shall be signed and sealed by the college/university registrar.
If presented in a sealed, unaltered envelope to the Office of
Certification, transcripts stamped with "Issued to the
Student" are considered official. The Office of Certification
shall determine, solely, whether a transcript or other
document is official.
4.2.2 All other documentation shall be originals,
unless otherwise specified in the Application Packet.
4.2.3 Test scores shall be received directly from
the Educational Testing Service; or be otherwise official (see
3.5.4).
4.2.4 Credentials required for application, if
employed or non-employed, are the same, they shall include:
4.2.4.1 Application for Certification Form.
4.2.4.2 Official transcripts of all institutions
listed on Application forCertification Form at the time of
application for initial licensure.
4.2.4.3 Institutional Recommendation/
Verification of Approved Program.
4.2.4.4 Official PPST/PRAXIS I scores. If
not employed in a public school district at the time of initial
application, official PPST/PRAXIS I scores are required to
apply for an initial evaluation for licensure. Individuals who
are employed in the Delaware public school system have a
period of time to submit passing scores (see 3.5).
4.2.4.5 Non-resident processing fee
(non-refundable), if applicable.
4.2.4.6 Experience verification, when
applicable.
4.2.4.7 Copy of out-of-state certificates/
licenses.
4.3 Receipt of Credentials for Persons Employed in the
Delaware Public School System.
4.3.1 All credentials for licensure other than
PPST/PRAXIS I scores (where applicable) should be
received in the State Office of Certification, prior to
employment. If this is not possible, then the credentials shall
be received no later than two (2) months from the date of
employment. Under these circumstances, it is the
responsibility of the district, before employment, to
determine that the person is eligible to be certified for the
position.
4.3.2 If a complete credential file has not been
received by the State Office of Certification, within two (2)
months of the employment date, the applicant shall be paid
at the rate of a substitute teacher until required
documentation for licensure has been received. Under
extenuating circumstances, the district may make a written
request for a waiver.
4.3.3 Upon receipt of the appropriate credentials
and evaluation for license, the individual's salary level, based
on verified degree, experience, military service, and type of
license shall be determined, and shall be made retroactive to
the date of employment.
4.4 Recency of Coursework
4.4.1 If an applicant's Bachelor's degree has not
been conferred within the most recent five-year period; or if
the applicant has not completed appropriate college-level
coursework within the most recent five-year period from the
date of evaluation for licensure or 3 years of full time
experience in the area of the license during the last 5 years,
then six (6) semester hours of refresher coursework may be
necessary, even if all other requirements are satisfied (see
5.7). Refresher coursework shall be taken in a regionally
accredited college or university. All courses shall meet the
approval of the Office of Certification. Inservice coursework
is not appropriate to meet the recency requirement.
4.5 Student Teaching
4.5.1 Successful student teaching at the
appropriate level under the supervision of an accredited
teacher preparation institution shall be required for all
standard licenses, with the exception of the process
described below:
4.5.1.1 In lieu of student teaching, one (1)
year of full-time, successful elementary, secondary school,
or appropriate college/university sponsored internship
training in Delaware, under supervision, and given prior
approval by the State Office of Certification may be
substituted. This regulation shall not be used until the
individual has met all other requirements, leaving student
teaching as the sole remaining requirement to be met for
Standard licensure.
4.5.1.2 In lieu of student teaching, the six (6)
semester hour student teaching requirement shall be met via
a year of experience, as approved by the State Office of
Certification, and six (6) additional elective semester hours
in professional education in the area of licensure orany area
designated by the employing school district and approved by
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PROPOSED REGULATIONS 1043
the State Office of Certification.
4.5.1.2.1 The State Office of
Certification must give prior approval to this year of
experience. The one (1) year of experience shall be served at
the same level or in the same content area as required for that
license (K-4, elementary 1-8, secondary 7-12, Special
Education, Math, English, etc.). Experience served before
approval is obtained from the State Office of Certification is
not appropriate to meet this requirement.
4.5.1.2.2 Private school experience in
lieu of student teaching shall be served in a regionally
accredited/regularly organized private school. An
appropriate evaluation system, that is equivalent to the
Delaware Performance Appraisal System, shall be in force in
order for the private setting to qualify as an approved site. A
private school is not required to participate in this process. It
is voluntary and is a service to the applicant for Delaware
licensure. Private school experience served before approval
is obtained from the State Office of Certification is not
appropriate to meet this requirement.
4.5.1.2.3 An applicant who did not
attain an undergraduate index sufficient for eligibility for
student teaching at the appropriate level; or an applicant
who, for some other reason, was denied permission by the
college to engage in this experience; may not be certified to
teach in Delaware until the restriction is removed by the
college. This individual shall meet the Specific
Requirements for the area of licensure sought, since the
approved program recommendation is not available.
4.6 Other Considerations for Initial Licensure
4.6.1 Foreign Credentials
4.6.1.1 Applicants with study outside the
United States who are not employed in the Delaware public
school system should submit academic credentials either in
the original or in legible certified reproductions. An analysis
of the degree equivalency is required. The State Office of
Certification has no staff trained in foreign credential
analysis. For this reason, the individual shall submit
credentials to an approved consulting firm specializing in
foreign credential analysis/translation. An official
translation/evaluation accompanying the original shall be
required. The translation/evaluation will assist the Office of
Certification in determining the applicant's licensure status.
Semester hour equivalents and verification of certification/
licensure as a teacher in the foreign country may also be
necessary to complete the evaluation for licensure in
Delaware. A list of appropriate foreign credential
consultants is available from the State Office of
Certification. Since this service is not provided by the
Department of Education, the cost is the full responsibility of
the applicant.
4.6.1.1.1 In making application for
licensure, the individual with foreign credentials shall follow
the standard procedure for all applicants; however, it is more
efficient to submit transcripts for foreign credential analysis
first. Any teaching experience claimed must be properly
verified. If an applicant with foreign credentials is unable to
provide all the required information, a license to teach in
Delaware cannot be issued (see 2.0); and
4.6.1.1.2 Applicants who are part of a
foreign exchange program should refer to 2.3.5.
4.6.2 Professions and Occupations License
4.6.2.1 In areas of licensure where a State of
Delaware professional licenseor registration is required by
law, the applicant must present a current, valid license or
registration upon application for a teaching license. The
State license or registration shall be renewed as required by
law. For initial licensure, a copy of a current, valid State of
Delaware license shall be submitted with all requests for
renewal of a Delaware license that requires the license.
4.6.2.1.1 At any time an individual
allows the required license to lapse or become invalid for
any reason, the Delaware teaching license which requires
such professional licensure shall become invalid as well.
4.6.3 All graduate and undergraduate degrees
and coursework accepted for licensure must be earned from
a college or institution approved by the appropriate regional
or national accrediting agency; however, applicants from
non-accredited colleges may validate the Bachelor's degree
by the completion of six (6) graduate level credits from an
accredited institution or through the National Teacher
Examinations (NTE) (see 4.6.5.1).
4.6.4 Correspondence coursework or courses
delivered by video tape shall have a regionally accredited
institution as the grantor of credit in order to meet
requirements for licensure, and shall be presented to the
Office of Certification on an official transcript from said
regionally accredited institution. Six (6) semester hours of
coursework is the maximum amount of credit allowable via
correspondence (see 4.6.6).
4.6.5 Proficiency Examinations
4.6.5.1 A satisfactory score (fiftieth
percentile or better) on the National Teacher Examinations
(NTE)/PRAXIS II Content Tests may be used:
4.6.5.1.1 to validate work from
non-accredited colleges (see 4.6.3 and 4.6.4);
4.6.5.1.2 to complete requirements for
the major teaching field if the applicant holds a Bachelor's
degree but lacks six (6) semester hours or less for full
licensure and has at least one (1) year of successful teaching
experience in the area required for the license;
4.6.5.1.3 as a substitute for
coursework for an additional teaching field. This applies to a
person who is fully certified and who has satisfactory
experience in his/her major teaching field of at least three (3)
years on the Standard license (documentation of both
experience and level of performance required), and who
wishes to qualify for another teaching field;
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1044 PROPOSED REGULATIONS
4.6.5.1.4 by an applicant who needs
only refresher credits as required under Recency
Requirement (see 5.7);
4.6.5.1.5 to complete requirements for
foreign language in the areas of French, German and Spanish
or any other specific content areas for which the National
Teacher Exam (NTE/PRAXIS II) has been developed and
for which the State of Delaware offers licensure;
4.6.5.1.6 to validate proficiency as a
native speaker; or proficiency of a language gained through
cross-cultural experiences such as living abroad.
4.6.5.2 Occupational Vocational Testing
(NOCTI)
4.6.5.2.1 This test may be taken to
complete requirements in the occupational vocational
education area of Trade and Industry, with approval of the
State Department of Education and they determine the
appropriate cut scores of the NOCTI competency
examinations for each trade area.
4.6.5.2.1.1 The appropriate NOCTI
can be used for nine (9) semester hours of credit in the
vocational elective area of the Specific Requirements of the
Trade andIndustry license and nine (9) semester hours
toward a salary increment.
4.6.5.2.1.2 The NOCTI can be used
as part of an undergraduate bachelor's degree program in
vocational education. The degree-granting college/university
will determine the credit value of the exam in light of the
completion on the Bachelor's degree.
4.6.5.2.1.3 The NOCTI cannot be used
for both 4.6.3.2.1.1 and 4.6.3.2.1.2 above.
4.6.6 Correspondence Coursework
4.6.6.1 Not more than six (6) semester hours
of required courses for licensure in any single area may be
secured by correspondence work. This correspondence work
shall be successfully completed through an accredited
college or in a school listed by a recommended accrediting
agency such as the National Home Study Council.
4.6.6.1.1 Any courses presented in a
video or distance learning format shall be considered as a
correspondence course, as long as attendance on campus in a
formal classroom setting is not required. Consequently,
video courses and distance learning shall be taken through a
regionally accredited college and a maximum of six (6)
semester hours are allowable.
4.6.7 Fees Required
4.6.7.1 A $10.00 non-resident initial
processing fee will be charged for each original evaluation
for licensure at the time of initial application. A resident of
Delaware is an applicant who has been a resident of
Delaware for at least one (1) year. Checks are to be made
payable to the Delaware Department of Education, shall
accompany each Application for Certificate, and are not
refundable. Applications submitted without this fee shall be
returned unprocessed.
4.6.7.2 A $5.00 fee will be charged for each
duplicate certificate/license. Checks are to be made payable
to the Department of Education. Cash or postage stamps are
not acceptable.
4.6.8 The effective date of each license shall be
the actual date of issuance or employment, whichever is
earlier; or the first of the month following the completion of
the semester in which coursework requirements were
completed or the date of completion of testing requirements
when no other requirements were needed. The expiration
date shall be the end of the fiscal year, as appropriate for the
license being issued.
4.6.9 An applicant for initial licensure who
meets all minimum requirements may, in some cases, be
issued the appropriate license for only one (1) year when
offered employment in a Delaware public school district.
The license may be continued/extended for its full term after
one (1) year of successful, full-time teaching experience in a
public school setting and upon the recommendation of the
local district superintendent.
4.7 Denial of License
4.7.1 A license may be denied to an applicant
for initial licensure for the following reasons: lack of good
moral character, misconduct in office, incompetence, willful
neglect of duty, disloyalty or falsification of credentials.
4.7.2 Notwithstanding any other provisions
stated herein, no license shall be issued to an applicant for
initial licensure, for licensure through reciprocity, or for
renewal of licensure, if:
4.7.2.1 There is legal evidence that the
applicant is not of good moral character; or
4.7.2.2 The applicant has had a certificate or
license revoked in another state for immorality, misconduct
in office, incompetence, willful neglect of duty, disloyalty or
falsification of credentials.
5.0 Renewal of Licenses
5.1 The Professional Status certificate is valid for five
(5) fiscal years and shall be renewed upon expiration
provided the employee shall have been employed, full-time,
for at least three (3) school years during the aforesaid
five-year term, in the type of position for which the
certificate was issued.
5.1.1 In the event that the Professional Status
certificate expires and the holder has not been employed
full-time, for three (3) of the most recent five-year period, in
the type of position for which the Professional Status
certificate was issued, the employee shall be required to take
refresher coursework as required in 5.7. Credits earned
during the period when the certificate was valid may be
applied, if appropriate, toward meeting the refresher
requirements as long as the coursework is not older than five
(5) years. Upon completion of the refresher coursework, a
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PROPOSED REGULATIONS 1045
regular Standard license will be issued/renewed.
5.1.2 The holder of an expired Professional
Status certificate, who does meet either the three-year
employment requirement for renewal or the refresher
requirements to qualify for a regular Standard license or
renewal of such, may qualify for a Limited Standard license
in the same area, if such certification is requested by a local
district superintendent as a condition of employment or
continued employment.
5.2 Standard license: The Standard license shall be
renewed upon expiration, provided the employee shall have
been employed in a Delaware public school district or other
state agency requiring certified educational personnel, for at
least three (3) school years during the most recent five-year
period. Said employment shall have been in the type of
position for which the license was issued and for which it is
valid.
5.2.1 The Standard license shall be renewed
only when the employment is not for three (3) consecutive
years, thus rendering the employee ineligible for a
Professional Status certificate. If employment in the
appropriate position is for three (3) consecutive years, the
individual shall be issued the Professional Status certificate
and the Standard license in that area shall not be renewed.
5.2.2Standard licenses are typically not renewed for
individuals employed outside the Delaware public school
system and appropriate agencies that require certified
educational personnel. The Standard license shall not be
renewed for individuals employed within the Delaware
public school system, unless it is required in the area to
which the employee is currently assigned. Regular Standard
licenses that are not renewed are valid indefinitely. Renewal
of these licenses shall be made only when an assignment/
reassignment within the public school system requires the
employee to hold that specific license.
5.2.3In the event of a reassignment to an area in
which the Standard license has expired, and when the holder
of that expired license has not been employed for three (3) of
the most recent five-year period in a position for which it
was issued, the holder shall be required to take the refresher
coursework described in 5.7. Six (6) semester hour credits
from regionally accredited colleges/universities earned
during the period when the license was valid but expired
may be applied,if appropriate, toward meeting the refresher
requirement.
5.2.4The regular Standard license may be renewed
for personnel who previously held a Professional Status
certificate, and who do not meet the three-year, full-time
employment renewal requirement but who have completed
the required refresher coursework. The Standard license
shall be renewed at the time the Professional Status
certificate expires, provided the holder is employed by a
Delaware public school district or state agency requiring
certified educational personnel, in a position requiring that
license.
5.2.5The holder of an expired license who meets
neither the service requirements nor the refresher
requirements for renewal, may qualify for a Limited
Standard license, if employed by a Delaware public school
district or state agency requiring certified educational
personnel, provided such license is requested by a local
district superintendent or appropriate personnel officer.
5.3 The Initial Standard certificate was valid for a
period of five (5) years between October 1, 1982 and June
30, 1991 and is not renewable. The holder of an Initial
Standard certificate who has been employed, full-time, by a
Delaware public school district or state agency requiring
certified educational personnel for at least three (3) years of
the aforesaid five-year term, and in the type of position for
which the certificate was issued, shall be eligible for a
regular Standard certificate upon expiration of the Initial
Standard certificate. The Initial Standard certificate has not
been issued since July 1, 1991. Since that time, the regular
Standard certificate replaced the Initial Standard certificate
as the initial certificate in Delaware. In the situation
described above, the Standard certificate would be issued for
the next consecutive five-year period.
5.3.1After three (3) consecutive years of service in
the type of position for which the Initial Standard certificate
was issued, the holder of the Initial Standard is eligible for a
Professional Status certificate in the same area. If employed
in a Delaware public school district or an agency that
requires certified educational personnel, a regular Standard
certificate will not also be issued at that time. It may be
issued later, as appropriate.
5.3.2The holder of an expired Initial Standard
certificate who has not completed, within the most recent
five-year period, three (3) years of employment in the type
of position for which the certificate was issued, may be
issued a regular Standard license upon completion of six (6)
semester hours of approved refresher work, independent of
employment. A written request must be submitted if the
individual is outside the Delaware public school system.
5.3.3The holder of an expired Initial Standard
certificate may be issued a Limited Standard license at the
request of a local district superintendent/state agency,
provided he/she is employed in a Delaware public school
district or state agency requiring certified educational
personnel, and in the event they meet neither the experience
or the refresher requirements.
5.4 A Limited Standard license is issued for up to three
(3) years at the request of a local district superintendent, and
is not renewable (see 2.3).
5.5 A Temporary license is valid for one (1) year and is
not renewable. If an applicant for licensure who was
employed on the basis of a Temporary license later qualifies
for a regular Standard then the appropriate license may be
issued.
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5.6 Individuals who are not employed in a Delaware
Public School District or other State Agency Requiring
Certified Educational Personnel.
5.6.1A Professional Status certificate, issued to an
individual while employed in a Delaware public school
district, shall not be renewed. It is considered to be a valid
Delaware licensefor an indefinite period of time.
5.6.1.1Upon returning to employment within
the Delaware public school system, the Standard license that
was initially issued/used during the previous employment,
shall be renewed when either 5.6.1.1.1 or 5.6.1.1.2 below
can be met:
5.6.1.1.1verification of the completion of
the appropriate refresher coursework as specified in 5.7.
5.6.1.1.2provision of appropriate
documentation of three (3) years full-time experience within
the most recent five-year period, teaching in the same area as
the Professional Status certificate.
5.6.1.2Upon employment in a Delaware public
school district, a Limited Standard license may be issued for
a period of up to three (3) years at the request of a local
district superintendent/designee while the refresher
coursework requirement is being met.
5.6.2The Standard license, although valid for an
indefinite period of time, is typically not renewed for a
five-year period until the individual holder is employed in a
Delaware public school district or other state agency which
employs certified educational personnel. At the time of
employment within the public school system, and upon
presentation of verification of appropriate refresher
coursework (see 5.7).
5.6.2.1If an individual with a valid regular
Standard license that is more than five (5) years past its latest
issuance date, seeks employment, he/she will be eligible for
renewal with documentation of appropriate refresher
coursework or experience. If coursework has not been taken,
the regular Standard license cannot be renewed until such
time as the refresher is taken. However, this individual shall
be eligible at the request of the local district superintendent,
to be issued a three-year Limited Standard license while the
appropriate refresher coursework is completed.
5.7 Recency Requirement
5.7.1Upon initial application for licensure, or when
an additional area(s) of licensure is/are requested, or upon
license renewal, at least six (6) semester hours of the
coursework shall have been taken within the most recent
five-year period. The recency requirement may be satisfied
through appropriately documented employment in the area
of license request, for three (3) years out of the most recent
five-year period. Should neither of these criteria be met, six
(6) semester hours of refresher coursework as specified
below, shall be required prior to Standard licensure or
renewal of license.
5.7.2Refresher coursework for licensure shall be
taken in a regionally accredited college or university. Said
refresher may be either graduate or undergraduate level
coursework, as was appropriate to meet the original
requirements for licensure in that particular area. In-service
coursework is not appropriate. A total of six (6) semester
hours of refresher coursework is required for license renewal
or to update any degree or coursework that is more than five
(5) years old (see 4.4).
5.7.2.1If required, the refresher coursework
shall be related to the specific area of licensure requested,
with three (3) semester hours to be taken in the subject/
content area of the license and three (3) additional semester
hours to be taken in professional education directly related to
the certified area. Refresher coursework shall meet the
approval of the State Office of Certification. Refresher
coursework shall be required for:
5.7.2.1.1Renewing (upon employment in or
assignment to a position)any valid, expired, renewable
certificate/license where the individual has not been
employed in an assigned position requiring that license for
three (3) of the most recent five-year period;
5.7.2.1.2Updating the recency of any degree or
coursework that is older than five (5) years as it applies to
the use of such coursework or the completion of a degree
used to obtain initial licensure for a new area;
5.7.2.1.3Updating the recency of any degree or
coursework that is older than five (5) years as it applies
toward meeting the requirements for any additional area(s)
of licensure, after initial licensure.
6.0 Licensure Agreements/Reciprocity
6.1 Individuals graduating from Teacher education
programs that are approved and accredited by the National
Council for Accreditation of Teacher Education (NCATE) or
the National Association of State Directors of Teacher
Education and Certification (NASDTEC) Certification
Reciprocity System or The Interstate Certification Project
(ICP) and have full recommendation from their degree
granting institution shall be accepted for full licensure in
Delaware upon passing the reading, mathematics and writing
parts of the Pre-Professional Skills Tests (PPST/PRAXIS I).
6.2 Interstate Certification Project (ICP)
6.2.1Classroom Teacher: An applicant with a
bachelor's degree granted after January 1, 1964 in teacher
education whose program is on the list of approved programs
for the ICP will be automatically certified to teach in
Delaware in his/her major area if he/she is fully
recommended for teaching by the degree-granting
institution.
6.2.1.1An applicant with a bachelor's degree
who holds a valid initial regular certificate/license from one
of the states in the ICP and who has at least 27 months of
successful teaching experience within the immediate past
seven (7) years with at least eighteen (18) months of that
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PROPOSED REGULATIONS 1047
teaching under the license now offered, is eligible for a
Delaware license in the same area. (A copy of the certificate/
license and verification of experience is required.)
6.2.2All other licensed education personnel (except
Superintendents and Assistant Superintendents).
6.2.2.1An applicant from one of the states in
the ICP who holds a valid initial regular certificate/license
from the state and who has a minimum of 27 months of
successful performance of professional school services
under the certificate/license is eligible for a Delaware license
in the same area if he/she has attained the same degree level
of education required by Delaware. A copy of the certificate/
license and verification of experience is required.
6.2.3Licensed Educational Personnel from Other
States (except local District Superintendent)
6.2.3.1An applicant with a bachelor's degree
who is fully licensed/certified in another state and who has a
minimum of three (3) years of satisfactory experience within
the immediate past five (5) years in the specific teaching area
covered by that certificate/license, will be licensed in that
area if he/she meets the total number of credits required by
Delaware in professional education and the specific field,
but not necessarily the specific courses required in Delaware
if he/she has attained the same degree level of education
required by Delaware.
7.0 Revocation of Licenses/Certification
7.1 Any license other than that of Professional Status
may be revoked by the Secretary of Education for the
reasons of immorality, misconduct in office, incompetence,
willful neglect of duty, disloyalty, or falsification of
credentials.
7.2 Revocation Requested by a School District
7.2.1When any certified person is dismissed for
immorality, the board making such a determination pursuant
to 14 Del. C. shall, upon final decision, give written notice to
the Secretary of Education of its desire to request the
revocation of that individual's license(s).
7.2.2When any certified person is dismissed for
misconduct in office, incompetence, disloyalty, or willful
and persistent insubordination, the board making such a
determination pursuant to 14 Del. C. may, upon final
decision, give written notice to the Secretary of Education of
its desire to request the revocation of that individual's
license(s).
7.2.3The certified copy of the decision of the board
shall be substantial evidence for the Secretary of Education
to revoke the license(s) without a hearing. The district shall
forward its record with regard to the dismissal and any
hearing thereon.
7.2.4The notice of the revocation(s) by the
Secretary of Education shall be sent to the person by
certified mail and shall give notice that it may be appealed to
the Delaware State Board of Education within thirty (30)
days.
7.3 Revocation or Denial by the Secretary of Education
7.3.1In a case where the Secretary of Education has
good reason to believe that a certified person not employed
by a public school district has been convicted of a crime
which is evidence of immorality, the Secretary of Education
may initiate proceedings to revoke the person's license(s).
7.3.2Any revocation by the Secretary of Education,
or any denial of licensure or denial of renewal of license
shall be subject to the following:
7.3.2.1The Secretary of Education shall ensure
that there has been a fair investigation of the facts, that there
is substantial evidence for the basis of the decision, and that
the person is given notice of the decision and the reasons.
7.3.2.2The notice of the decision shall be sent
to the person by certified mail, and the person shall have
thirty (30) days, from receipt, to request an informal hearing
before the State.
7.3.2.3If such a hearing is requested, the
Secretary of Education shall give the person twenty (20)
days prior notice of the date, time and place of the informal
hearing. The notice shall inform the person of the right to
present his position and to be represented by counsel.
7.3.2.4The Secretary of Education shall render
a decision in writing, setting out the reasons within twenty
(20) days. The decision shall be sent to the person by
certified mail, and shall give notice that it may be appealed
to the State Board of Education within thirty (30) days of
receipt.
7.3.3All appeals to the State Board of Education
regarding revocation or denial of licensure are pursuant to 29
Del. C., Chapter 101.
8.0 Denial of Licenses/Certificates
8.1 A license may be denied to an applicant for initial
licensure for the following reasons: Lack of Good Moral
Character, Misconduct in Office, Incompetence, Willful
Neglect of Duty,Disloyalty or Falsification of Credentials.
8.2 Notwithstanding any other provisions stated herein,
no license shall be issued to an applicant for initial licensure,
for licensure through reciprocity, or for renewal of licensure,
if:
8.2.1There is legal evidence that the applicant is not
of good moral character; or
8.2.2The applicant has had a certificate or license
revoked in another state for immorality, misconduct in
office, incompetence, willful neglect of duty, disloyalty or
falsification of credentials.
9.0 Professional Growth Programs
9.1 Definitions of Terms
9.1.1Graduate Level Course: Any course to be used
herein which is offered at a regionally accredited college or
university that is considered graduate level at that institution.
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1048 PROPOSED REGULATIONS
9.1.2Undergraduate Course: Any course to be used
herein which is offered by a regionally accredited college or
university which carried college credit for an Associate or
Bachelor's degree.
9.1.3In-service Credits: Any project course offered
by a local Delaware school district or other agency that has
the approval of the Delaware State Department of Education;
or any course offered by the Delaware State Department of
Education. (To be used in a Professional Growth Program,
completion of these courses must have the prior approval of
the local employing school district superintendent.)
9.1.4Individual Professional Growth Credits :
Individual activities, i.e. projects, travel, and work
experience, which contribute to the professional growth of
the school employee in his/her assignment. Individual
Professional Growth credits must have the prior approval of
the Delaware State Department of Education and the local
employing school district superintendent. A written
evaluation report by the individual earning the credit shall be
required at the conclusion of the activity.
9.1.4.1A minimum of one (1) and a maximum
of three (3) in-service credits will be allowed for each
activity, for a maximum of nine (9) Individual Professional
Growth credits.
9.1.5Credit Calculation: All credits must be
expressed in terms of semester hours. College or university
credits expressed in quarter hours and approved CEUs will
be converted to semester hours by multiplying the number of
quarter hours by two-thirds. In the case in-service credits,
fifteen (15) clock hours of class time is considered the
equivalent of one (1) credit. Credits earned for Professional
Growth activities will be calculated in the same manner as
in-service credits.
9.2 Acceptable Grades
9.2.1All grades for college-level credit submitted
for a Professional Growth Program must be a grade that
earns a "C" or better from the granting institution. In the case
of credits earned on a pass-fail basis, a grade of pass is
acceptable.
9.3 Acceptable Credits
9.3.1Credits for the Professional Growth Programs
(B+15, B+30, M+15, M+30, M+45) shall be earned after the
Bachelor's degree has been conferred. They may be
graduate, undergraduate, or in-service. CEUs from
regionally accredited colleges can also be used (1 CEU = 10
clock hours = 2/3 semester hour)
9.3.2Up to nine (9) Individual Professional Growth
credits may be counted from theB+15 through the M+45.
9.3.3Undergraduate and graduate credits must be
earned at regionally accredited institutions of higher
learning. Any credits not counted toward a graduate degree
shall be counted in the B+15, B+30, M+15, M+30, M+45
programs.
9.3.4Undergraduate, in-service, and Individual
Professional Growth credits shall have the prior approval of
the employing local district superintendent/designee before
submission to the State Office of Certification. These credits
shall be relevant and usable to the applying employee.
9.3.5For Trade and Industry teachers, a Bachelor's
degree equivalent shall be two years of college and six years
of work experience, 14 Del. C., § 1301.
9.4 Salary Increment: An applicant shall hold a
Delaware Standard or Limited Standard license before a
Professional Growth Program salary increment can be
approved.
9.5 Admittance to Graduate School: Applicants for a
Professional Growth Program need not be admitted to a
graduate school in order to have graduate level courses
accepted for these programs.
9.6 Acceptable Professional Degrees
9.6.1Professional degrees earned in areas other than
professional education will not be accepted for the
Professional Growth Program unless the degree is directly
related to an area of specialty in which the individual is
employed.
9.6.2To be counted for the Professional Growth
Program, a degree for any individual involved in instruction,
curriculum, or the supervision of instruction must be a
degree in professional education.
9.6.3Individual courses in any area may be
considered for acceptance in the Professional Growth
Program upon receipt of a written rationale from the
applicant with an endorsement by his/her local employing
school district superintendent.
9.7 Usable Credits: All credits and programs to be
accepted for the Professional Growth Program/state
supported salary increments shall be relevant and usable to
the professional school employee and may be approved or
disapproved by the local employing school district
superintendent.
9.8 Excess Graduate Level Credits: Graduate level
credits earned after a Bachelor's degree or before earning a
Master's degree may be used in the B+15 and the B+30
Professional Growth Programs so long as the same credit is
used only one time. Credits earned in excess of those
required for the Master's degree by the granting institution
can be used in a M+15, M+30 and M+45 Professional
Growth Program.
9.9 Effective Date of Salary Adjustment
9.9.1The salary adjustment shall be made after the
evaluation and approval of the candidate's application by the
State Office of Certification. The adjustment will be
authorized to be made retroactive to the first of the month
following the date certified by transcript, official grade slip,
or approved in-service slip, as to when the program or credit
was completed.
9.9.2Retroactive salary adjustment may be by a
single payment or by payments divided equally among all
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PROPOSED REGULATIONS 1049
the pay periods remaining in a current fiscal year as may be
determined by the district or state fiscal officers.
9.10Appeals Committee: A committee shall be called to
review and make recommendations regarding an appeal that
may result as these rules are administered. Thecommittee
shall include the following: One (1) representative from the
professional organization which represents the applicant,
One (1) staff member from the Department of Education;
and one (1) representative from the Chief School Officers
organization.
9.11Application Procedures
9.11.1The applicant shall secure the proper form
from the local school district office, complete the form, and
to return it to his/her school district office for transmittal to
the State Office of Certification.
9.11.2The applicant shall arrange for the
appropriate authority or institution to provide verification, if
needed, regarding graduate level of courses or any other
information that might be needed to support his/her
application for the Professional Growth Program.
9.11.3Application for evaluation shall not be
submitted prior to the completion of the Professional Growth
Program.
9.11.4A salary increment for the current fiscal year
(July 1 - June 30) based upon approval of the application
must be received in the State Office of Certification by June
1. This cut-off date is necessary to allow adequate time for
evaluation and notification to the district payroll office for
salary adjustment. Applications received after this date will
be approved effective the first day in the new fiscal year. No
salary credit shall be retroactive into a prior fiscal year.
10.0Certification/National Board of Professional Teaching
Standards
10.1To be eligible to apply for national board
certification (and, therefore, for the award) an individual
shall:
10.1.1Hold a baccalaureate degree from a
regionally-accredited institution of higher education.
10.1.2Verify the completion of at least three years
of successful, full-time experience teaching in one or more
elementary, middle-level, and/or secondary schools.
Substitute teaching does not count for this experience.
10.1.3Be currently employed in a Delaware public
school.
10.2Application Procedures
10.2.1By a date prescribed each year, teachers
interested in applying for national certification shall request,
complete, and return an Award Application to the State
Office of Certification. If more than fifteen (15) applications
are received in any given year, a total of fifteen applicants to
receive the awards will be chosen by lottery.
10.2.2The applicant shall complete the forms and
return them to the State Office of Certification by the annual
deadline for processing and submission to the National
Board. The application for national board certification shall
be completed in full and returned before the individual can
obtain the award specified in this policy.
10.2.3The application for national board
certification and the $500.00 initial application fee shall be
sent from the State Office of Certification directly to the
National Board for Professional Teaching Standards.
10.2.4As bills are sent to the teacher by the NBPTS
for additional application fees and related costs up to a total
of $2,000.00, the teacher will forward the bills to the Office
of Professional Standards and Certification for payment to
the National Board.
10.2.5A teacher may receive an award only one
time for working toward nationalcertification in a particular
field/level.
10.2.6Should a teacher/applicant be involved in
another national board certification program like the
Princeton Project, which also pays part of the fees for the
national certification, this program will pay the other part of
the fees and related costs up to the total of $2,000.00 for all
support.
10.2.7The Documents that shall be submitted to
complete the application and reporting process include the
Award Application and the NBPTS Application.
10.3Salary Adjustment: School district personnel
offices shall verify for the State Office of Certification
completion of national board certification by any teacher
paid under 14 Del.C. §1305.
11.0 Alternative Routes To Certification Program For
Secondary Teachers
11.1Eligibility for Participation in Program is defined in
14 Del.C. §1260.
11.2Candidates employed for secondary teaching
positions who do not meet the certification requirements for
a limited standard or standard Delaware certificate and who
do not meet the criteria will be issued a one-year temporary
certificate and will be required to meet the Delaware
certification requirements for the area in which they are
teaching.
11.3School districts or charter schools employing a
secondary-level candidate for the alternative routes program
must meet the criteria set forth in 14 Del.C. §1260.
11.4The Alternative Routes to Certification Program
shall be offered in three interrelated but distinct components
- a summer institute of intensive study, a practicum
experience the first year of teaching, and seminars in
teaching during and immediately following the first year of
teaching.
11.4.1A summer institute of approximately 120
instructional (clock) hours completed by the candidate prior
to the beginning of his/her teaching assignment. This
includes an orientation to the policies, organization and
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1050 PROPOSED REGULATIONS
curriculum of the employing school district or Charter
School, instructional strategies and classroom management
and adolescent development.
11.4.1.1Candidates employed too late to
participate in the summer institute will complete the
practicum experience and seminars on teaching during the
first school year and will participate in the summer institute
following their first year of teaching.
11.4.2A one-year, full-time practicum experience
which includes a period of intensive on-the-job mentoring
and supervision beginning the first day in which the
candidate assumes full responsibility for a classroom and
continuing for a period of thirty (30) weeks.
11.4.3Seminars on Teaching that provide
alternative routes to certification teachers with
approximately 120 instructional (clock) hours during the
first year of their teaching assignment and during a one week
intensive seminar the following summer.
11.4.4Mentoring Support: Mentoring support shall
be carried out in accordance with Section 1261 (b) (2) (3) of
14 Del. C.
11.4.5Evaluation/Supervision: Evaluation/
supervision shall be conducted as per Section 1261 (b) (2)
(3) of 14 Del. C.
11.5 Program Evaluation: Those responsible for
alternative routes to certification programs approved by the
State Office of Certification shall develop a program
evaluation process. The focus of the program evaluation
must be to demonstrate the degree to which teachers who
complete the program are effective in the classroom.
1505 Professional Growth Programs (Effective through
6/30/03 only)
1.0 Content: This regulation shall apply to professional
growth programs for educators, pursuant to 14 Del. C. §
1305.
2.0 Definitions: The following words and terms, when used
in this regulation, shall have thefollowing meaning unless
the context clearly indicates otherwise:
"Department" means the Delaware Department of
Education.
"Graduate level course" means any course to be used
herein which is offered at a regionally accredited college or
university that is considered graduate level at that institution.
"Individual professional growth credits" means
individual activities (i.e., projects, travel, and work
experience) which contribute to the professional growth of
the school employee in his/her assignment.
"In-service credit" means credit offered by school
districts, charter schools, Delaware educationally related
organizations, the Department, or individual professional
growth programs and approved by the state in-service
committee.
3.0 Three (3) in-service credits will be allowed for each
activity, for a maximum of nine (9) individual professional
growth credits. Individual professional growth credits must
have the prior approval of the Department and the local
employing school district superintendent or charter school
principal. A written evaluation report by the individual
earning the credit shall be required at the conclusion of the
activity.
3.1 Credit Calculation: All credits must be expressed in
terms of semester hours. College or university credits
expressed in quarter hours and approved CEUs will be
converted to semester hours by multiplying the number of
quarter hours by two-thirds. In the case in-service credits,
fifteen (15) clock hours of class time is considered the
equivalent of one (1) credit. Credits earned for professional
growth activities will be calculated in the same manner as inservice
credits.
3.2 Acceptable Grades
3.2.1 All grades for college-level credit submitted
for a professional growth
program must be a grade that earns a "C" or better from the
granting institution. In the case of credits earned on a passfail
basis, a grade of pass is acceptable.
3.3 Acceptable Credits
3.3.1 Credits for the professional growth
programs (B+15, B+30, M+15, M+30, M+45) shall be
earned after the Bachelor's degree has been conferred. They
may be graduate, undergraduate, or in-service. CEUs from
regionally accredited colleges can also be used (1 CEU = 10
clock hours = 2/3 semester hour)
3.3.2 Up to nine (9) individual professional
growth credits may be counted from the B+15 through the
M+45.
3.3.3 Undergraduate and graduate credits must
be earned at regionally accredited institutions of higher
learning. Any credits not counted toward a graduate degree
shall be counted in the B+15, B+30, M+15, M+30, M+45
programs.
3.3.4 Undergraduate, in-service, and individual
professional growth credits shall have the prior approval of
the employing local district superintendent/designee before
submission to the State Office of Certification. These credits
shall be relevant and usable to the applying employee.
3.3.5 For Trade and Industry teachers, a
Bachelor's degree equivalent shall be two years of college
and six years of work experience (14 Del. C., § 1301).
3.4 Salary Increment: An applicant shall hold a
Delaware Standard or Limited Standard license before a
Professional Growth Program salary increment can be
approved.
3.5 Admittance to Graduate School: Applicants for a
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1051
professional growth program need not be admitted to a
graduate school in order to have graduate level courses
accepted for these programs.
3.6 Acceptable Professional Degrees
3.6.1 Professional degrees earned in areas other
than professional education will not be accepted for the
professional growth program unless the degree is directly
related to an area of specialty in which the individual is
employed.
3.6.2 To be counted for the professional growth
program, a degree for any individual involved in instruction,
curriculum, or the supervision of instruction must be a
degree in professional education.
3.6.3 Individual courses in any area may be
considered for acceptance in the professional growth
program upon receipt of a written rationale from the
applicant with an endorsement by his/her local employing
school district superintendent.
3.7 Usable Credits: All credits and programs to be
accepted for the professional growth program/state
supported salary increments shall be relevant and usable to
the professional school employee and may be approved or
disapproved by the local employing school district
superintendent.
3.8 Excess Graduate Level Credits: Graduate level
credits earned after a Bachelor's degree or before earning a
Master's degree may be used in the B+15 and the B+30
professional growth programs so long as the same credit is
used only one time. Credits earned in excess of those
required for the Master's degree by the granting institution
can be used in a M+15, M+30 and M+45 professional
growth program.
3.9 Effective Date of Salary Adjustment
3.9.1 The salary adjustment shall be made after
the evaluation and approval of the candidate's application by
the Office of Professional Accountability. The adjustment
will be authorized to be made retroactive to the first of the
month following the date certified by transcript, official
grade slip, or approved in-service slip, as to when the
program or credit was completed.
3.9.2 Retroactive salary adjustment may be by a
single payment or by payments divided equally among all
the pay periods remaining in a current fiscal year as may be
determined by the district or state fiscal officers.
3.10 Appeals Committee: A committee shall be
called to review and make recommendations regarding an
appeal that may result as these rules are administered. The
committee shall include the following: One (1)
representative from the professional organization which
represents the applicant, One (1) staff member from the
Department; and one (1) representative from the Chief
School Officers organization.
3.11 Application Procedures
3.11.1 The applicant shall secure the proper form
from the local school district office, complete the form, and
to return it to his/her school district office for transmittal to
the Office of Professional Accountability.
3.11.2 The applicant shall arrange for the
appropriate authority or institution to provide verification, if
needed, regarding graduate level of courses or any other
information that might be needed to support his/her
application for the professional growth program.
3.11.3 Application for evaluation shall not be
submitted prior to the completion of the professional growth
program.
3.12 A salary increment for fiscal year 2004 (July 1
- June 30) based upon approval of the application must be
received in the Office of Professional Accountability by June
1. This cut-off date is necessary to allow adequate time for
evaluation and notification to the district payroll office for
salary adjustment. No salary credit shall be retroactive into a
prior fiscal year.
1510 Issuance Of Initial License Issuance Of Initial
License
1.0 Content: This regulation shall apply to the issuance of
an initial license for educators, pursuant to 14 Del. C. §
1210.
2.0 Definitions: The following words and terms, when used
in this regulation, shall have the following meaning unless
the context clearly indicates otherwise:
"Alternative Routes to Licensure and Certification"
means programs approved by the Department of Education
to certify or license candidates who hold bachelors degrees
with a major in a particular content area, but who did not
complete a nationally accredited educator preparation
program.
"Department" means the Delaware Department of
Education.
"Educator" means a public school employee who holds
a license issued under the provisions of 14 Del. C., Chapter
12, and includes teachers and administrators, and as
otherwise defined by the Standards Board and the State
Board, pursuant to 14 Del. C. § 1203, but does not include
substitute teachers.
"Examination of general knowledge" means a
standardized test which measures general knowledge and
essential skills in mathematics or quantitative and verbal
skills, including reading and writing.
"Exigent circumstances" means unanticipated
circumstances or circumstances beyond the educator's
control, including, but not limited to, serious illness of the
educator or a member of his/her immediate family,
activation to active military duty, and other serious
emergencies which necessitate the educator's temporarily
leaving active service.
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1052 PROPOSED REGULATIONS
"Induction" means a required set of activities, including
mentoring and other professional development, in which a
holder of an initial license must engage during the three-year
term of the initial license.
"Jurisdiction" means a state, territory or country.
"License" means a credential which authorizes the
holder to engage in the practice for which the license is
issued.
"Novice applicant" means an applicant who has not
previously held an initial license in Delaware.
"Standard Certificate" means a credential issued to
certify that an educator has the prescribed knowledge, skill
and/or education to practice in a particular area, teach a
particular subject, or teach a category of students.
"Standards Board" means the Professional Standards
Board established pursuant to 14 Del. C. § 1201.
"State Board" means the State Board of Education of
the State pursuant to 14 Del. C. § 104.
"Student teaching program" means a program
accredited by the National Association of State Directors of
Teacher Education and Certification or the National Council
for the Accreditation of Teacher Education, which includes
traditional student teaching programs, or such alternatives as
seemed appropriate to the program, such as supervised
internships or other field based experience recognized as a
required component of the accredited educator preparation
program.
3.0 In accordance with 14 Del. C. § 1210, the Department
shall issue an initial license to a novice applicant who
submits evidence of (1) receipt of a bachelors degree from a
regionally accredited 4-year college or university; (2)
completion of a student teaching program or enrollment in
an Alternative Routes to Licensure and Certification
program, and (3) a passing score on an examination of
general knowledge, such as Praxis I, or such other alternative
as may be established by the Standards Board, with the
approval of the State Board. An initial license shall also be
issued to an applicant currently licensed as an educator in
another jurisdiction or to an applicant who previously held a
valid Delaware standard or professional status certificate
who has been out of the profession for more than three years.
In addition to an initial license, applicants must also apply
for a standard certificate in the particular area, subject, or
category in which they wish to be employed, and must verify
that they possess the prescribed knowledge, skill and/or
education to practice in that area, subject, or category. (See
14 DE Admin. Code 1516).
3.1 An applicant for an initial license shall submit the
approved application form, official transcripts, and official
scores on an examination of general knowledge to the
Department.
3.1.1 Official transcripts shall be forwarded
directly from the issuing institution or by the applicant in an
unopened, unaltered envelope.
3.2 Examination of General Knowledge Requirements
3.2.1 An applicant seeking initial licensure in
Delaware shall provide the Department with official test
scores for one or more of the following tests of essential
skills in reading, writing and mathematics: the PRAXIS I
Tests or such alternatives as set forth in 3.2.4 below.
3.2.2 Scores of Examinations of General
Knowledge.
3.2.2.1 The following minimum passing
scores are required in the areas of reading, writing and
mathematics for each of the examinations of essential skills.
3.2.2.1.1 Pre-professional Skills Test
Taken between 7/1/83 and 10/22/93: reading - 175,
mathematics - 175, writing - 172.
3.2.2.1.2 PRAXIS I - Paper and Pencil
Tests (Tests taken on 10/23/93 and thereafter) and
computerized pre-professional skills tests taken 1/1/02 and
thereafter: reading - 175, mathematics - 174, writing - 173.
3.2.2.1.3 PRAXIS I - Computer Based
Tests (Tests taken between 10/23/93 and 12/31/02): reading
- 322, mathematics - 319, writing - 319.
3.2.3 Individuals holding Delaware certificates
issued prior to July 1, 1983 are exempt from the testing
requirements.
3.2.4 Acceptable alternatives to the PRAXIS I
test scores include:
3.2.4.1 Scores from the California Test of
Basic Skills (CTBS) shall be accepted in lieu of PPST/
PRAXIS I scores if the test was taken as a condition of
meeting certification or licensure requirements in that state
and the scores total 123, with a minimum of at least 37 in
each category.
3.2.4.2 Scholastic Aptitude Tests (SAT)
taken after 4/1/95 and presented for exemption must meet
the scores set forth below due to a re-centering of theSAT.
3.2.4.2.1 A minimum score of 520 on
the SAT Mathematics taken prior to 4/1/95, and a minimum
score of 540 on the SAT Mathematics test taken thereafter
will be accepted as fulfillment of the Praxis I Mathematics
requirement.
3.2.4.2.2 A minimum score of 480 on
the SAT Verbal test taken prior to 4/1/95, and a minimum
score of 560 on the SAT verbal test taken thereafter will be
accepted as fulfillment of the Praxis I reading requirement.
3.2.4.3 Graduate Record Examination (GRE)
scores presented for exemption must meet the scores set
forth below.
3.2.4.3.1 A minimum score of 490 on
the Graduate Record Examination (GRE) Verbal test will be
accepted as fulfillment of the Praxis I reading requirement.
3.2.4.3.2 A minimum score of 540 on
the Graduate Record Examination (GRE) Quantitative test
will be accepted as fulfillment of the Praxis I mathematics
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PROPOSED REGULATIONS 1053
requirement.
3.2.4.4 National Teacher Examination (NTE)
Core Battery Communications Skills with a minimum score
of 670 will be accepted as fulfillment of the Praxis I writing
requirement.
3.2.5 Any Scholastic Aptitude Test (SAT)
scores, Graduate Records Exam (GRE) scores or NTE
Communication Skills scores intended to be used as an
exemption for the PPST/PRAXIS I, shall be submitted
within the same timeline as that required for Praxis I and
scores must pre-date the employment date.
3.2.6 Timeline for Examination of General
Knowledge.
3.2.6.1 An applicant for an initial license
must pass Praxis I or an approved alternative within three (3)
months of the date of employment or by May 1 of the
educator=s first year of employment, whichever is later. An
initial license issued without the passage of Praxis I shall be
suspended on the last day of the school year during which
the license was issued if proof of passage of Praxis I has not
been provided. This suspension shall remain in effect until
the license holder passes Praxis I or until the initial license
expires, whichever first occurs.
3.2.6.2 An applicant in a vocational trade and
industry area must pass Praxis I or an approved alternative
within six (6) years of the date of employment or before the
expiration of the initial license, whichever is later.
3.2.7 There is no limit on the number of times
an individual may take the PPST/PRAXIS I. Once passed, a
section need not be taken again.
3.2.7.1 Passing scores in each area (reading,
writing, mathematics) may be attained in any testing format.
3.2.8 Submission of Scores of Examination of
General Knowledge.
3.2.8.1 Test scores shall be official and sent
directly from Educational Testing Service or other test
vendor to the Department.
3.2.8.2 Unopened, unaltered envelopes
containing PPST/PRAXIS I scores, or scores of acceptable
alternatives, sent to the individual may be accepted as
official. The Department shall determine whether the scores
as presented are acceptable.
3.2.8.3 Direct verification from another State
Department of Education shall be considered as official. An
original of the grade form shall be forwarded directly from
the other State Department to the Department. This method
will be accepted only when official test scores from
Educational Testing Service are not available.
4.0 An initial license is valid for three (3) years, unless
revoked, and may not be renewed. Notwithstanding the
foregoing, an initial license issued to an applicant in a
vocational trade and industry area is valid for up to six (6)
years to provide time for completion of specified college
level course work required for certification.
4.1 During the term of the initial license, license
holders are required to participate in mentoring and other
prescribed professional development activities offered by the
Department and by the school district or charter school in
which they are employed.
5.0 Applicants with foreign credentials.
5.1 Applicants graduating from foreign institutions
shall provide an analysis of the degree equivalency, along
with all other required application materials, which shall be
reviewed by the Department.
6.0 The Department may extend an initial license for a
period not to exceed one (1) year, exigent circumstances
warranting the necessity of such extension.
7.0 An educator may take a leave of absence of up to three
(3) years with no effect upon the validity or expiration of the
initial license.
8.0 An applicant shall disclose his or her criminal
conviction history upon application for an initial license.
Failure to disclose a criminal conviction history is grounds
for denial or revocation of an initial license as specified in 14
Del. C. § 1219.
9.0 This regulation shall apply to all requests for issuance
of an initial license, except as specifically addressed herein.
9.1 Educators whose applications for certification in
Delaware were received prior to May 15, 2003, and whose
applications and credentials have been reviewed by the
Department and resulted in the issuance of an evaluation or
prescription letter shall be required to meet the General
Regulations for Certification of Professional Public School
Personnel and the Specific Regulations as adopted for
certification effective July 1, 1993.
9.2 Educators employed on a Limited Standard
Certificate shall continue on that certificate until the
requirements specified are met or the certificate expires,
whichever comes first. In no case shall a Limited Standard
Certificate be valid after July 1, 2006.
1513 Denial Of Licenses
1.0 Content: This regulation shall apply to the denial of an
initial license, continuing license and/or advanced license for
educators, pursuant to 14 Del. C. § 1217.
2.0 Definitions: The following words and terms, when used
in this regulation, shall have the following meaning unless
the context clearly indicates otherwise.
"Advanced license" means a license issued as part of
the three-tiered licensure system set forth in 14 Del. C. §
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1054 PROPOSED REGULATIONS
1213 and § 1214.
"Department" means the Delaware Department of
Education.
"Continuing license" means a license issued as part of
the three-tiered licensure system set forth in 14 Del. C. §
1211 and §1212.
"Good moral character" means conduct which is
consistent with the rules and principles of morality expected
of an educator.
"Immorality" means conduct which is inconsistent
with the rules and principles of morality expected of an
educator and may reasonably be found to impair an
educator's effectiveness by reason of his or her unfitness or
otherwise.
"Initial license" means a license issued as part of the
three-tiered licensure system set forth in 14 Del. C. § 1210.
"Secretary" means the Secretary of the Delaware
Department of Education.
"Standards Board" means the Professional Standards
Board established pursuant to 14 Del. C. § 1205.
"State" means the State of Delaware.
"Unfit" means lack of good moral character,
misconduct in office, incompetence, wilful neglect of duty,
disloyalty or falsification of credentials.
3.0 Upon a finding that an applicant is unfit to be licensed in
the State, the Department may refuse to issue an initial
license, continuing license or an advanced license to an
applicant who otherwise meets the requirements set forth in
14 DE Admin. Code 1510, 1511, and 1512.
3.1 The Secretary shall give written notice to the
applicant of the denial and the reasons therefore. The notice
of denial shall be sent by certified mail and shall give notice
that a full and fair hearing may be requested before the
Standards Board within thirty (30) days.
3.2 An applicant who is denied an initial, continuing, or
advanced license may appeal the decision, and is entitled to a
full and fair hearing before the Standards Board. Hearings
shall be conducted in accordance with the Standard Board's
Hearing Procedures and Rules.
4.0 Notwithstanding any other provisions stated herein or in
14 DE Admin. Code 1510, 1511, and 1512, no license shall
be issued to an applicant for an initial, continuing or
advanced license if:
4.1 There is legal evidence that the applicant is not of
good moral character; or
4.2 The applicant has had a certificate or license
revoked in another state for immorality, misconduct in
office, incompetence, willful neglect of duty, disloyalty or
falsification of credentials.
1514 Revocation Of Licenses
1.0 Content: This regulation shall apply to the revocation of
an initial license, continuing license and/or advanced license
for educators, pursuant to 14 Del. C. § 1218.
2.0 Definitions: The following words and terms, when used
in this regulation, shall have the following meaning unless
the context clearly indicates otherwise:
"Advanced license" means a license issued as part of
the three-tiered licensure system set forth in 14 Del. C. §
1213 and 1214.
"Continuing license" means a license issued as part of
the three-tiered license system set forth in 14 Del. C. § 1211
and 1212.
"Department" means the Delaware Department of
Education.
"Dismissal" means (1) dismissal by a school board or
board of directors where the license holder is employed by a
public school district or a charter school for immorality,
misconduct in office, incompetency, willful neglect of duty
or disloyalty; or (2) the license holder's voluntary
resignation of employment in the face of disciplinary action
for immorality; or (3) the license holder's conviction of a
crime which is evidence of immorality.
"Educator" means a public school employee who holds
a license issued under the provisions of 14 Del. C., Chapter
12, and includes teachers and administrators, and s otherwise
defined by the Standards Board and the State Board pursuant
to 14 Del. C., § 1203, but does not include substitute
teachers.
"Immorality" means conduct which is inconsistent
with the rules and principles of morality expected of an
educator and may reasonably be found to impair an
educator"s effectiveness by reason of his or her unfitness or
otherwise.
"Initial license" means a license issued as part of the
three-tiered licensure system set forth in 14 Del. C. § 1210.
"License holder" or "licensee" means any individual
who holds an initial license, continuing license and/or
advanced license, and until a continuing license is issued, a
limited standard, standard, or professional status certificate.
"Secretary" means the Secretary of the Delaware
Department of Education.
"Standards Board" means the Professional Standards
Board established pursuant to 14 Del. C. § 1205.
"State" means the State of Delaware.
3.0 An initial, continuing or advanced license may be
revoked upon the dismissal of the license holder for
immorality, misconduct in office, incompetency, willful
neglect of duty or disloyalty, and must be revoked upon a
finding that the license holder made a materially false or
misleading statement in his or her license application.
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PROPOSED REGULATIONS 1055
3.1 Revocation Requested by a School District
3.1.1 When any license holder is dismissed by a
school board or board of directors for immorality, the board
making such a determination pursuant to 14 Del. C. shall,
upon final decision, give written notice to the Secretary of its
desire to request the revocation of that individual's license.
3.1.2 When any license holder is dismissed by a
school board or board of directors for misconduct in office,
incompetence, willful neglect of duty or disloyalty, the board
making such a determination pursuant to 14 Del. C. may,
upon final decision, give written notice to the Secretary of its
desire to request the revocation of that individual's license.
3.1.3 When a license holder employed by a
school board or board of directors voluntarily resigns in the
face of disciplinary action for immorality and an
investigation has been initiated by the school board or board
of directors, the board shall, upon accepting the resignation,
give written notice to the Secretary.
3.1.4 Upon receipt of written notification from
the school board or board of directors, the Secretary shall
give written notice to the license holder of the intended
revocation and the reasons therefore. The notice of
revocation shall be sent by certified mail and shall give
notice that a full and fair hearing may be requested before
the Standards Board within thirty (30) days. Hearings shall
be conducted in accordance with the Standard Board's
Hearing Procedures and Rules.
3.1.5 If the licensee fails to request a formal
hearing before the Standards Board within thirty (30) days of
the notice of revocation, the Secretary shall send written
notification by certified mail to the individual revoking his/
her license.
3.2 Revocation by the Secretary of Education
3.2.1 The Secretary may initiate proceedings to
revoke a license holder's license when she/he has good
reason to believe that any of the following circumstances
exist:
3.2.1.1 The license holder has been convicted
of a crime which is evidence of immorality;
3.2.1.2 The license holder who is not
employed by a public school district or charter school has
voluntarily resigned his/her employment in the face of an
open investigation for immorality; or
3.2.1.3 The license holder has had a
certificate or license revoked in another state for immorality,
misconduct in office, incompetency, willful neglect of duty
or disloyalty or falsification of credentials.
3.2.2 The Secretary shall give written notice to
the license holder of the intended revocation and the reasons
therefor. The notice of revocation shall be sent by certified
mail and shall give notice that a full and fair hearing may be
requested before the Standards Board within thirty (30) days.
Hearings shall be conducted in accordance with the Standard
Board's Hearing Procedures and Rules.
3.2.3 If the licensee fails to request a formal
hearing before the Standards Board within thirty (30) days of
the notice of revocation, the Secretary shall send written
notification by certified mail to the individual revoking his/
her license.
4.0 Duty of license holder to report.
4.1 Notwithstanding any other provisions stated herein,
a license holder shall send written notification to the
Secretary within thirty (30) days of the happening of any of
the following events:
4.1.1 The license holder is dismissed by a
school board or board of directors for immorality;
4.1.2 The license holder voluntarily resigns
employment in the face of disciplinary action for immorality
and/or an open investigation for immorality;
4.1.3 The license holder is convicted of a crime
which is evidence of immorality; or
4.1.4 The license holder has had a certificate or
license revoked in another state for immorality, misconduct
in office, incompetency, willful neglect of duty, disloyality
or falsification of records.
4.2 The failure of the license holder to report any of the
above events to the Secretary of Education shall be grounds
for revoking a license.
1515 Emergency Certificate
1.0 Content: This regulation shall apply to the issuance of
an emergency certificate, pursuant to 14 Del. C. § 1221.
2.0 Definitions: The following words and terms, when used
in this regulation, shall have the following meaning unless
the context clearly indicates otherwise:
"Certified" means holding a certificate in a specific
content area at designated grade levels.
"Department" means the Delaware Department of
Education.
"Emergency certificate" means a certificate issued to an
educator who holds a valid Delaware initial, continuing, or
advanced license, but lacks necessary skills and knowledge
to meet certification requirements in a specific content area.
"Employing district" means a school district or charter
school that proposes to employ an educator under an
emergency certificate.
"Satisfactory evaluation" means an overall rating of
"basic" or higher on an annual DPAS summative evaluation.
"Standard certificate" means a credential issued to
verify that an educator has the prescribed knowledge, skill
and/or education to practice in a particular area, teach a
particular subject, or teach a category of students.
3.0 Upon request from the employing district, the
Department may issue an emergency certificate, valid for up
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1056 PROPOSED REGULATIONS
to three years, to an educator who holds a valid Delaware
initial, continuing, or advanced license, but who is not
eligible for certification in the area of need. An emergency
certificate may not be renewed.
3.1 In its request for the issuance of an emergency
certificate, the employing district must:
3.1.1 Document its efforts to hire a certified
educator by supplying the Department with copies of job
postings, recruitment efforts, and advertisements.
3.1.2 provide evidence that the vacancy cannot
be filled by a certified educator by reassigning an educator
already in the district's employ.
3.1.3 Establish that the proposed recipient of an
emergency certificate is competent by submitting evidence
of the educator's license and other qualifications which the
employing district applied in determining the proposed
recipient's competence.
3.1.4 Set forth a written plan to support and
assist the proposed recipient in achieving the skills and
knowledge necessary to meet the applicable certification
requirements.
3.2 Failure by the employing district to fulfill the
conditions set forth in 3.1 above will result in denial of the
emergency certificate.
4.0 At the end of each school year during which an
emergency certificate is in effect,
the employing district shall file a status report with the
Department, which shall:
4.1 Establish that the recipient of the emergency
certificate has demonstrated competence through receiving a
satisfactory evaluation on the Delaware Performance
Appraisal System.
4.2 Document the progress made by the recipient of the
emergency certificate toward fulfilling the plan established
by the employing district to meet the applicable certification
requirements.
4.3 Failure by the employing district to fulfill the
conditions set forth in 4.1 and 4.2 above will result in
suspension of the emergency certificate.
5.0 Prior to the expiration of an emergency certificate, the
recipient must meet the requirements for issuance of a
standard certificate (See 14 DE Admin. Code 1516).
1516 Standard Certificate
1.0 Content: This regulation shall apply to the issuance of a
standard certificate, pursuant to 14 Del. C. ' 1220.
2.0 Definitions: The following words and terms, when used
in this regulation, shall have the following meaning unless
the context clearly indicates otherwise:
ACertified@ means holding a certificate in a specific
content area at designated grade levels.
ACertification@ means the issuance of a certificate,
which may occur regardless of a recipient=s assignment or
employment status.
ADepartment@ means the Delaware Department of
Education.
"Educator" means a public school employee who holds
a license issued under the provisions of 14 Del. C., Chapter
12, and includes teachers and administrators, and as
otherwise defined by the Standards Board and the State
Board pursuant to 14 Del. C., § 1203, but does not include
substitute teachers.
AExamination of content knowledge@ means a
standardized test which measures knowledge in an specific
content area.
ALicense@ means a credential which authorizes the
holder to engage in the practice for which the license is
issued.
AStandard Certificate@ means a credential issued to
certify that an educator has the prescribed knowledge, skill
and/or education to practice in a particular area, teach a
particular subject, or teach a category of students.
A Standards Board@ means the Professional Standards
Board established pursuant to 14 Del. C. ' 1201.
AState Board@ means the State Board of Education of
the State pursuant to 14 Del. C. ' 104.
3.0 The Department shall issue a standard certificate to an
educator who holds a valid Delaware initial, continuing, or
advanced license who has acquired the prescribed
knowledge, skill and/or education to practice in a particular
area, to teach a particular subject or to instruct a particular
category of students. Educators may hold certificates in
more than one area.
3.1 An educator may document the acquisition of the
prescribed knowledge, skill and/or education to practice in a
particular area, to teach a particular subject or to instruct a
particular category of students by achieving a passing score
on an examination of content knowledge, such as Praxis II.
This section is subject to the establishment of passing scores
for Praxis II examinations by the Department, and their
approval by the Professional Standards Board, with
concurrence from the State Board of Education.
3.1.1 National Board for Professional Teaching
Standards in the area, subject, or category in which the
standard certificate is to be issued will be accepted in lieu of
a passing score on Praxis II.
3.1.2 In areas, subjects or categories where an
examination of content knowledge is neither available nor
applicable, the applicant must meet the requirements set
forth in the relevant Department regulation governing the
issuance of a standard certificate in the area for which a
standard certificate is sought.
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PROPOSED REGULATIONS 1057
4.0 An applicant for a standard certificate shall submit
evidence of (1) receipt of a bachelors degree from a
regionally accredited 4-year college or university; (2)
official transcripts and, if applicable, official scores on the
Praxis II examination or a notarized copy of the National
Board for Professional Teaching Standards Certificate. If
applied for simultaneously with application for an initial
license, the applicant shall provide all required
documentation for that application in addition to the
documentation cited above.
4.1 If an applicant holds a valid initial, continuing, or
advanced Delaware license and is requesting additional
standard certificates, only that documentation necessary to
demonstrate acquisition of the prescribed knowledge, skill
and/or education required for the additional standard
certificate requested is required.
5.0 This regulation shall apply to all requests for issuance of
a standard certificate, except as specifically addressed
herein. Educators holding a Professional Status Certificate
or a Standard Certificate issued on or before May 15, 2003
shall be issued a Standard Certificate for each area in which
they held a Professional Status Certificate or a Standard
Certificate. The Department shall also recognize a limited
standard certificate issued prior to May 15, 2003, provided
that the educator successfully completes the requirements set
forth in the limited standard certificate. Requirements must
be completed by the expiration date of the limited standard
certificate.
6.0 A standard certificate is valid regardless of the
assignment or employment status of the holder of a
certificate or certificates, and is not subject to renewal. It
may be revoked in accordance with 14 DE Admin. Code
1514.
1519 Alternative Routes To Teacher Licensure And
Certification Program
1.0 Content: This regulation shall apply to the alternative
routes to licensure and certification program, pursuant to 14
Del. C. §§ 1260 through 1264.
2.0 Definitions: The following words and terms, when used
in this regulation, shall have the following meaning unless
the context clearly indicates otherwise:
"Department" means the Delaware Department of
Education.
"Educator" means a public school employee who holds
a license issued under the provisions of 14 Del. C., Chapter
12, and includes teachers and administrators, and as
otherwise defined by the Standards Board and the State
Board pursuant to 14 Del. C., § 1203, but does not include
substitute teachers.
"Emergency certificate" means a certificate issued to
an educator who holds a valid Delaware initial, continuing,
or advanced license, but lacks necessary skills and
knowledge to meet certification requirements in a specific
content area.
"Examination of general knowledge" means a
standardized test which measures general knowledge and
essential skills in mathematics or quantitative and verbal
skills, including reading and writing.
"Initial license" means the first license issued to an
educator that allows an educator to work in a position
requiring a license in a Delaware public school.
"Secretary" means the Secretary of the Delaware
Department of Education.
"Standard certificate" means a credential issued to
verify that an educator has the prescribed knowledge, skill
and/or education to practice in a particular area, teach a
particular subject, or teach a category of students.
"Standards Board" means the Professional Standards
Board established pursuant to 14 Del. C. § 1201.
"State Board" means the State Board of Education of
the State pursuant to 14 Del. C. § 104.
3.0 Candidates seeking participation in the alternative
routes for teacher licensure and certification program shall
be issued an initial license and a standard or emergency
certificate or certificates of no more than three years
duration. Candidates must:
3.1 hold a bachelor's degree from an accredited college
or university in a major appropriate to the instructional field
they desire to teach;
3.2 pass an examination of general knowledge, such as
PRAXIS I, or provide an acceptable alternative to the
PRAXIS I test scores, as set forth in DE. Admin. Code 1510.
3.3 obtain an acceptable health clearance and an
acceptable criminal background check clearance
3.4 obtain and accept an offer of employment in a
position that requires licensure and certification.
4.0 The Alternative Routes to Teacher Licensure and
Certification Program shall consist of three interrelated but
distinct components - a summer institute of intensive study,
a practicum experience the first year of teaching, and
seminars in teaching during and, immediately following, the
first year of teaching.
4.1 A summer institute of approximately 120
instructional (clock) hours completed by the candidate prior
to the beginning of his/her teaching assignment. This
includes an orientation to the policies, organization and
curriculum of the employing school district or charter
school, instructional strategies and classroom management
and adolescent development.
4.2 Candidates employed too late to participate in the
summer institute will complete the practicum experience and
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1058 PROPOSED REGULATIONS
seminars on teaching during the first school year and will
participate in the summer institute following their first year
of teaching.
4.3 A one-year, full-time practicum experience which
includes a period of intensive on-the-job mentoring and
supervision beginning the first day in which the candidate
assumes full responsibility for a classroom and continuing
for a period of thirty (30) weeks.
4.4 Seminars on teaching that provide alternative routes
to licensure and certification teachers with approximately
120 instructional (clock) hours during the first year of their
teaching assignment and during a one week intensive
seminar the following summer.
4.5 Mentoring Support: Mentoring support shall be
carried out in accordance with Section 1261 (b) (2) and (3)
of 14 Del. C.
4.6 Evaluation/Supervision: Evaluation/supervision
shall be conducted as per Section 1261 (b) (2) (3) of 14 Del.
C.
5.0 Program Evaluation: Those responsible for alternative
routes to certification programs approved by the Standards
Board and the State Board shall develop a program
evaluation process. The focus of the program evaluation
must be to demonstrate the degree to which teachers who
complete the program are effective in the classroom.
6.0 The Secretary may implement other alternative routes to
teacher licensure and certification programs, provided the
programs meet the minimum criteria set forth in this
regulation.
1520 Substitute Teacher
1.0 Content: This regulation shall apply to the issuance of a
license for substitute teachers, pursuant to 14 Del. C. § 1230.
2.0 Definitions: The following words and terms, when used
in this regulation, shall have the following meaning unless
the context clearly indicates otherwise:
"Educator" means a public school employee who holds
a license issued under the provisions of 14 Del. C., Chapter
12, and includes teachers and administrators, and as
otherwise defined by the Standards Board and the State
Board pursuant to 14 Del. C., § 1203, but does not include
substitutes.
"License" means a credential which authorizes the
holder to engage in the practice for which the license is
issued.
"Secretary" means the Secretary of the Delaware
Department of Education.
"Substitute" means an individual who serves on a dayto-
day or long-term basis in a class in the absence of the
educator.
3.0 Substitute Teacher (14 Del. C. § 1230)
3.1 Classifications for substitute licenses.
3.1.1 Class A: A Class A license may be issued
to an applicant who holds a valid Delaware teacher's license
or such a license that has expired. The applicant is not
required to take refresher courses for issuance of a
substitute's license.
3.1.2 Class B: A Class B license may be issued
to an applicant with or without a bachelor's degree who
meets at least the requirements for an emergency certificate
as set forth in 14 Del. C. §§ 1313 and 1315.
3.1.3 Class C: A Class C license may be issued
to an applicant who is not eligible for either Class A or Class
B licensure but who is recommended to the Secretary by the
chief school officer of a Delaware school district or charter
school.
3.1.4 Class D: A Class D license may be issued
to an applicant who is eligible for, or holds, a Class A, B, or
C license, but who prefers on a given date to perform
substitute teaching assignments as a volunteer worker, or at a
wage rate to be determined by the Board of Education of the
employing school district.
3.2 A school district or charter school may employ a
retired teacher to be a substitute teacher within that district or
charter school. Such employment shall not decrease nor
increase, nor adversely affect, the retired person's pension.
3.2.1The retired teacher will be paid regular
substitute teacher pay.
4.0 An applicant shall disclose his or her criminal
conviction history upon application for a license as a
substitute teacher. Failure to disclose a criminal conviction
history is grounds for denial or revocation of a substitute
teacher license as specified in 14 Del. Code, § 1219.
5.0 An applicant shall obtain an acceptable health clearance.
PROFESSIONAL STANDARDS BOARD
Educational Impact Analysis Pursuant To 14 Del. C.
Section 122 (D)
302 Certification Administrative- Superintendent
304 Certification Administrative - Assistant
Superintendent for Curriculum
311 Certification Administrative - Elementary School
Principal or Assistant Principal
312 Certification Administrative - Secondary School
Principal or Assistant Principal
313 Certification Administrative - Principal of a School
for Children with Disabilities
1535 Certification Administrative - Administrative
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1059
Assistant
1536 Certification Administrative - Director
1538 Certification Administrative - Supervisor
A. Type Of Regulatory Action Requested
Amendment to Existing Regulation
B. Synopsis Of Subject Matter Of Regulation
The Professional Standards Board in cooperation and
collaboration with the Department of Education seeks the
approval of the State Board of Education to amend the
following regulations:
302 Certification Administrative - Superintendent
304 Certification Administrative - Assistant
Superintendent for Curriculum
311 Certification Administrative - Elementary School
Principal or Assistant Principal
312 Certification Administrative - Secondary School
Principal or Assistant Principal
313 Certification Administrative - Principal of a School
for Children with Disabilities
1535 Certification Administrative - Administrative
Assistant
1536 Certification Administrative - Director
1538 Certification Administrative - Supervisor
It is necessary to amend these regulations in order to
comply with changes in statute regarding the licensure and
certification of educators. Further, by amending these
regulations, the number of regulations will be reduced from
eight to three, thereby furthering the goal of reducing the
number and complexity of regulations. These regulations
were previously published in the October, 2002, Register of
Regulations. Comments received during the public
comment period of the previous publication of these
regulations have been addressed. Principal of an adult
education program has been removed. These regulations
address only pK-12 schools and do not address adult
education programs. Concerns about special qualifications
for principals of schools for exceptional children have also
been addressed.
Regulations 311 Certification Administrative -
Elementary School Principal or Assistant Principal, 312
Certification Administrative - Secondary School Principal
or Assistant Principal, and 313 Certification Administrative
- Principal of a School for Children with Disabilities will be
amended by deleting them in their entirety and replacing
them with regulation 1530 Certification Administrative -
School Principal. This amended regulation is aligned with
the Delaware Administrator Standards and acknowledges the
core of skills and knowledge required for school leaders.
The amended regulation also reflects current research in
school leadership and is consistent with leader training and
preparation programs being delivered and/or developed in
the State of Delaware.
Regulations 1535 Certification Administrative -
Administrative Assistant, 1536 Certification Administrative
- Director, and 1538 Certification Administrative -
Supervisor will be amended by deleting them in their
entirety and replacing them with regulation 1531
Certification Administrative - School Leader I.. This
amended regulation is aligned with the Delaware
Administrator Standards and acknowledges the core of skills
and knowledge required for school leaders. The amended
regulation also reflects current research in school leadership
and is consistent with leader training and preparation
programs being delivered and/or developed in the State of
Delaware. Further, the amended regulation acknowledges
the expanded skill and knowledge required at a broader level
than the school building level.
Regulations 302 Certification Administrative -
Superintendent and 304 Certification Administrative -
Assistant Superintendent for Curriculum will be amended by
deleting them in their entirety and replacing them with
regulation 1532 Certification Administrative - School
Leader II. This amended regulation is aligned with the
Delaware Administrator Standards and acknowledges the
core of skills and knowledge required for school leaders.
The amended regulation also reflects current research in
school leadership and is consistent with leader training and
preparation programs being delivered and/or developed in
the State of Delaware. Further, the amended regulation
acknowledges the expanded and deeper skill and knowledge
required to exercise leadership as a chief school officer or
assistant.
C. Impact Criteria
1. Will the amended regulations help improve student
achievement as measured against state achievement
standards? The amended regulations address student
achievement by educational leaders support and lead
Delaware educators and establish and sustain positive
environments which encourage high student achievement.
2. Will the amended regulations help ensure that all
students receive an equitable education? The amended and
new regulations helps to ensure that all school administrators
hired to lead buildings or districts meet high standards for
certification.
3. Will the amended regulations help to ensure that all
students' health and safety are adequately protected? The
amended regulations address educator certification.
Regulations concerning high standards and appropriate
credentials and training for school leaders help to ensure that
all students' health and safety are adequately protected.
4. Will the amended regulations help to ensure that all
students' legal rights are respected? The amended
regulations address school leader certification, not students'
legal rights. Appropriate credentials and training for school
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1060 PROPOSED REGULATIONS
leaders will help to ensure that all students' legal rights are
respected.
5. Will the amended regulations preserve the
necessary authority and flexibility of decision makers at the
local board and school level? The amended regulations will
preserve the necessary authority and flexibility of decision
makers at the local board and school level. By reducing the
number and complexity of the regulations, decision makers
at the local board and school level will have greater authority
and flexibility.
6. Will the amended regulations place unnecessary
reporting or administrative requirements or mandates upon
decision makers at the local board and school levels? The
amended regulations will not place unnecessary reporting or
administrative requirements or mandates upon decision
makers at the local board and school levels.
7. Will decision making authority and accountability
for addressing the subjects to be regulated be placed in the
same entity? The decision-making authority and
accountability for addressing the subjects to be regulated
rests with the Professional Standards Board, in collaboration
and cooperation with the Department of Education, and with
the consent of the State Board of Education.
8. Will the amended regulations be consistent with,
and not an impediment to, the implementation of other state
educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies? The amended regulations will be consistent with,
and not an impediment to, the implementation of other state
educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies.
9. Is there a less burdensome method for addressing
the purpose of the amended regulations? 14 Del. C. requires
that we promulgate these regulations.
10. What is the cost to the state and to the local school
boards of compliance with the amended and new
regulations? There is no additional cost to local school
boards for compliance with the regulations.
311 Certification Administrative - Elementary School
Principal Or Assistant Principal
Effective July 1, 1993
1.0 The following shall be required for the Standard License
for the principal of a building containing any combination of
grades K-8 designated as an elementary school, and is valid
for a principal of a middle level school.
1.1 Degree required
1.1.1Master's degree from a regionally accredited
college and,
1.2 Experience
1.2.1A minimum of three years of successful,
full-time classroom teaching experience at the elementary
level or two years of elementary classroom teaching
experience, as specified, and a one-year internship in
Administration at the elementary level and,
1.3 Specialized Professional Preparation
1.3.1Master's degree from a regionally accredited
college with an approved program in Elementary School
Administration and,
1.3.2A minimum of three semester hours in each of
the following areas:
1.3.2.1Child Development
1.3.2.2Methods of Teaching Reading at the
elementary level
1.3.2.3Methods of Teaching Mathematics at
the elementary level or,
1.3.3Completion of any graduate program in
Elementary School Administration and,
1.3.4A minimum of three semester hours in each of
the following areas:
1.3.4.1Child Development
1.3.4.2Methods of Teaching Reading at the
elementary level
1.3.4.3Methods of Teaching Mathematics at
the elementary level or,
1.3.5A Master's degree in any field and,
1.3.6A three-semester hour graduate level course
in each of the following areas:
1.3.6.1Elementary School Administration
1.3.6.2Supervision/Evaluation of Staff
1.3.6.3Curriculum Development
1.3.6.4 School Business Management
1.3.6.5School Law/Legal Issues in Education
1.3.6.6 Human Relations and
1.3.7A minimum of three semester hours in each of
the following areas:
1.3.7.1Child Development
1.3.7.2Methods of Teaching Reading at
elementary level
1.3.7.3Methods of Teaching Mathematics at
elementary level
(The requirements specified in 1.3.1 and 1.3.2 and 1.3.3.
may be met by previously taken undergraduate coursework
or through undergraduate or graduate level coursework taken
specifically to meet these requirements.)
2.0 The following shall be required for the Limited
Standard License:
2.1 The Limited Standard License may be issued for a
period of three years, at the request of a Delaware public
school district, to a person employed in the above position to
allow for the completion of the requirements for the
Standard License in 1.0.
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PROPOSED REGULATIONS 1061
2.2 Master's degree from a regionally accredited
college and,
2.3 Meets requirements listed in 1.2 and,
2.4 Within six semester hours of the coursework
specified in 1.3.2 or 1.3.4 or 1.3.6 and 1.3.7.
3.0 Licenses that may be issues for this position include
Standard and Limited Standard.
312 Certification Administrative Secondary School
Principal Or Assistant Principal
Effective July 1, 1993
1.0 The following shall be required for the Standard License
for the principal of a building containing grades 7-12
designated as a junior high school, high school, vocational
high school or a senior high school. Valid for a principal of
a middle level school.
1.1 Degree required
1.1.1Master's degree from a regionally accredited
college and,
1.2 Experience
1.2.1Minimum of three years successful, full-time
classroom teaching experience at the secondary level or two
years of successful, full-time secondary classroom teaching
experience and a one year internship in School
Administration at the secondary level and,
1.3 Specialized Professional Preparation
1.3.1Master's degree from an accredited college in
an approved program for Secondary School Administration;
and
1.3.2A minimum of three semester hours of
Adolescent Development, if not taken at the undergraduate
level or,
1.3.3Completion of a graduate program in
Secondary School Administration and,
1.3.4A minimum of three semester hours of
Adolescent Development, if not taken at the undergraduate
level or,
1.3.5A Master's degree in any field and,
1.3.6A three semester hour graduate level course in
each of the following areas
1.3.6.1Secondary School Administration
1.3.6.2Supervision/Evaluation of Staff
1.3.6.3Curriculum Development
1.3.6.4School Business Management
1.3.6.5School Law/Legal Issues in Education
1.3.6.6Human Relations
1.3.6.7Three semester hours Adolescent
Development, taken at the graduate or undergraduate level.
2.0 The following shall be required for the Limited
Standard License:
2.1 The Limited Standard License may be issued for a
period of three years at the request of a Delaware public
school district, to a person employed in the above position to
allow for the completion of the requirements for the
Standard License as in 1.0.
2.1.1Master's degree from a regionally accredited
college and,
2.1.2Meets the requirements in 1.2 and,
2.1.3Within six semester hours of the completion of
the coursework in 1.3.6.
3.0 Licenses that may be issues for this position include
Standard and Limited Standard.
313 Certification Administrative Principal Of A School
For Children With Disabilities
Effective July 1, 1993
1.0 The following shall be required for the Standard License
for a principal of a school for children with disabilities.
1.1 Degree required
1.1.1Master's degree from a regionally accredited
college and,
1.2 Experience
1.2.1Three years of full-time, successful classroom
experience as a teacher of children with disabilities, while
holding a Standard License to teach children with
disabilities. Standard certification is limited to these areas of
special education: LD, SED, MD, VI, HI, PI, Autistic/
Severely Disabled and combinations thereof and,
1.3 Specialized Professional Preparation
1.3.1A Master's degree in any field from a
regionally accredited college; and
1.3.2The individual shall meet the State of
Delaware's requirement for Standard certification as an
Elementary or Secondary School Principal; and
1.3.3The individual shall hold, or be eligible to hold
a Standard License as a teacher of exceptional children LD,
SED, MD, VI, HI, PI, Autistic or Severely Disabled and
combinations thereof.
2.0 The following shall be required for the Limited
Standard License
2.1 The Limited Standard License may be issued for a
period of three years, at the request of a Delaware public
school district, to a person employed in the above position to
allow for the completion of the requirements for the
Standard License in 1.0.
2.1.1Meets all requirements in 1.1, 1.2, 1.3.1 and,
2.1.2Within six semester hours of meeting the
requirement in 1.3.2.
3.0 Licenses that may be issued for this position include
Standard and Limited Standard.
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1062 PROPOSED REGULATIONS
Regulation 1530 Certification Administrative B School
Principal/Assistant Principal
1.0 This regulation shall apply to the issuance of a standard
certificate for school principal and assistant principal,
pursuant to 14 Del. C. ' 1220.
2.0 Definitions: The following words and terms, when used
in this regulation, shall have the following meaning unless
the context clearly indicates otherwise:
AEducator@ means a public school employee who holds
a license issued under the provisions of 14 Del. C., Chapter
12, and includes teachers and administrators, and as
otherwise defined by the Standards Board and the State
Board pursuant to 14 Del. C. ' 1203, but does not include
substitute teachers.
AStandards Board@ means the Professional Standards
Board established pursuant to 14 Del. C. ' 1201.
AStandard certificate@ means a credential issued to
verify that an educator has the prescribed knowledge, skill
and/or education to practice in a particular area, teach a
particular subject, or teach a category of students.
AState Board@ means the State Board of Education of
the State of Delaware established pursuant to 14 Del. C. '
104.
3.0 The following shall be required for the Standard
Certificate for the principal or assistant principal of an
elementary or intermediate school, a middle school, a high
school, or a school for exceptional students.
3.1 Educational requirements
3.1.1 A master=s degree in educational
leadership from a regionally accredited college, or
3.1.2 A master=s degree in education from a
regionally accredited college and a current principal or
assistant principal certificate from another state, or
3.1.3 A master=s degree in any field from a
regionally accredited college and successful completion of a
Delaware approved alternative routes to certification
program for school leaders. Until approval and
implementation of an alternative routes to certification
program occurs, candidates completing the standard
certificate in accordance with 3.1.3.1 of this regulation shall
fulfill the following requirements.
3.1.3.1 A three semester hour graduate level
course in each of the following areas: School
Administration (at the level to be initially assigned),
Supervision/ Evaluation of Staff, Curriculum Development,
School Business Management, School Law/Legal Issues in
Education, Human Relations, and Child/Adolescent/Human
Development, if not taken at the undergraduate level.
3.2 Experience requirements
3.2.1 A minimum of three (3) years of
classroom teaching experience at the level to be initially
assigned as a school principal or assistant principal, except at
the middle level, where the classroom teaching experience
may be at any pK-12 level, or as a principal or assistant
principal of a school for exceptional students, where the
classroom teaching experience must have been with one or
more of the categories of exceptional children served by the
school.
1535 Certification Administrative - Administrative
Assistant
Effective October 11, 2001
1.0 The f1535 (formerly 305) Certification Administrative
- Administrative Assistantollowing shall be required for the
Standard License
1.1 Degree required
1.1.1 Master's degree from a regionally
accredited college and,
1.2 Experience
1.2.1 A minimum of three years of successful,
full-time classroom teaching experience, or three years of
administrative experience, and,
1.3 Specialized Professional Preparation
1.3.1 Specific training or satisfactory experience
including an internship and/or fieldwork in the area in which
employed.
2.0 The following shall be required for the Limited
Standard License
2.1 The Limited Standard License may be issued for a
period of three years, at the request of a Delaware public
school district, to a person employed in the above position to
allow for the completion of the requirements for the
Standard License in 1.0.
2.1.1 Master's degree from an accredited college
and,
2.1.1.1 Meets the requirements of 1.2 and,
2.1.1.2 Within six semester hours of meeting
the requirements as specified in 1.3.
3.0 Licenses that may be issued for this position include
Standard and Limited Standard.
See 5 DE Reg. 856 (10/1/01)
1536 Certification Administrative - Director
Effective October 11, 2001
1.0 The foll1536 (formerly 306) Certification
Administrative - Director owing shall be required for the
Standard License for persons employed to be responsible for
the administration of specialized instructional areas.
1.1 Degree required
1.1.1Master's degree plus thirty semester hours of
graduate level coursework from a regionally accredited
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1063
college(s) and,
1.2 Experience
1.2.1A minimum of three years of successful, fulltime
classroom teaching experience or,
1.2.2A minimum of three years of successful, fulltime
administrative experience in the specific area to be
directed, within a school system or,
1.3 Specialized Professional Preparation
1.3.1Master's degree plus thirty semester hours of
graduate level coursework from a regionally accredited
college(s) with a major in Educational Supervision and
Curriculum or Educational Administration or Educational
Leadership, or Human Resource Management; and Twentyone
semester hours of graduate level coursework specific to
the area to be directed or,
1.3.2Master's degree in any field plus thirty
semester hours of graduate level coursework from a
regionally accredited college(s) to include the following
graduate level coursework:
1.3.2.1A minimum of twenty-one semester
hours of graduate level coursework specific to the area to be
directed and,
1.3.2.2A minimum of twenty-one semester
hours of graduate level coursework in the area of
administration, to include at least one course in each of the
following areas:
1.3.2.2.1Curriculum Development and
Instruction
1.3.2.2.2Supervision/Evaluation of Staff
1.3.2.2.3School Business Management
1.3.2.2.4School Law/Legal Issues in
Education
1.3.2.2.5Human Resource Management
1.3.2.2.6Human Development (to include
child/adolescent development)
1.3.2.2.7Organizational Management
(NOTE: Any of the requirements listed in 1.3.1. or 1.3.2 may
be met by coursework taken either within or in addition to
the Master's degree plus thirty semester hours.)
2.0 The following shall be required for the Limited
Standard License
2.1 The Limited Standard License may be issued for a
period of three years, at the request of a Delaware public
school district, to a person employed in the above position to
allow for the completion of the requirements for the
Standard License in 1.0.
2.1.1Master's degree plus thirty semester hours of
graduate level coursework from a regionally accredited
college; and
2.1.2Meets all experience requirements in 1.2 and
2.1.3Meets the Specialized Professional
Preparation requirement in the specialized area 1.3.2.1 and is
within six semester hours of meeting the administrative
coursework in 1.3.2.1.
3.0 Licenses that may be issued for this position include
Standard and Limited Standard.
See 5 DE Reg. 856 (10/1/01)
1538 Certification Administrative - Supervisor
Effective October 11, 2001
1.0 The fol1538 (formerly 308) Certification
Administrative - Supervisor lowing shall be required for the
Standard License for persons employed to be responsible for
the administration of specialized areas.
1.1 Degree required
1.1.1Master's degree from a regionally accredited
college and,
1.2 Experience
1.2.1A minimum of three years of successful, fulltime
classroom teaching experience in the instructional area
to be supervised and,
1.3 Specialized Professional Preparation
1.3.1Master's degree from a regionally accredited
college with a major in Educational Supervision and
Curriculum and,
1.3.2Fifteen semester hours of graduate level
coursework, specific to the area to be supervised or,
1.3.3A Master's degree in any field from a
regionally accredited college with the following graduate
level coursework included within, or in addition to, the
degree:
1.3.3.1A minimum of fifteen semester hours of
graduate level coursework in the area to be supervised and,
1.3.3.2A minimum of fifteen semester hours of
graduate level coursework in administration to include one
course in each of the following areas:
1.3.3.2.1Curriculum Development
1.3.3.2.2Supervision/Evaluation of Staff
1.3.3.2.3Human Relations
1.3.3.2.4School Law/Legal Issues
2.0 The following shall be required for the Limited
Standard License
2.1 The Limited Standard License may be issued for a
period of three years at the request of a Delaware public
school district, to a person employed in the above position to
allow for the completion of the requirements for the
Standard License in 1.1.
2.1.1Master's degree from a regionally accredited
college; and
2.1.2Meets all requirements in 1.2.
2.1.3Within six semester hours of meeting the
specific coursework requirements in 1.3.1 and 1.3.2, or
within six semester hours of meeting the specific coursework
requirements in 1.3.3.1 and 1.3.3.2.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1064 PROPOSED REGULATIONS
3.0 Licenses that may be issued for this position include
Standard and Limited Standard.
See 5 DE Reg. 856 (10/1/01)
Regulation 1531 Certification Administrative B School
Leader I
1.0 The following shall apply to the issuance of a standard
certificate for directors, supervisors, administrative
assistants, and managers in instructional areas, pursuant to
14 Del. C. ' 1220.
2.0 Definitions: The following words and terms, when used
in this regulation, shall have the following meaning unless
the context clearly indicates otherwise:
AEducator@ means a public school employee who holds
a license issued under the provisions of 14 Del. C., Chapter
12, and includes teachers and administrators, and as
otherwise defined by the Standards Board and the State
Board pursuant to 14 Del. C. ' 1203, but does not include
substitute teachers.
AStandards Board@ means the Professional Standards
Board established pursuant to 14 Del. C. ' 1201.
AStandard certificate@ means a credential issued to
verify that an educator has the prescribed knowledge, skill
and/or education to practice in a particular area, teach a
particular subject, or teach a category of students.
AState Board@ means the State Board of Education of
the State of Delaware established pursuant to 14 Del. C '
104.
3.0 The following shall be required for the standard
certificate for directors, supervisor, administrative assistants,
and managers in instructional areas.
3.1 Educational requirements
3.1.1 A master=s degree in educational
leadership from a regionally accredited college, or
3.1.2 A master=s degree in education from a
regionally accredited college and a current equivalent central
office administrative certificate from another state, or
3.1.3 A master=s degree in any field from a
regionally accredited college and successful completion of a
Delaware approved alternative routes to certification
program for school leaders. Until approval and
implementation of an alternatives routes to certification
program occurs, candidates completing the standard
certificate in accordance with 3.1.3.1 of this regulation shall
fulfill the following requirements;
3.1.3.1 A minimum of twenty-four semester
hours of graduate level course work, completed either as
part of the master=s degree or in addition to it, in
administration, to include at least one course in each of the
following areas: Curriculum Development, Supervision/
Evaluation of Staff, Human Relations, and School Law/
Legal Issues and in the area(s) to be supervised (may include
courses in curriculum, instruction, and/or methods), and
3.2 Experience requirements
3.2.1 A minimum of three (3) years of
classroom teaching experience at the pK-12 level. Teaching
experience for directors, supervisors, administrative
assistants and managers of programs for exceptional children
must have been with exceptional children.
3.2.2 School districts or charter schools may
require additional qualifications for specific positions.
302 Certification Administrative - Superintendent
Effective July 1, 1993
1.0 The following shall be required for the Standard License
for the Superintendent and the general Assistant
Superintendent in all school districts.
1.1 Degree required
1.1.1Master's degree plus thirty graduate semester
hours or a Doctor's degree from a regionally accredited
college or university and,
1.2 Experience
1.2.1A minimum of three years of successful,
full-time elementary or secondary experience, at the
building-level, as a teacher or administrator and,
1.3 Specialized Professional Preparation
1.3.1Graduate level coursework must include the
following areas:
1.3.1.1Personnel Administration
1.3.1.2Supervision/Evaluation of Staff
1.3.1.3Curriculum Development and
Instruction
1.3.1.4School Business Management
1.3.1.5School Law/Legal Issues in Education
1.3.1.6Human Resource Management
1.3.1.7Organizational Management
1.3.1.8Child or Adolescent Development, if
not taken at the undergraduate level.
2.0 The following shall be required for the Limited
Standard License
2.1 The Limited Standard License may be issued for a
period of three years, at the request of a Delaware public
school district, to a person employed in the above position to
allow for the completion of the requirements for the
Standard License as listed in 1.0.
2.1.1Requirements listed in 1.1. and 1.2.
2.1.2Within six semester hours as required in 1.3
3.0 Licenses that may be issued for this position include
Standard and Limited Standard.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1065
304 Certification Administrative - Assistant
Superintendent For Curriculum
Effective July 1, 1993
1.0 The following shall be required for the Standard License
for an individual who is employed to be in charge of the
specialized areas of curriculum/program development within
a public school district.
1.1 Degree required
1.1.1Master's degree from a regionally accredited
college plus 30 graduate semester hours and,
1.2 Experience
1.2.1A minimum of three years of successful,
full-time elementary or secondary experience, at the
building-level, as a teacher or administrator and,
1.3 Specialized Professional Preparation
1.3.1A minimum of 18 semester hours of graduate
level coursework in Curriculum to include: curriculum
development, design, implementation and evaluation and,
1.3.2A minimum of 18 semester hours of graduate
level coursework in the area of administration, to include
one course in each of the following areas:
1.3.2.1Supervision/Evaluation of Staff
1.3.2.2School Business Management
1.3.2.3School Law/Legal Issues in Education
1.3.2.4Human Resource Management
1.3.2.5Organizational Management
1.3.2.6Personnel Administration
1.3.2.7Child Development if not taken at
undergraduate level 1.2.1.8 Adolescent Development if not
taken at undergraduate level.
2.0 The following shall be required for the Limited
Standard License
2.1 The Limited Standard License may be issued for a
period of three years at the request of a Delaware public
school district, to a person employed in the above position to
allow for the completion of the requirements for the
Standard License in 1.0.
2.1.1Meets requirements specified in 1.1 and 1.2
and,
2.1.2Within nine semester hours of meeting the
requirements in 1.3.1 and 1.3.2.
3.0 Licenses that may be issued for this position include
Standard and Limited Standard.
Regulation 1532 Certification Administrative B School
Leader II
1.0 This regulation shall apply to the issuance of a standard
certificate for school district superintendents and assistant
superintendents, pursuant to 14 Del. C. ' 1220.
2.0 Definitions: The following words and terms, when used
in this regulation, shall have the following meaning unless
the context clearly indicates otherwise:
AEducator@ means a public school employee who holds
a license issued under the provisions of 14 Del. C., Chapter
12, and includes teachers and administrators, and as
otherwise defined by the Standards Board and the State
Board pursuant to 14 Del. C. ' 1203, but does not include
substitute teachers.
AFull-time classroom teaching experience@ means
experience as a teacher in any pK-12 area.
AFull-time school leadership@ means full-time
experience as a principal or assistant principal or as a district
level administrator in an instructional leadership position,
which includes, but is not limited to, curriculum coordinator,
director or supervisor of instruction, director or supervisor of
learning.
AStandards Board@ means the Professional Standards
Board established pursuant to 14 Del. C. ' 1201.
AStandard certificate@ means a credential issued to
verify that an educator has the prescribed knowledge, skill
and/or education to practice in a particular area, teach a
particular subject, or teach a category of students.
AState Board@ means the State Board of Education of
the State of Delaware established pursuant to 14 Del. C. '
104.
3.0 The following shall be required for the Standard
Certificate for school district superintendents and assistant
superintendents.
3.1 Educational requirements
3.1.1 A doctoral degree in educational
leadership from a regionally accredited college, or
3.1.2 A master=s or doctoral degree in education
from a regionally accredited college and a current
superintendent or assistant superintendent certificate from
another state, or
3.1.3 A master=s or doctoral degree in any field
from a regionally accredited college and successful
completion of a Delaware approved alternative routes to
certification program for school leaders/superintendents.
Until approval and implementation of an alternative routes to
certification program occurs, candidates completing the
standard certificate in accordance with 3.1.3 of this
regulation shall provide evidence of graduate course work in
the following areas, either as part of the master=s or doctoral
degree program or in addition to it.
3.1.2.1 Personnel Administration
3.1.2.2 Supervision/Evaluation of Staff
3.1.2.3 Curriculum Development and
Instruction
3.1.2.4 School Business Management
3.1.2.5 School Law/Legal Issues in Education
3.1.2.6 Human Resource Management
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1066 PROPOSED REGULATIONS
3.1.2.7 Organizational Management
3.1.2.8 Child or Adolescent Development, if
not taken at the undergraduate level.
3.2 Experience requirements
3.2.1 A minimum of five (5) years of experience
consisting of classroom teaching, full-time school
leadership, or a combination of the two, at the building or
district level.
PROFESSIONAL STANDARDS BOARD
Educational Impact Analysis Pursuant To 14 Del. C.
Section 122 (D)
1502 Delaware Performance Appraisal System For
Teachers
1503 Delaware Performance Appraisal System For
Specialists
1504 Delaware Performance Appraisal System For
Administrators
A. Type Of Regulatory Action Requested
New Regulation
B. Synopsis Of Subject Matter Of Regulation
The Professional Standards Board in cooperation and
collaboration with the Department of Education seeks the
approval of the State Board of Education to adopt the
following regulations:
1502 Delaware Performance Appraisal System for
Teachers
1503 Delaware Performance Appraisal System for
Specialists
1504 Delaware Performance Appraisal System for
Administrators
It is necessary to adopt these regulations in order to
comply with changes in statute regarding the evaluation of
the performance of educators. The Delaware Performance
Appraisal System (DPAS II) is a system for the evaluation of
educators. The system which has been developed is
research-based, and is aligned with the Delaware
Professional Teaching Standards and the Delaware
Administrator Standards (ISSLC Standards). The system
serves the dual purposes of quality assurance and
professional growth, and contains a component dedicated to
student improvement. The Delaware Performance Appraisal
System reinforces those aspects of the system which apply to
all educators, while acknowledging the differences which
exist among groups of educators. All regulations concern
the evaluation of educators and are introduced together as
the three regulations are complementary to one another and,
together, establish a system for the evaluation of educators.
C. Impact Criteria
1. Will the new regulations help improve student
achievement as measured against state achievement
standards? The new regulations will help improve student
achievement as measured against state achievement
standards by evaluating educator performance and
promoting professional growth of educators. The student
improvement domain is directly related to student
achievement as measured against state achievement
standards.
2. Will the new regulations help ensure that all
students receive an equitable education? The new
regulations deal with educator evaluation, not student equity.
However, ensuring that all educators are evaluated using a
rigorous system which focuses on both performance and
professional growth of educators helps to ensure that
students receive an equitable education.
3. Will the new regulations help to ensure that all
students' health and safety are adequately protected? The
new regulations address educator evaluation, not students'
health and safety.
4. Will the new regulations help to ensure that all
students' legal rights are respected? The new regulations
address educator evaluation, not students' legal rights.
5. Will the new regulations preserve the necessary
authority and flexibility of decision makers at the local board
and school level? The new regulations will preserve the
necessary authority and flexibility of decision makers at the
local board and school level.
6. Will the new regulations place unnecessary
reporting or administrative requirements or mandates upon
decision makers at the local board and school levels? The
new regulations will not place unnecessary reporting or
administrative requirements or mandates upon decision
makers at the local board and school levels.
7. Will decision making authority and accountability
for addressing the subjects to be regulated be placed in the
same entity? The decision-making authority and
accountability for addressing the subjects to be regulated
rests with the Professional Standards Board, in collaboration
and cooperation with the Department of Education, and with
the consent of the State Board of Education.
8. Will the new regulations be consistent with, and not
an impediment to, the implementation of other state
educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies? The new regulations will be consistent with, and
not an impediment to, the implementation of other state
educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1067
9. Is there a less burdensome method for addressing
the purpose of the amended regulations? 14 Del. C. requires
that we promulgate these regulations.
10. What is the cost to the state and to the local
schoolboards of compliance with the new regulations?
There is no additional cost to local school boards for
compliance with the regulations.
1502 Regulation Delaware Performance Appraisal
System For Teachers
1.0 The Delaware Performance Appraisal System (DPAS
II) for Teachers is a system for evaluating the performance
of teachers and for promoting professional growth of
teachers. In accordance with 14 Del. C., § 1270, this
regulation shall be applied to teachers who are employed by
a Delaware public school, including charter schools, who
hold a license issued under the provisions of Chapter 12 of
Title 14 of the Delaware Code.
2.0 Definitions: The following words and terms, when used
in this regulation, shall have the following meaning unless
the context clearly indicates otherwise:
"Artifact" means material(s) that the teacher has
developed to engage students in learning or to support
student learning relative to appropriate goals, and includes
assignments, activities, projects, and assessments.
"Assistance plan" means an improvement plan which
identifies deficiencies in a teacher's performance and defines
activities required to improve the deficiencies to a basic or
proficient level for novice teachers, and to a proficient level
for experienced teachers.
"Basic" means performance characteristic of novice
teachers. The performance is inconsistent or uneven. The
teacher knows what to do, but cannot consistently act upon
this knowledge.
"Basic performance in a domain" means the teacher
appears to understand the concepts underlying the
component(s) and attempts to implement its elements, but
implementation is sporadic, intermittent, or otherwise not
entirely successful.
"Basic performance on a summative evaluation"
means the teacher receives at least four ratings of basic or
higher and no more than one unsatisfactory rating among the
five domains of the summative evaluation and does not meet
the criteria for a proficient or a distinguished rating.
"Conclusions" means any determination of a teacher's
performance as distinguished, proficient, basic or
unsatisfactory.
"Component", as used herein, means one of the
sections of a domain, as set forth in Enhancing Professional
Practice: A Framework for Teaching (Danielson, 1996),
upon which a teacher is evaluated, as distinguished from
"component" as it is used in 14 Del. C., § 1270, where it
means a major section or domain of theDPAS II system.
"Chronic failure by parents to abide by the Parents'
Declaration of Responsibilities" means multiple failures by
parents to respond to communications from teachers or other
school officials and/or failure to attend conferences as
requested.
"Delaware Performance Appraisal System II"
(DPAS II) means the educator evaluation system developed
and implemented pursuant to 14 Del. C., § 1270.
"Delaware Professional Teaching Standards" means
standards of teaching approved by the State Board, as per 14
Del. Admin. Code 393, Delaware Professional Teaching
Standards.
"Department" means the Delaware Department of
Education.
"Distinguished" means performance characteristic of
master teachers. Distinguished teachers are highly
responsive to the needs of students and foster a high degree
of autonomy in their students who take responsibility for
their learning.
"Distinguished performance in a domain" means that
the teacher is a master teacher and makes a contribution to
the field, both in and outside of their school.
"Distinguished performance on a summative
evaluation" means the teacher receives at least three
distinguished ratings and no unsatisfactory or basic ratings
among the five domains of the summative evaluation.
"Distribution in student achievement" means the
distribution of scores among all students, including those
scores disaggregated by income level, gender, race, special
education status, and limited English proficiency.
"Domain" means one of the sections of the Delaware
Performance Appraisal System II and, as used herein, means
the same as "component" in 14 Del. C., § 1270 (c).
"DPAS II" means the Delaware Performance Appraisal
System II.
"DSTP" means the Delaware Student Testing Program,
and includes DSTP I (reading, writing, and mathematics in
grades 3, 5, 8, and 10 and science and social studies in
grades 4, 6, 8, and 11), and DSTP II (reading, writing, and
mathematics in grades 2, 4, 6, 7, and 9) and work sampling at
grades K and 1).
"Educator" means a public school employee who holds
a license issued under the provisions of 14 Del. C., Chap. 12,
and includes teachers, specialists, and administrators, and as
otherwise defined by the Standards Board and State Board,
but does not include substitute teachers.
"Evaluator" means an individual or a team who has the
credentials to appraise educator performance, as set forth in
the rules and regulations promulgated under 14 Del. C., §
1271.
"Experienced teacher" means a teacher with three or
more years of experience in Delaware who holds a
continuing or an advanced license. For the purposes of this
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1068 PROPOSED REGULATIONS
regulation, experienced teachers who hold National Board
Certification entering a Delaware public school from another
state shall be considered experienced teachers.
"Framework for Teaching" means a framework of
professional practice for teaching as set forth in Enhancing
Professional Practice: A Framework for Teaching
(Danielson, 1996).
"Mitigating factors" means factors set forth in 14 Del.
C. § 1270(c) which must be taken into consideration in
measuring student improvement and which include student
absence, student mobility, student chronic noncompliance
with school rules, chronic failure by parents to abide by the
Parents' Declaration of Responsibilities and other factors
that may adversely affect a teacher's evaluation.
"Multiple measures" means student performance on
district administered tests pursuant to 14 Del. C. § 253(3)(1);
student performance assessments, such as end-of-unit and
end-of-course assessments; student classroom work
products; and classroom grades supported by evidence of
student work that demonstrates a student's performance.
"Novice teacher" means a teacher with up to three
years of experience or new to Delaware.
"Other factors that may adversely affect a teacher's
evaluation" include, but are not limited to, environmental
disruptions over which the teacher has no control, an
external event, such as the death or serious injury of a
student, which impacts the class, as may be jointly agreed
upon by the teacher and the evaluator.
"Overall performance rating" means a summative
rating of a teacher's performance on DPAS II.
"Pattern of ineffective teaching for experienced
teachers" means an overall rating of unsatisfactory
performance on a summative evaluation for a period of two
consecutive years or an overall rating of basic or any
combination of basic and unsatisfactory performance on a
summative evaluation for three consecutive years.
"Pattern of ineffective teaching for novice teachers"
means a pattern of unsatisfactory performance on the DPAS
II summative evaluation for a period of two consecutive
years.
"Professional development activities" means activities
designed to enhance knowledge and skill to promote
continuous professional growth and to improve teacher
performance.
"Proficient" means the teacher clearly understands the
concepts underlying the domain and implements them well.
"Proficient performance in a domain" means the
teacher clearly understands the concepts underlying the
domain and implements them well.
"Proficient performance on a summative evaluation"
means the teacher receives at least three proficient or higher
ratings, no more than two basic ratings and no unsatisfactory
ratings among the five domains of the summative evaluation
and does not meet the criteria for a distinguished rating.
"School accountability performance rating" means
the official accountability rating assigned to the school
pursuant to 14 Del. C., § 154.
"Secretary" means the Secretary of the Delaware
Department of Education.
"Standards Board" means the Professional Standards
Board established pursuant to 14 Del. C., § 1201.
"State Board" means the State Board of Education of
the State of Delaware established pursuant to 14 Del. C., §
104.
"Student absence" means a student misses more than
15% of class time in a school year.
"Student chronic noncompliance with school rules"
means two or more documented violations of the code of
conduct in the classroom of the teacher being evaluated
which disrupt the learning environment.
"Student improvement" means growth over time on
the DSTP and other assessment measures toward curriculum
standards, as jointly determined by evaluators and teachers.
"Student mobility" means a student attends one school
for less than 91 days in a school year.
"Summative evaluation" means a collection of
evidence which results in a summary of a teacher's
performance over time.
"Unsatisfactory" means the teacher does not yet appear
to understand the concepts underlying the component.
"Unsatisfactory performance" means an
unsatisfactory rating on a domain of DPAS II.
"Unsatisfactory performance in a domain" means the
teacher does not yet appear to understand the concepts
underlying the domain. The teacher's performance in that
domain is unacceptable.
"Unsatisfactory performance on a summative
evaluation" means the teacher receives two or more
unsatisfactory ratings in the five domains of the summative
evaluation.
"Variety of assessments" means pre- and post-testing,
DSTP on-line scores, performances, portfolios, oral
presentations, and projects appropriate to the content being
assessed.
3.0 Delaware Performance Appraisal System (DPAS II) for
Teachers: There shall be five domains to the Delaware
Performance Appraisal System (DPAS II) for Teachers.
Four of the domains are based on Enhancing Professional
Practice: A Framework for Teaching (Danielson, 1996).
Pursuant to 14 Del. C. § 1270(c), the fifth domain is based
on student improvement, and includes both external and
internal measures of student improvement. The DSTP shall
be included in the external measures of student
improvement.
3.1 Domains.
3.1.1 Domain 1: Planning and Preparation
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1069
LEVEL OF PERFORMANCE
COMPONE
NT
UNSATISF
ACTORY
BASIC PROFICI
ENT
DISTING
UISHED
Ia:
Demonstrati
ng
Knowledge
of Content
and
Pedagogy
Teacher
displays
minimal
content and
pedagogy
knowledge;
makes
content
errors; rarely
corrects
student
errors.
Displays
little or no
awareness of
prerequisite
knowledge
important for
student
learning.
Teacher
displays
basic
content
and
pedagogic
al
knowledge
, but
displays an
incomplete
awareness
of
prerequisit
e
knowledge
.
Occasional
ly makes
connection
s within
the content
area and
with other
content
areas.
Rarely
anticipates
student
misconcep
tions.
Teacher
displays
solid
content
and
pedagogy
knowledge
and an
understand
ing of
prerequisit
e
knowledge
. Makes
connection
s within
the content
area and
with other
content
areas.
Anticipate
s student
misconcep
tions and
instruction
al plans
reflect best
practice.
Teacher
displays
extensive
content and
pedagogy
knowledge
and builds
on
knowledge
of
prerequisite
relationship
s in the
instructiona
l plans.
Makes
connection
s within the
content
area and
with other
content
areas.
Seeks out
causes of
student
misconcept
ions and
displays a
continuing
quest for
best
practice.
Ib:
Demonstrati
ng
Knowledge
of Students
Teacher
displays
minimal
knowledge of
student
development
al
characteristic
s, approaches
to learning,
knowledge,
skills,
interests, or
cultural
heritage.
Teacher
displays
general
understand
ing of
student
developme
ntal
characteris
tics,
approaches
to learning,
knowledge
, skills,
interests,
and
cultural
heritage.
Applies
this
knowledge
to the class
as a whole.
Teacher
displays
thorough
knowledge
of student
developme
ntal
characteris
tics,
approache
s to
learning,
knowledge
, skills,
interests,
and
cultural
heritage.
Applies
this
knowledge
to groups
of students
to enrich
instruction
.
Teacher
displays indepth
knowledge
of
developme
ntal
characterist
ics,
approaches
to learning,
knowledge,
skills,
interests,
andcultural
heritage.
Applies
this
knowledge
to each
student.
Students
understand
and
appreciate
the
different
skills,
interests,
andcultural
heritage
displayed
among
their
classmates.
Teacher
uses
knowledge
of students'
prior
knowledge
and
different
approaches
to learning
in
instructiona
l planning.
Ic:
Selecting
Instructional
Goals
Teacher
selects goals
that are
unclear,
reflect low
expectations,
focus on
unimportant
learning, or
are
unsuitable
for the class.
Goals cannot
be
meaningfully
assessed.
Teacher
selects
goals that
are usually
clear,
reflect
moderate
expectatio
ns, and
generally
focus on
important
learning.
Most goals
are
suitable for
most of the
class and
most can
be
meaningfu
lly
assessed.
Teacher
selects
goals that
are clear,
reflect
high
expectatio
ns, and
focus on
important
learning.
All goals
are
suitable
for most of
the class
and can be
meaningfu
lly
assessed.
Teacher
selects
goals that
are clear,
reflect
rigorous
expectation
s, focus on
important
learning,
and
encourage
varied
approaches
to learning.
Goals
reflect
individual
student
needs and
can be
meaningful
ly assessed.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1070 PROPOSED REGULATIONS
Used with permission from Charlotte Danielson, President,
Id.
Demonstrati
ng
Knowledge
of
Resources
Teacher
designs
instruction
that clearly
lacks
structure, is
often
inappropriate
for students,
or does not
match the
selected
goals.
Teacher
chooses
materials,
activities, or
student
grouping that
do not
support the
goals or
engage
students in
learning.
Sets
unrealistic
time
allocations.
Teacher
designs
instruction
that has a
recognizab
le
structure,
but is
sometimes
uneven, is
occasionall
y
inappropri
ate for
students,
and
usually
matches
the
selected
goals.
Teacher
chooses
materials,
activities,
and
student
grouping
that
generally
support the
goals and
engage
student in
learning.
Usually
sets
realistic
time
allocations
.
Teacher
designs
instruction
that has a
clearly
defined
structure,
is
appropriat
e for
students,
and
matches
the
selected
goals.
Teacher
chooses
materials
and
activities
that match
the goals
and
engage
students in
learning.
Sets
realistic
time
allocations
and varies
instruction
al groups
to best
meet the
goals and
student
needs.
Teacher
designs
instruction
that has a
clearly
defined
structure,
allows for
modificatio
ns based on
student
needs, and
matches the
selected
goals.
Teacher
chooses
materials
and
activities
that match
the selected
goals and
actively
engages
students in
learning.
Sets
realistic
time
allocations
and often
involves
students in
selecting
groups,
materials,
and
activities.
Ie:
Designing
Coherent
Instruction
Content of
assessment
lacks
congruence
with
instructional
goals and
have no clear
link to DE
content
standards.
The
assessment
results affect
planning for
student
instruction
only
minimally.
Some, but
not all, of
the
instruction
al goals are
assessed.
Assessmen
ts are
unclear or
have not
been
clearly
communic
ated to
students.
Assessmen
t results
are used to
plan for
the entire
class.
All
instruction
al goals
are
assessed,
but the
approach
is more
suitable to
some goals
than to
others.
Assessmen
ts have
been
clearly
communic
ated to
students
and are
aligned to
DE
standards.
A variety
of
assessment
modes and
multiple
measures
are used to
plan for
individuals
and groups
of
students.
Teacher
informs
students of
their
progress.
Assessment
is
congruent
with
instructiona
l goals,
clearly
aligned to
content
standards
and
incorporate
s authentic
experiences
and
assessment
into
instructiona
l planning.
Assessment
s have been
clearly
communica
ted to
students.
Students
are aware
of how they
are meeting
the
established
content
standards.
Involves
students in
establishin
g personal
goals for
learning
based on
selfassessment
and
assessment
results.
Princeton Education Associates
3.1.2 Domain 2: The Classroom Environment
LEVEL OF PERFORMANCE
COMPO
NENT
UNSATISFAC
TORY
BASIC PROFICIE
NT
DISTING
UISHED
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1071
2a:
Creating
an
Environ
ment of
Respect
and
Rapport
Teacher
interaction with
some students is
negative,
demeaning,
sarcastic or
inappropriate to
the age or
cultural
background of
students.
Students exhibit
disrespect for
teacher and for
one another.
Teacherstudent
interactions
are generally
appropriate,
but may
reflect
inconsistenc
y,
favoritism,
or disregard
for students'
cultural
backgrounds
. tudents
exhibit
minimal
respect for
teacher, but
do not
behave
negatively
toward one
another.
Teacherstudent
interactions
are friendly
and
demonstrat
e warmth,
caring, and
respect
appropriate
to
developme
ntal and
cultural
background
s. Students
show
respect for
teacher.
Student
interactions
are polite
and
respectful.
Teacherstudent
interaction
s
demonstra
te genuine
caring and
respect for
individual
students.
Students
exhibit
high
respect for
teacher as
an
individual
. Students
demonstra
te genuine
caring for
one
another as
individual
s and as
students.
2b:
Establish
ing a
Culture
for
Learning
Teacher or
students convey
a negative
attitude toward
the content.
Instructional
goals and
activities and the
classroom
environment
convey very
modest
expectations for
student
achievement.
Teacher
communicat
es
importance
of the work,
but with
little
conviction.
Instructional
goals and
activitiesand
the
classroom
environment
convey
inconsistent
expectations
for student
achievement
.
Teacher
conveys
enthusiasm
for the
subject.
Instructiona
l goals and
activities,
and the
classroom
environmen
t convey
high
expectation
s for
student
achievemen
t.
Teacher
consistentl
y conveys
enthusias
m for the
subject.
Students
demonstra
te,
through
active
participati
on,
curiosity,
and
attention
to detail,
that they
value the
content's
importanc
e. Both
students
and
teacher
establish
and
maintain,
through
planning
of
learning
activities,
interaction
s and the
classroom
environme
nt, high
expectatio
ns for the
learning
of all
students.
2c:
Managin
g
Classroo
m
Procedur
es
Materials are
handled
inefficiently.
Much
instructional
time is lost in
performing noninstructional
duties and during
transitions.
Students not
working with the
teacher are not
productively
engaged in
learning.
Routines for
handling
materials
function
moderately
well. Some
instructional
time is lost
performing
noninstructional
duties and
during
transitions,
but generally
instructional
time is used
effectively.
Students
engage in
some offtask
behavior in
group
settings.
Little
instructiona
l time is lost
due to
handling
materials,
performing
noninstructiona
l duties or
during
transitions.
Tasks for
group work
are
organized,
and groups
are
managed so
most
students are
engaged at
all times.
Transition
s are
seamless.
Groups
working
independe
ntly are
productive
ly
engaged at
all times,
with
students
assuming
responsibi
lity for
work.
Routines
for
handling
materials
and
systems
for
performin
g noninstruction
al duties
are well
establishe
d and
efficient,
with
students
assuming
considera
ble
responsibi
lity for
efficient
operation.
2d.
Managin
g
Student
Behavior
No standards of
conduct exist, or
students are
confused as to
what the
standards are.
Teacher is either
unaware of
student behavior
or does not
respond to
misbehavior, or
response is
inconsistent or
disrespectful of
students'
dignity.
Standards of
conduct
exist, and
most
students
understand
them.
Teacher is
generally
aware of
student
behavior, but
may miss the
misbehavior
of some
students.
Teacher
responses to
misbehavior
are uneven.
Standards
of conduct
are clear to
all students.
Teacher is
alert to
student
behavior at
all times.
Teacher
response to
misbehavio
r is
appropriate
and
respectful
of students'
dignity.
Teacher
encourages
students to
assume
responsibili
ty for their
own
behavior.
Standards
of conduct
are clear
to all
students
and
appear to
have had
student
involveme
nt in their
developm
ent.
Teacher
monitorin
g of
student
behavior
is subtle.
Students
monitor
their own
and peers'
behavior.
Teacher
response
to
misbehavi
or is
highly
effective
and
sensitive
to
students'
individual
needs.
S
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1072 PROPOSED REGULATIONS
2e:
Organizi
ng
Physical
Space
The classroom is
unsafe. he
furniture
arrangement is
not suited to the
lesson activities.
Physical
resources are
used poorly, or
learning is not
accessible to
some students.
The
classroom is
safe.
Furniture is
adjusted for
a lesson, but
with limited
effectiveness
. Physical
resources are
used
adequately,
and at least
essential
learning is
accessible to
all students.
The
classroom
is safe.
Furniture
arrangemen
t is a
resource for
learning
activities.
Physical
resources
are used
skillfully,
and all
learning is
equally
accessible
to all
students.
The teacher
organizes,
allocates,
and
manages
physical
space to
support
learning.
The
classroom
is safe.
The
teacher
consistentl
y
organizes,
allocates,
and
manages
physical
space to
support
learning.
Students
adjust the
furniture
to advance
their own
purposes
in
learning.
Both
teacher
and
students
use
physical
resources
optimally,
and
students
ensure
that all
learning is
equally
accessible
to all
students.
T
LEVEL OF PERFORMANCE
COMPO
NENT
UNSATISFAC
TORY
BASIC PROFICI
ENT
DISTING
UISHED
3a:
Communi
cating
Clearly
and
Accuratel
y
Teacher's
spoken or
written
language is
unclear and
may contain
many
grammatical
errors.
Vocabulary
may be
inappropriate,
vague, or used
incorrectly,
leaving
listeners
confused.
Teacher's
spoken and
written
language is
clear and
correct.
Vocabular
y s
limited, or
is not
appropriate
to
listeners'
age,
backgroun
d, or level
of
understand
ing.
Teacher's
spoken and
written
language is
clear and
correct.
Vocabulary
is
appropriate
to listeners'
age,
backgroun
d, and level
of
understandi
ng.
Spoken and
written
language is
correct and
expressive,
with wellchosen
vocabulary
that enriches
discussion.
Anticipates
possible
misunderstan
ding.
i
3b:
Using
Questionin
g d
Discussion
Technique
s
The eacher
uses questions
that are f
consistently
poor quality.
The eacher
rarely engages
students in
discussion.
The
teacher
uses
questions
that are of
inconsisten
t uality
and
engages
some
students in
discussion.
The teacher
uses
questions
that are of
consistentl
y igh
quality and
allows
adequate
time for
student
responses.
The teacher
engages
students in
discussion.
The eacher
uses
questions
that are f
consistently
high quality
and allows
adequate
time for
student
responses.
The eacher
engages all
students in
discussion
and students
often assume
responsibilit
y for he
success of
the
discussion.
3c:
Engaging
Students
in
Learning
Activities and
assignments
are
inappropriate
for students'
ages or
backgrounds.
Students are
not engaged.
Instructional
groups are
inappropriate
to students or
to
instructional
goals.
Instructional
materials and
resources are
unsuitable to
the
instructional
goals or do
not engage
students. The
lesson has no
clearly
defined
structure.
Some
activities
and
assignment
s re
appropriate
to students
and engage
them
mentally.
Instruction
al groups
are
partially
appropriate
to the
students or
only
moderately
successful
in
advancing
the
instruction
al goals.
Instruction
al materials
and
resources
are
partially
suitable to
the
instruction
al goals
and
students
are
moderately
engaged.
The lesson
has a
recognizab
le
structure,
although it
is not
uniformly
maintained
.
Most
activities
and
assignment
s re
appropriate
to students,
and almost
all students
are
cognitively
engaged.
Instruction
al groups
are
productive
and fully
appropriate
to the
students or
to the
instruction
al goals.
Instruction
al materials
and
resources
are suitable
to the
instruction
al goals.
All students
are
cognitively
engaged in
activities and
assignments
in their
exploration
of content.
Students
initiate or
adapt
activities and
projects to
enhance
understandin
g.
Instructional
groups are
productive
and fully
appropriate
to the
instructional
goals.
Students take
the initiative
to influence
instructional
groups to
advance
understandin
g.
Instructional
materials and
resources are
suitable to
the
instructional
goals and
engage
students.
an
t
o
t
q
h
t
o
t
t
a a
Used with permission from Charlotte Danielson, President,
Princeton Education Associates
3.1.3 Domain 3: Instruction
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1073
3d. Feedback on Feedback Feedback Feedback on
Providing achievement on on achievement
Feedback on content achieveme achieveme on content
to standards is nt on nt on standards is
Students either not content content consistently
provided or is standards standards is high quality
uniformly is consistentl and is
poor quality inconsisten y high provided in a
and is not t in quality. quality and timely
provided in a Timeliness is provided manner.
timely of in a timely Students
manner. feedback is manner. make prompt
inconsisten use of the
t. feedback in
their
learning.
3e: Teacher Teacher Teacher Teacher
Demonstra adheres attempts to displays an displays an
ting rigidly to an adjust a adequate extensive
Flexibility instructional lesson, repertoire repertoire of
and plan, even with mixed of instructional
Responsiv when a results. instruction strategies.
eness change will Teacher al Teacher
clearly attempts to strategies seizes a
improve a accommod and makes major
lesson. ate adjustment opportunity
Teacher students' s to lessons to enhance
ignores questions smoothly. learning,
students' or interests, Teacher building on a
questions or but with successful spontaneous
interests. The uneven accommod event.
teacher gives effects on ates Teacher
up or blames the students' persists in
the student or coherence questions seeking
the of a lesson. or interests. effective
environment Teacher Teacher approaches
for lack of accepts persists in for students
success. responsibil seeking who need
ity for the approaches help, using
success of for students an extensive
all who have repertoire of
students, difficulty strategies
but has learning, and
only a but soliciting
limited possesses additional
repertoire only a resources
of moderate from the
instruction repertoire school.
al of
strategies strategies.
to use.
Used with permission from Charlotte Danielson, President,
Princeton Education Associates
3.1.4 Domain 4: Professional Responsibilities
LEVEL OF PERFORMANCE
COMPON
ENT
UNSATISF
ACTORY
BASIC PROFICI
ENT
DISTING
UISHED
4a:
Reflecting
on
Teaching
Teacher
does not
know if a
lesson was
effective or
achieved its
goals, or
profoundly
misjudges
the success
of a lesson.
Teacher has
no
suggestions
for how to
improve a
lesson
another
time.
Teacher has
a generally
accurate
impression
of a lesson's
effectiveness
and the
extent to
which
instructional
goals were
met. Teacher
makes
general
suggestions
about how to
improve a
lesson.
Teacher
makes an
accurate
assessment
of a lesson's
effectiveness
and the
extent to
which it
achieved its
goals and
can support
the
judgment.
Teacher
makes some
specific
suggestions
about how a
lesson may
be
improved.
Teacher
makes a
thoughtful
and accurate
assessment
of a lesson's
effectiveness
and the
extent to
which it
achieved its
goals, citing
many
specific
examples to
support the
judgment.
The teacher
offers
specific
alternative
actions,
complete
with
probable
successes of
different
approaches.
4b:
Maintainin
g Accurate
Records
The teacher
has a
limited
system for
maintaining
instructional
and noninstructional
information
or the
records are
in complete
or in
disarray,
resulting in
errors and
confusion.
The teacher
has a system
for
maintaining
instructional
and noninstructional
information
that is
usually
complete and
usually in
order.
The teacher
has a system
for
maintaining
instructional
and noninstructional
information
that is
complete
and
accurate.
The records
are in order.
The teacher
has a system
for
maintaining
instructional
and noninstructional
information
is complete,
effective,
efficient, and
accurate.
Includes
student,
family, and
educator
feedback in
continuously
improving
the system.
4c:
Communic
ating with
Families
Teacher
provides
minimal
information
about the
instructional
program.
Ignores or
diminishes
concerns of
families and
takes no
action to
respond to
these issues.
Teacher
usually
provides
information
about the
instructional
program and
attempts to
address
families'
concerns
with action
and followup.
Teacher
consistently
provides
information
about the
instructional
program and
addresses
families'
concerns
promptly
and
appropriatel
y.
Teacher
consistently
provides
information
about the
instructional
program and
asks students
and families
for ways to
improve
communicati
on.
Addresses
families'
concerns
promptly and
appropriately
and provides
follow-up
when
needed.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1074 PROPOSED REGULATIONS
4d.
Contributi
ng to the
School and
District
Teacher
engages in
no
professional
developmen
t activities
to enhance
knowledge
or skill, and
makes no
effort to
share
knowledge
with others
or to assume
professional
responsibilit
ies.
Teacher
participates
in
professional
activities to a
limited
extent when
they are
convenient,
and finds
limited ways
to contribute
to the
profession.
Teacher
seeks out
opportunitie
s for
professional
development
to enhance
content
knowledge
and
pedagogical
skill and
participates
actively in
assisting
other
educators.
Teacher
seeks out
opportunities
for
professional
development
and makes a
systematic
attempt to
conduct
action
research in
the
classroom.
Teacher
initiates
important
activities to
contribute to
the
profession.
Used with permission from Charlotte Danielson, President,
Princeton Education Associates
3.1.5 Domain 5: Student Improvement
LEVEL OF PERFORMANCE
COMPONENT
UNSATIS
FACTOR
Y
BASIC
PROFICI
ENT
DISTINGUISH
ED
5a:
Uses data
from the
DSTP I
school
accountabilit
y
performance
rating to help
educators
make
instructional
decisions
There is no
evidence
that DSTP
school
accountabi
lity
performan
ce rating
data
inform
planning
or impact
on
instruction
al
decisions.
There is no
evidence
of student
improvem
ent.
There is
some
evidence
that
DSTP
school
accountab
ility
performa
nce rating
data
inform
planning
or impact
on
instructio
nal
decisions.
Some
evidence
of student
improvem
ent is
found.
There is
clear
evidence
that DSTP
school
accountab
ility
performan
ce rating
data
inform
planning
and
impact on
instructio
nal
decisions.
Clear
evidence
of student
improvem
ent is
found.
There is clear
and convincing
evidence that
DSTP school
accountability
performance
rating data are
used to inform
planning and
impact on
instructional
decisions.
Clear,
consistent and
convincing
evidence of
student
improvement is
found.
5b:
Identifies
multiple
measures
and a variety
of
assessments
(e.g., DSTP I
& II, pre- &
post-testing,
performances
, porfolios,
oral
presentations
, projects) to
document
student
improveme
nt
Does not
provide
evidence
of student
improvem
ent toward
meeting
the
standards,
or
evidence
provided
shows that
students
are not
making
improvem
ent toward
standards.
Provides
limited
evidence
of some
student
improvem
ent
toward
meeting
the
standards.
Provides
clear
evidence
of student
improvem
ent toward
meeting
the
standards
using
multiple
evidence
sources
and
demonstra
ting an
understan
ding of
the use of
the data to
address
students'
instructio
nal needs.
Provides clear,
consistent and
convincing
evidence of
student
improvement
toward meeting
the standards by
providing
evidence of
student
performance
using a rich
variety of
multiple
measures and
assessments and
documenting
how the data
were used to
address
students'
instructional
needs.
5c:
Provides
evidence of
student
improvement
toward
standards
through
DSTP I & II
scores and
other sources
of data
Is unaware
of the
distributio
n in
student
achieveme
nt or
makes no
effort to
close the
gap by
addressing
the
different
needs of
individual
students or
groups of
students
within the
class.
Measurabl
e
discrepanc
ies in
student
learning
persist.
Is aware
of the
distributio
n in
student
achievem
ent and
makes a
limited
effort to
close the
gap by
addressin
g the
different
needs of
individual
students
or groups
of
students
within the
class.
The
distributio
n in
student
achievem
ent within
the class
is
beginning
to close.
Is very
aware of
the
distributio
n in
student
achievem
ent and
makes a
concerted
effort to
close the
gap by
addressin
g the
different
needs of
individual
students
or groups
of
students
within the
class.
There is
clear
evidence
that the
distributio
n in
student
achievem
ent is
being
closed.
Is proactive in
addressing the
distribution in
student
achievement
and uses
research-based
strategies to
effectively close
the gap by
addressing the
different needs
of individual
students or
groups of
students within
the class. There
is clear
evidence that
students are
achieving at
higher levels
and that the
distribution in
student
achievement is
being closed.
The teacher
provides
leadership to
colleagues in
the
identification
and use of
effective
strategies to
address the
inequitable
distribution in
student
achievement.
3.1.5.1 Pursuant to 14 Del. C. § 1270(c),
mitigating factors, including studentabsence, student
mobility, student chronic noncompliance with school rules,
chronic failure by parents to abide by the Parents'
Declaration of Responsibilities, and other factors that may
adversely affect a teacher's evaluation which include, but are
not limited to, environmental disruptions over which the
teacher has no control, an external event, such as the death or
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1075
serious injury of a student, which impacts the school or
district, as may be jointly agreed upon by the teacher and the
evaluator, must be taken into consideration in rating Domain
5, and must be included in any discussion between the
evaluator and the teacher. Scores of students who are
impacted by any of the above mitigating factors are
eliminated from consideration of a teacher's performance on
Domain 5.
3.2 Each domain shall be weighted equally in
determining an overall rating for a teacher. Using a set of
rubrics, each domain shall be rated "unsatisfactory", "basic",
"proficient", or "distinguished". An annual summative
evaluation shall be completed for each teacher, and shall
result in a rating for each domain and an overall rating of
performance.
3.2.1 A rating scale shall be used to rate each
domain, as well as to derive the overall rating of the DPAS II
evaluation. The ratings are as follows
3.2.1.1 Distinguished Performance in a
Domain -- Teachers at this level are master teachers and
make a contribution to the field, both in and outside of their
school.
3.2.1.2 Proficient Performance in a Domain --
The teacher clearly understands the concepts underlying the
domain and implements them well.
3.2.1.3 Basic Performance in a Domain --
The teacher appears to understand the concepts underlying
the component and attempts to implement its elements, but
implementation is sporadic, intermittent, or otherwise not
entirely successful.
3.2.1.4 Unsatisfactory Performance in a
Domain -- The teacher does not yet appear to understand the
concepts underlying the domain. The teacher's performance
in that domain is unacceptable, and an assistance plan shall
be developed to focus the teacher on strategies to improve
performance in the identified domain.
3.2.2 Teachers shall receive an overall rating,
annually, of "distinguished", "proficient", "basic", or
"unsatisfactory". Such rating shall be a cumulative rating,
arrived at in accordance with the procedures for overall
performance on a summative evaluation and scoring guide,
based on ratings on all five domains over the school year.
3.3 Summative Domain Ratings.
3.3.1 Distinguished Performance in a Domain
on a Summative Evaluation--The teacher receives no
unsatisfactory or basic ratings within that same domain for
all formative materials being considered for the domain, and
an overall score for that domain greater than 2.5, when
averaging the score for that domain on all formative
materials being considered for the summative evaluation
(with each distinguished domain being assigned a score of 3,
each proficient domain a score of 2, each basic domain a
score of 1 and each unsatisfactory domain a score of zero).
3.3.2 Proficient Performance in a Domain on a
Summative Evaluation --The teacher receives no
unsatisfactory ratings within that same domain for all
formative materials being considered for the domain, and an
overall score for that domain greater than 1.5, when
averaging the score for that domain on all formative
materials being considered for the summative evaluation
(with each distinguished domain being assigned a score of
3, each proficient domain a score of 2, each basic domain a
score of 1 and each unsatisfactory domain a score of zero).
3.3.3 Basic Performance in a Domain on a
Summative Evaluation -- The teacher receives an overall
score for that domain greater than .5 when averaging the
score for that domain on all formative materials being
considered for the summative evaluation (with each
distinguished domain being assigned a score of 3, each
proficient domain a score of 2, each basic domain a score of
1 and each unsatisfactory domain a score of zero).
3.3.4 Unsatisfactory Performance in a Domain
on a Summative Evaluation--The teacher receives an overall
score for that domain less than or equal to .5 when averaging
the score for that domain on all formative materials being
considered for the summative evaluation (with each
distinguished domain being assigned a score of 3, each
proficient domain a score of 2, each basic domain a score of
1 and each unsatisfactory domain a score of zero).
3.4 Overall Performance on a Summative Evaluation.
3.4.1 Distinguished Performance on a
Summative Evaluation -- The teacher receives at least three
distinguished ratings and no unsatisfactory or basic ratings
among the five domains of the summative evaluation.
3.4.2 Proficient Performance on a Summative
Evaluation -- The teacher receives at least three proficient or
higher ratings, no more than two basic ratings and no
unsatisfactory ratings among the five domains of the
summative evaluation and does not meet the criteria for a
distinguished rating.
3.4.3 Basic Performance on a Summative
Evaluation -- The teacher receives at least four ratings of
basic or higher, and no more than one unsatisfactory rating
among the five domains of the summative evaluation and
does not meet the criteria for a proficient or a distinguished
rating.
3.4.4 Unsatisfactory Performance on a
Summative Evaluation -- The teacher receives two or more
unsatisfactory ratings in the five domains of the summative
evaluation.
3.4.5 Summative Evaluation Scoring Guide
3.4.5.1 Evaluators use the summative
evaluation scoring guide set forth below to derive an overall
summative rating for the teacher evaluation.
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1076 PROPOSED REGULATIONS
Number
of
Distingu
ished
Domain
s
Number
of
Proficien
t
Domains
Number
of
Basic
Domains
Number of
Unsatisfac
tory
Domains
Overall Summative
Rating
5 0 0 0 Distinguished
4 1 0 0 Distinguished
3 2 0 0 Distinguished
4 0 1 0 Proficient
3 1 1 0 Proficient
3 0 2 0 Proficient
2 3 0 0 Proficient
2 2 1 0 Proficient
2 1 2 0 Proficient
1 4 0 0 Proficient
1 3 1 0 Proficient
1 2 2 0 Proficient
0 5 0 0 Proficient
0 4 1 0 Proficient
0 3 2 0 Proficient
4 0 1 Basic
3 0 1 Basic
3 1 1 Basic
2 0 1 Basic
2 1 1 Basic
2 3 0 Basic
2 2 1 Basic
1 0 1 Basic
1 1 1 Basic
1 3 0 Basic
1 2 1 Basic
1 3 1 Basic
0 1 1 Basic
0 3 0 Basic
0 2 1 Basic
0 4 0 Basic
0 3 1 Basic
0 5 0 Basic
0 4 1 Basic
0
1
0
2
1
0
0
3
2
1
1
0
3
2
2
1
1
0
0
3 0 0 2 Unsatisfactory
2 1 0 2 Unsatisfactory
2 0 1 2 Unsatisfactory
2 0 0 3 Unsatisfactory
1 2 0 2 Unsatisfactory
1 1 1 2 Unsatisfactory
1 0 2 2 Unsatisfactory
1 0 1 3 Unsatisfactory
1 0 0 4 Unsatisfactory
0 3 0 2 Unsatisfactory
0 2 1 2 Unsatisfactory
0 2 0 3 Unsatisfactory
0 1 2 2 Unsatisfactory
0 1 1 3 Unsatisfactory
0 1 0 4 Unsatisfactory
0 0 3 2 Unsatisfactory
0 0 2 3 Unsatisfactory
0 0 1 4 Unsatisfactory
0 0 0 5 Unsatisfactory
3.5 Pattern of IneffectiveTeaching.
3.5.1 A novice teacher receives a summative
evaluation with an overall rating of unsatisfactory
performance for a period of two consecutive years.
3.5.2 An experienced teacher receives
summative evaluations with an overall rating of
unsatisfactory performance for two consecutive years.
3.5.3 An experienced teacher receives
summative evaluations with an overall rating of basic or any
combination of basic and unsatisfactory for three
consecutive years.
3.5.4 The provisions in 3.5.3 do not apply to an
experienced teacher who changes grade level or content area
for the first year in a new position.
3.5.5 When a pattern of ineffective teaching is
established, a local school district may move to terminate a
teacher, as defined by 14 Del. C.,§ 1401, for incompetency
pursuant to 14 Del. C., § 1411 or §1420.
4.0 Procedures for Novice Teachers.
4.1 Novice teachers shall be observed a minimum of
two (2) times each year during the three-year term of the
Initial License. A classroom observation for teachers is a
means of collecting some of the data required to analyze a
lesson and to assess performance, and generally lasts for the
entire class period. The classroom observation will assess
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PROPOSED REGULATIONS 1077
Domain One, Planning and Preparation; Domain Two, The
Classroom Environment; and Domain Three, Instruction.
The evaluator is not required to assess every component of a
domain in the course of an observation. The two required
observations shall be announced and shall be preceded by a
pre-observation planning conference between the evaluator
and the teacher. Additional observations may be initiated at
the discretion of the evaluator, and may be announced or
unannounced. Unannounced observations shall follow the
same procedures set forth for announced observations, with
the exception of completion of the pre-observation form by
the teacher and the pre-observation conference. The report
of each observation shall rate each component
"distinguished", "proficient", "basic", or "unsatisfactory".
4.1.1 The pre-observation conference form shall
be completed by the teacher prior to the pre-observation
conference. Two copies shall be brought to the conference.
The pre-observation conference form shall form the basis for
the pre-observation conference. The pre-observation
conference shall be held at a mutually agreed upon time prior
to the date of the scheduled observation.
4.1.2 Within two (2) working days following
each observation, the evaluator shall meet with the teacher to
discuss the observation and to provide feedback regarding
strengths and identified areas for growth. The evaluator may
seek clarification or request that additional information or
data be shared to address any questions raised during the
observation.
4.1.3 Within two (2) working days of the postobservation
conference, the evaluator shall provide the
teacher with a concise written narrative, using the approved
DPAS II lesson analysis forms, which describes
performance for each domain, and which focuses on the
behaviors in that domain, as described in the accompanying
rubric. The report of each observation shall rate each domain
"distinguished", "proficient", "basic", or "unsatisfactory".
The teacher may submit a lesson analysis report response
form within ten days of receipt of the report, which shall be
appended to the lesson analysis report.
4.1.4 Although it is anticipated that the written
narrative report will closely mirror the information shared at
the post-observation conference, an additional conference
may be requested by either the teacher or the evaluator
following receipt of the written narrative. Such request must
be honored.
4.1.5 If any domain is rated unsatisfactory, an
assistance plan shall be developed in accordance with the
procedures set forth in this regulation.
4.2 In addition to the observations and the pre- and
post-conferences associated with them, a professional
responsibilities conference shall be held annually with the
novice teacher. The professional responsibilities conference
will generate data for assessing Domain Four, Professional
Responsibilities; and Domain Five, Student Improvement.
That conference shall focus on evidence of directed
professional growth generated through the induction
program, DSTP school accountability performance rating,
artifacts of student learning provided by the teacher, and
artifacts as specified for novice teachers. Within two (2)
working days following the conference, the evaluator shall
provide the teacher with a concise narrative using the
approved DPAS II professional responsibilities and student
improvement report form, which shall rate each domain as
"distinguished", "proficient", "basic", or "unsatisfactory".
The teacher may submit a professional responsibilities and
student improvement report response form within ten (10)
days of receipt of the report, which shall be appended to the
professional responsibilities and student improvement
report. An additional conference may be requested by either
the teacher or the evaluator following receipt of the written
narrative. Such request must be honored.
4.3 The evaluator shall complete an annual summative
evaluation, using the approved DPAS II summative
evaluation form, which draws upon all of the information
gathered through observations and conferences, and which
includes external measures of student learning. The
summative evaluation shall result in an overall rating of
"distinguished", "proficient", "basic", or "unsatisfactory".
This evaluation shall be provided to the teacher. The teacher
may submit a summative evaluation response form within
ten (10) days of receipt of the evaluation, which shall be
appended to the summative evaluation. A conference may
be requested by either the evaluator or the teacher to discuss
the summative evaluation. Such request must be honored.
4.4 An annual summative evaluation which results in
an overall rating of unsatisfactory shall require the
development of an assistance plan, as set forth in 6.0 of this
regulation, if one has not already been developed as a result
of a previous observation report. In the event an assistance
plan already exists, it shall be thoroughly reviewed and
revised, as necessary, to address the unsatisfactory aspects of
the teacher's performance.
4.5 Evaluators and teachers being evaluated shall sign
all evaluation forms indicating that the documents have been
reviewed.
4.6 Nothing in the foregoing restricts the evaluator
from conducting more than the minimum prescribed
observations. Additional observations conducted at the
discretion of the evaluator may be announced or
unannounced.
5.0 Procedures for Experienced Teachers.
5.1 Experienced teachers shall receive a minimum of
one (1) announced observation, one (1) professional
responsibilities conference, and a summative evaluation
annually, unless waived pursuant to 14 Del. C., §1270.
Additional observations, announced or unannounced, may
be conducted as deemed appropriate by the evaluator.
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1078 PROPOSED REGULATIONS
Unannounced observations shall follow the same procedures
set forth for announced observations, with the exception of
completion of the pre-observation form by the teacher and
the pre-observation conference. The classroom observation,
which generally lasts for the entire class period, will assess
Domain One, Planning and Preparation; Domain Two, The
Classroom Environment; and Domain Three, Instruction.
The evaluator is not required to assess every component of a
domain in the course of an observation. The report of each
observation shall rate each component "distinguished",
"proficient", "basic", or "unsatisfactory".
5.1.1 The pre-observation conference form shall
be completed by the teacher prior to the pre-observation
conference. Two copies shall be brought to the conference.
The pre-observation conference form shall form the basis for
the pre-observation conference. The pre-observation
conference shall be held at a mutually agreed upon time prior
to the date of the scheduled observation.
5.1.2 Within two (2) working days following
each observation, the evaluator shall meet with the teacher to
discuss the observation and to provide feedback regarding
strengths and identified areas for growth. The evaluator may
seek clarification or request that additional information or
data be shared to address any questions raised during the
observation.
5.1.3 Within two (2) working days of the postobservation
conference, the evaluator shall provide the
teacher with a concise written narrative, using the approved
DPAS II lesson analysis forms, which describes
performance for each domain, and which focuses on the
behaviors in that domain, as described in the accompanying
rubrics. The report of each observation shall rate each
domain "distinguished", "proficient", "basic", or
"unsatisfactory". The teacher may submit a lesson analysis
report response form within ten (10) days of receipt of the
report, which shall be appended to the lesson analysis report.
5.1.4 Although it is anticipated that the written
narrative report will closely mirror the information shared at
the post-observation conference, an additional conference
may be requested by either the teacher or the evaluator
following receipt of the written narrative. Such request must
be honored.
5.1.5 In addition to the observations and the preand
post-conferences associated with them, a professional
responsibilities conference shall be held annually with the
experienced teacher. The professional responsibilities
conference will generate data for assessing Domain Four,
Professional Responsibilities, and Domain Five, Student
Improvement. That conference shall focus on evidence of
professional development, DSTP school accountability
performance rating, artifacts of student learning provided by
the teacher, and sharing of professional development
artifacts. The evaluator shall provide the teacher with a
concise written narrative, using the approved DPAS II
professional responsibilities and student improvement report
form, which shall rate each domain as "distinguished",
"proficient", "basic", or "unsatisfactory". The teacher may
submit a professional responsibilities and student
improvement report response form within ten (10) days of
receipt of the report, which shall be appended to the
professional responsibilities and student improvement
report. An optional conference following the completion of
the rubrics for Domains 4 and 5 may be requested by either
the teacher or the evaluator. Such request must be honored.
5.2 The evaluator shall complete an annual summative
evaluation, using the approved DPAS II summative
evaluation form, which draws upon information gathered
through observation(s) and conferences, which includes
external measures of student learning, and which includes
evidence gathered from the artifact review. The summative
evaluation shall result in an overall rating of "distinguished",
"proficient", "basic", or "unsatisfactory". The teacher may
submit a summative evaluation response form within ten
(10) days of receipt of the evaluation, which shall be
appended to the summative evaluation.
5.3 If any domain of a summative evaluation is rated
unsatisfactory, an
assistance plan shall be developed in accordance with 6.0 of
this regulation.
5.4 An annual summative evaluation which results in
an overall rating of unsatisfactory or basic shall require the
development of an assistance plan, if one has not already
been developed as a result of a previous observation report.
In the event an assistance plan already exists, it shall be
thoroughly reviewed and revised, as necessary, to address
the unsatisfactory nature of the teacher's performance. The
criteria set forth in an assistance plan must be designed to
result in an overall summative rating of "proficient" at the
satisfactory conclusion of the assistance plan.
5.5 Experienced teachers who receive an overall rating
of "proficient" or "distinguished" may be granted a waiver
from the required observation for one year. During the year
in which the waiver is in effect, the experienced teacher shall
engage in self-directed professional development related to
the teacher's assignment and the Delaware Teacher
Standards. The professional development plan shall be in
writing and shall focus around the five domains. During the
waiver year, a professional responsibilities conference shall
take place to review progress on the professional
development plan. In the event that a situation or concern,
which shall include, but is not limited to, classroom
management problems, inadequate planning, an
inappropriate classroom environment, or failure to engage in
professional responsibilities, arises during the year for which
the waiver is granted, the evaluator may conduct
observations, announced or unannounced.
5.6 Evaluators and teachers being evaluated shall sign
all evaluation forms
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1079
indicating that the documents have been reviewed.
5.7 Nothing in the foregoing restricts the evaluator
from conducting more than the minimum prescribed
observations. Additional observations conducted at the
discretion of the evaluator may be announced or
unannounced.
5.8 Experienced teachers with previous satisfactory
evaluations on DPAS I shall be deemed to have been rated
"proficient" and shall be eligible for a one year waiver in the
year following the designation of the rating of "proficient".
For the purposes of implementation of DPAS II, teachers so
rated may be assigned by the building administrator to a
waiver year or to a summative evaluation year.
6.0 The goal of an assistance plan is to provide a structured
vehicle to assist a novice teacher whose performance is
unsatisfactory to improve performance to at least a basic
level and to assist an experienced teacher whose
performance is unsatisfactory or basic to improve
performance to a proficient level. An assistance plan shall
be developed for a novice teacher whose performance
overall or in any domain on the annual DPAS II summative
evaluation is rated as "unsatisfactory". An assistance plan
shall be developed as a result of an unsatisfactory or basic
rating on any domain during the gathering of evidence for a
summative evaluation. An assistance plan shall be
developed for an experienced teacher who receives an
overall rating of "unsatisfactory" or "basic" for one year. If
an assistance plan already exists in any of the above
instances, it shall be thoroughly reviewed and revised, as
necessary, to address the basic or unsatisfactory nature of the
teacher's performance. Recommendations for assistance
may be written as a result of an unsatisfactory rating on any
component of any domain in the evaluation process.
6.1 Assistance plans must include the following:
6.1.1 Definition of the specific deficiencies,
which must be stated in terms of DPAS II rubrics for
evaluating the identified domains.
6.1.2 Measurable goals for improving the
deficiencies to satisfactory levels. All goals must be directly
linked to the Delaware Professional Teaching Standards and
DPAS II rubrics for evaluating the identified domain(s) and
component(s).
6.1.3 Clear and specific professional
development activities (i.e., intervention strategies that relate
to the goals and objectives).
6.1.4 Resources for each professional
development activity must be identified and made accessible
to the educator. Such resources may include, but are not
limited to, opportunities for the teacher to work with
mentors, curriculum specialists, and veteran teachers to
implement the assistance plan.
6.1.5 Evidence that must be provided and
behaviors that must be demonstrated at the end of the plan.
These expectations must be stated in terms of DPAS II
rubrics for evaluating the identified domain(s) and
component(s).
6.1.6 Procedures for evaluating and
documenting improvement.
6.1.7 Timelines, including intermediate progress
check-points and a final completion date, must be specified.
These dates may be adjusted by mutual agreement of the
teacher and the evaluator during the assistance plan process.
6.1.8 A record of judgment of satisfactory or
unsatisfactory completion of the assistance plan and the date
completed, signed by the teacher and the evaluator. In the
event that a judgment of unsatisfactory completion is made,
follow-up procedures shall be set forth by the evaluator to
address the teacher's continued deficiencies.
6.2 Assistance Plan Process. There is an expectation of
mutual development of the assistance plan by the evaluator
and the teacher. Both the evaluator and the educator
complete a preliminary assistance plan, which they meet to
review and develop a final, mutually agreed upon plan. In
the event that consensus cannot be reached between the
evaluator and the teacher, the evaluator will develop the
assistance plan, which the teacher must follow.
7.0 School districts and charter schools shall follow the
procedures and use forms and software developed by the
Department for implementation of DPAS II.
8.0 Challenge Process: A teacher may challenge the fairness
of the evaluation process and the conclusions reached in the
DPAS II evaluation.
8.1 A Level I challenge applies to all challenges
brought by novice teachers, and to all challenges brought by
experienced teachers, except those involving an
unsatisfactory or basic overall rating on a summative
evaluation.
8.1.1 A teacher may initiate a Level I challenge
by filing a DPAS II Level I challenge form with the
evaluator within 10 calendar days of receiving the written
evaluation. The challenge shall set forth the grounds for the
challenge in reasonable detail and shall identify the remedy
sought.
8.1.2 Within 10 calendar days of receipt of the
challenge form, the evaluator shall provide a written
response and, if the remedy is granted, the revised evaluation
document shall replace the challenged document. If the
remedy sought is denied, the evaluator must state the reasons
for the denial.
8.1.3 If the teacher is not satisfied with the
decision of the evaluator, he/she may forward the challenge
form and supporting documentation to the district
superintendent or charter school administrator or designee
for review. The superintendent or charter school
administrator or designee shall be a trained, certified
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1080 PROPOSED REGULATIONS
evaluator and shall not be a building level administrator in
the same building as the teacher who filed the challenge.
8.1.4 Within 10 calendar days of receipt of the
challenge form and supporting documentation, the district
superintendent or charter school administrator or designee
shall provide a written response either supporting or not
supporting the challenge. If the remedy sought is granted,
the revised evaluation document replaces the challenged
document.
8.1.5 The decision of the district superintendent
or charter school administrator or designee shall be final.
8.2 A Level II challenge applies only to challenges
brought by experienced teachers involving an unsatisfactory
or basic overall rating on a summative evaluation.
8.2.1 A teacher may initiate a Level II challenge
by filing a DPAS II Level II challenge form with the district
superintendent or charter school administrator or designee
within 10 calendar days of the summative evaluation post
conference. The challenge shall set forth the grounds for the
challenge in reasonable detail and shall identify the remedy
sought. The district superintendent or charter school
administrator or designee shall be a trained, certified
evaluator and shall not be a building level administrator in
the same building as the teacher who filed the challenge.
8.2.2 Within 10 calendar days of receipt of the
challenge, the district superintendent or charter school
administrator or designee shall hold an informal hearing on
the merits of the challenge, unless extensions are mutually
agreed upon. At the hearing, the parties may be represented
by an individual of their choice, may present evidence, and
may call witnesses. The district superintendent or charter
school administrator or designee shall provide a written
decision to both parties within 10 days of the hearing.
8.2.3 The decision of the district superintendent
or charter school administrator or designee shall be final.
9.0 Evaluators must be certified in accordance with
regulations for credentialing for evaluators promulgated by
the Standards Board and administered by the Department.
Prior to conducting evaluations, evaluators must provide
evidence of satisfactory completion of the specified training
program and shall demonstrate competency as evaluators.
Credentialing as an evaluator is renewable every five years.
10.0 Pilot of the Delaware Performance Appraisal
System II.
10.1 The Delaware Performance Appraisal System
II is a comprehensive system of evaluation and quality
assurance for educators. It represents current research and
best practice. A pilot will be conducted during the 2003-04
school year to determine:
10.1.1 The effectiveness and adequacy of the
training.
10.1.2 The application of the evaluation process.
10.2 The pilot will take place in a minimum of three
school districts, one in each county. In order to gather
sufficient data from the pilot, a pilot district must agree to
participate with all schools and all educators, including
teachers, specialists and administrators.
10.3 The Department will provide training prior to
the implementation of the pilot to three educators, one of
whom shall be an administrator and two of whom shall be
teachers or specialists from each school within each pilot
district. For schools with more than 40 teachers and
specialists, one additional teacher for each 25 teachers
beyond 40 shall be included in the training. In addition, one
district administrator for each 15 administrators employed
by each pilot district shall be included in the training.
10.4 The educators trained in each pilot district shall
train all educators in the district in Enhancing Professional
Practice: A Framework for Teaching, the expectations of
the system, and the DPAS II process.
10.5 All teachers in each pilot district shall
participate in the DPAS II pilot, except those teachers who
have been placed on an improvement plan pursuant to the
provisions of DPAS I (14 DE Admin. Code 110).
10.5.1 Teachers on an improvement plan
pursuant to DPAS I shall be evaluated using DPAS I during
the pilot period.
10.6 Evaluations conducted as part of the DPAS II
pilot shall be considered official evaluations, except that, in
the event a teacher evaluated as part of the DPAS II pilot
receives an unsatisfactory rating on any domain of DPAS II
or on an annual summative evaluation which results in the
development of an assistance plan, the teacher will be placed
on an improvement plan under DPAS I and any subsequent
evaluations conducted during the pilot period shall be
conducted in accordance with the provisions of DPAS I. An
experienced teacher who receives an overall summative
rating of basic during the pilot year shall have an assistance
plan developed in accordance with the procedures set forth
in 6.0 of this regulation. An overall rating of unsatisfactory
or basic performance during the pilot year cannot be used in
establishing a pattern of ineffective teaching.
10.7 The Department shall collect data from the
participating school districts on the effectiveness of the
training and of the efficiency and effectiveness of the
evaluation process, including the demands of time on both
the evaluators and the teachers. Data will be collected from
the pilot districts at least twice during the pilot period. No
later than June 1, 2004, data collected will be analyzed by
the Department to determine modifications and/or revisions
to the system to be recommended to the Standards Board
prior to statewide implementation.
11.0 DPAS II will be implemented in all school districts
and charter schools in September, 2004.
11.1 Prior to implementation, the Department shall
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PROPOSED REGULATIONS 1081
provide training using the formula set forth in 10.3 above, or
such alternative as may be developed as the result of the
DPAS II pilot.
11.2 The Department shall implement a monitoring
system for DPAS II to ensure that on-going training is
provided to new teachers and evaluators, that all evaluators
are properly trained and credentialed, and to ensure that all
districts and charter schools are employing DPAS II in
accordance with this regulation.
1503 Regulation Delaware Performance Appraisal
System For Specialists
1.0 The Delaware Performance Appraisal System (DPAS
II) for Specialists is a system for evaluating the performance
of specialists and for promoting professional growth of
specialists. In accordance with 14 Del. C. § 1270, this
regulation shall be applied to all specialists, who are
employed by a Delaware public school, including charter
schools, who hold a license issued under the provisions of
Chapter 12 of Title 14 of the Delaware Code.
2.0 Definitions: The following words and terms, when used
in this regulation, shall have the following meaning unless
the context clearly indicates otherwise:
"Artifact" means material(s) that the specialist has
developed to engage students in learning or to support
student learning relative to appropriate goals, and includes
assignments, activities, projects, and assessments.
"Assistance Plan" means an improvement plan which
identifies deficiencies in a specialist's performance and
defines activities required to improve the deficiencies to a
basic or proficient level for novice specialists, and to a
proficient level for experienced specialists.
"Basic" means performance characteristic of novice
specialists. The performance is inconsistent or uneven. The
specialist knows what to do, but cannot consistently act upon
this knowledge.
"Basic performance in a domain" means the specialist
appears to understand the concepts underlying the
component(s) and attempts to implement its elements, but
implementation is sporadic, intermittent, or otherwise not
entirely successful.
"Basic performance on a summative evaluation"
means the specialist receives at least four ratings of basic or
above and no more than one unsatisfactory rating among the
five domains under the summative evaluation.
"Conclusions" means any determination of a
specialist's performance as distinguished, proficient, basic or
unsatisfactory.
"Component", as used herein, means one of the
sections of a domain, as set forth in A Framework for
Teaching, upon which a specialist is evaluated, as
distinguished from component as it is used in 14 Del. C. §
1270, where it means a major section or domain of the
DPAS II system.
"Chronic failure by parents to abide by the Parents'
Declaration of Responsibilities" means multiple failures by
parents to respond to communications from specialists or
other school officials and/or failure to attend conferences as
requested.
"Delaware Performance Appraisal System II"
(DPAS II) means the educator evaluation system developed
and implemented pursuant to 14 Del. C. § 1270.
"Delaware Professional Teaching Standards" means
standards of teaching approved by the State Board, as per 14
Del. Admin. Code 393, Delaware Professional Teaching
Standards.
"Department" means the Delaware Department of
Education.
"Distinguished" means performance characteristic of
master specialists. Distinguished specialists are highly
responsive to the needs of students and foster a high degree
of autonomy in their students who take responsibility for
their learning.
"Distinguished performance in a domain" means that
the specialist is a master specialist and makes a contribution
to the field, both in and outside of their school.
"Distinguished performance on a summative
evaluation" means the specialist receives at least three
distinguished ratings, no more than two proficient ratings, no
more than one basic rating and no unsatisfactory ratings
among the five domains of the summative evaluation.
"Distribution in student achievement" means the
distribution of scores among all students, including those
scores disaggregated by income level, gender, race, special
education status, and limited English porficiency.
"Domain" means one of the sections of the Delaware
Performance Appraisal System II and, as used herein, means
the same as component in 14 Del. C.§1270 (c).
"DPAS II" means the Delaware Performance Appraisal
System II.
"DSTP" means the Delaware Student Testing Program,
and includes DSTP I (reading, writing, and mathematics in
grades 3, 5, 8, and 10 and science and social studies in
grades 4, 6, 8, and 11), and DSTP II (reading, writing, and
mathematics in grades 2, 4, 6, 7, and 9) and work sampling at
grades K and 1).
"Educator" means a public school employee who holds
a license issued under the provisions of 14 Del. C., Chap. 12,
and includes teachers, specialists, and administrators, and as
otherwise defined by the Standards Board and State Board,
but does not include substitute teachers.
"Evaluator" means an individual or a team who has the
credentials to appraise specialist performance, as set forth in
the rules and regulations promulgated under 14 Del. C, §
1271.
"Experienced specialist" means a specialist with three
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1082 PROPOSED REGULATIONS
or more years of experience in Delaware who holds a
continuing or an advanced license.
"Frameworks for Teaching" means a framework of
professional practice for teaching as set forth in Enhancing
Professional Practice (Danielson, 1996).
"Mitigating factors" means factors set forth in 14 Del.
C. § 1270(c) which must be taken into consideration in
measuring student improvement and which include student,
absence, student mobility, student chronic noncompliance
with school rules, chronic failure by parents to abide by the
Parents' Declaration of Responsibilities and other factors
that may adversely affect a specialist's evaluation.
"Multiple measures" means student performance on
district administered tests pursuant to 14 Del. C. § 253(3)(1),
student performance assessments, such as end-of-unit and
end-of-course assessments, student classroom work
products, and classroom grades supported by evidence of
student work that demonstrates a student's performance.
"Novice specialist" means a specialist with up to three
years of experience or new to Delaware.
"Other factors that may adversely affect a
specialist's evaluation" include, but are not limited to,
environmental disruptions over which the teacher has no
control, an external event, such as the death or serious injury
of a student, which impacts the class, as may be jointly
agreed upon by the specialist and the evaluator.
"Overall performance rating" means a summative
rating of a specialist's performance on DPAS II.
"Pattern of ineffective practice for experienced
specialists" means an overall rating of unsatisfactory
performance on a summative evaluation for a period of two
consecutive years or an overall rating of basic or any
combination of basic and unsatisfactory performance on a
summative evaluation for three consecutive years.
"Pattern of ineffective practice for novice specialists"
means a pattern of unsatisfactory performance on the DPAS
II summative evaluation for a period of two consecutive
years.
"Professional development activities" means activities
designed to enhance knowledge and skill to promote
continuous professional growth and to improve specialist
performance.
"Proficient" means the specialist clearly understands
the concepts underlying the domain and implements them
well.
"Proficient performance in a domain" means the
specialist clearly understands the concepts underlying the
domain and implements them well.
"Proficient performance on a summative evaluation"
means the specialist receives at least three proficient or
higher ratings, no more than two basic ratings and no
unsatisfactory ratings among the five domains of the
summative evaluation and does not meet the criteria for a
distinguished rating.
"School accountability performance rating" means
the official accountability rating assigned to the school
pursuant to 14 Del. C. § 154.
"Secretary" means the Secretary of the Delaware
Department of Education.
"Specialist" means a certificated/licensed professional
who works in the public schools as part of the school team,
provides expertise and delivers professional services to
students, teachers, staff and/or families. Guidance
counselors, instructional support specialists, library media
specialists, school psychologists, school nurses, student
support specialists, and therapeutic services specialists are
considered specialists for the purposes of evaluation under
the DPAS II system.
"Standards Board" means the Professional Standards
Board established pursuant to 14 Del. C, § 1201.
"State Board" means the State Board of Education of
the State of Delaware established pursuant to 14 Del. C, §
104.
"Student absence" means a student misses more than
15% of class time in a school year.
"Student chronic noncompliance with school rules"
means two or more documented violations of the code of
conduct in the setting of the specialist being evaluated which
disrupt the learning environment.
"Student improvement" means growth over time on
the DSTP and other assessment measure toward curriculum
standards, as jointly determined by evaluators and
specialists.
"Student mobility" means a student attends one school
for less than 91 days in a school year.
"Summative evaluation" means a collection of evidence
which results in a summary of a specialist's performance
over time.
"Unsatisfactory" means the specialist does not yet
appear to understand the concepts underlying the
component.
"Unsatisfactory performance" means an
unsatisfactory rating on a domain of DPAS II.
"Unsatisfactory performance in a domain" means the
specialist does not yet appear to understand the concepts
underlying the domain. The specialist's performance in that
domain is unacceptable.
"Unsatisfactory performance on a summative
evaluation" means a specialist receives two or more
unsatisfactory ratings in the five domains of the summative
evaluation.
"Variety of assessments" means pre- and post-testing,
DSTP pm-line scores, performances, portfolios, oral
presentations, and projects appropriate to the content being
assessed.
3.0 Delaware Performance Appraisal System (DPAS II) for
Specialists:
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PROPOSED REGULATIONS 1083
There shall be five (5) domains to the Delaware be included in the external measures of student
Performance Appraisal System (DPAS II) for Specialists. improvement.
Pursuant to 14 Del. C. § 1270(c), the fifth domain is based 3.1 A Framework for Specialists: Guidance Counselors
on student improvement, and includes both external and 3.1.1 Domain 1: Planning and Preparation
internal measures of student improvement. The DSTP shall
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
1a
Demonstrating
knowledge of
research
Displays little understanding
of prerequisite knowledge
important for the counseling
process.
Indicates some
awareness of prerequisite
learning although such
knowledge may be
incomplete or inaccurate.
Plans and practices reflect
understanding of
prerequisite relationships
among counseling topics
and concepts.
Actively builds on knowledge of
prerequisite relationships when
describing counseling process or
seeking causes for
misunderstanding.
1b
Demonstrating
knowledge of
standards of
practice
Does not adhere to National
School Counseling standards
or ethical standards,
including confidentiality
Is aware of the National
School Counseling
Standards and the ethical
standards, including
confidentiality
Consistently adheres to
the National School
Counseling Standards and
the ethical standards and
respects confidentiality
Promotes the National School
Counseling Standards and ethical
standards with staff and
community
1c
Demonstrating
knowledge of
student
development
Counselor displays little
knowledge of developmental
stages of students.
Counselor displays some
understanding of
developmental stages of
students.
Counselor displays
accurate knowledge of
typical developmental
characteristics of students
as well as exceptions to
that development and can
apply these.
Counselor displays thorough
knowledge of typical
developmental characteristics of
students and exceptions to that
development. Counselor
additionally displays thorough
knowledge of internal and external
influences that may inhibit or
enhance that development.
1d
Demonstrating
knowledge of
student needs
Displays little knowledge of
students' needs.
Displays some knowledge of
students' needs.
Displays accurate knowledge
of students' needs and
presents the resources for
students to address these
needs.
Displays accurate knowledge of
students' needs and accesses the
resources to work with students to
fulfill those needs.
1e
Designing coherent
programs based on
state standards
Little or no components of
program are designed or
based on the state counseling
standards and is
inappropriate based on
students' age, needs, and
background.
Minimal components of
program are designed or
based on state counseling
standards and is minimally
appropriate based on
students' age, needs, and
background.
Program is designed and
based on state counseling
standards and is appropriate
based on students' age, needs,
and backgrounds.
Takes a leadership role in designing
programs based on state counseling
standards and is appropriate based on
students' age, needs, and background.
3.1.2 Domain 2: Professional Practice and
Delivery of Service
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
2a
Implementing
developmentally
appropriate
programs
Program is inappropriate for
students in terms of their age,
needs, or backgrounds.
Some components of the
program are based on state
counseling standards and are
appropriate to students' age,
needs, and background but
others are not.
Program components are
based on state counseling
standards and are
appropriate to students'
age, needs, and
backgrounds and students
are actively engaged.
Presentations are made to the
staff and community to advocate
for programming and needs.
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1084 PROPOSED REGULATIONS
2b
Evaluating
programs
Does not know if the program
is effective or has achieved its
goals. No evaluation tools are
in place.
Has a generally accurate
impression of the program's
effectiveness and the extent to
which goals were met.
Minimal evaluation tools
were used.
Makes an accurate
assessment of the
program's effectiveness
and the extent to which it
achieved its goals and
utilizes evaluation tools to
support state standards.
Program effectiveness is
assessed and changes made after
surveying students, staff,
parents and community on a
regular basis.
2c
Providing a
culture
conducive to
learning
Is not involved in developing
or supporting programs that
convey expectations for all
students to succeed in school.
Is sometimes involved in
developing programs that
some-times convey positive
regard for students and
expectations that students will
be successful in school.
Is involved in developing
services and programs that
convey an attitude of
positive regard and which
expect all students to be
successful in school.
Is involved in developing
programs that convey an attitude
of positive regard and expects
all students to be successful in
school. Counselor takes a
leadership role in promoting a
unified school climate.
2d
Monitoring
student
educational
progress
Does not monitor student
progress in meeting state
counseling standards, DSTP
standards, and graduation
requirements.
Does some monitoring of
student progress in meeting
state counseling standards,
DSTP standards, and
graduation requirements.
Monitors student progress
in meeting state
counseling standards,
DSTP standards, and
graduation requirements.
Takes on active, proactive
stance in monitoring student
progress in meeting state
counseling standards, DSTP
standards, and graduation
requirements.
2e
Providing brief
counseling
sessions
Demonstrates little or no
rapport with students to work
together, individually or in
small groups, on student issues
and needs.
Demonstrates minimal
rapport with students to work
together, individually or in
small groups, on student
issues, needs, or goals.
Demonstrates rapport with
students to work together,
individually or in small
groups, on student issues,
needs, or goals.
Demonstrates exceptional
rapport with all students to work
together, individually or in small
groups, on student issues, needs,
or goals and utilizes
professional contact and
referrals as appropriate.
3.1.3 Professional Collaboration and
Consultation
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
3a
Communicating
effectively
Spoken language is inaudible
or written language is
illegible. Spoken or written
language may contain many
grammar and syntax errors.
Vocabulary may be
inappropriate, vague, or used
incorrectly, leaving listeners
confused. Counselor does not
provide written
communication to students,
staff and families.
Spoken language is audible
and written language is
legible. Both are used
correctly. Vocabulary is
correct but limited or is not
appropriate to listeners' age,
background, or level of
understanding. Counselor
provides some written
communication to students,
staff, and families.
Spoken and written
language is clear and
correct. Vocabulary is
appropriate to listeners'
age, background, and
level of understanding.
Counselor has a variety of
written ways to
communicate with
students, staff, and
families.
Spoken and written language is
correct and expressive, with
well-chosen vocabulary that
enriches discussion and
anticipates possible
misunderstanding.
Counselor uses multi media to
communicate with students,
staff, families and
communities.
3b
Promoting
partnerships with
parents, educators,
and communities
Does not communicate or
partner with educators,
families, or the community.
Makes a limited attempt to
participate in partnerships
with educators, families, and
the community.
Creates partnerships with
educators, families, and
the community and
acknowledges he various
influences that affect
students' wellness,
learning, and
achievement.
Creates partnerships with
educators, families, and the
community, acknowledging the
various influences that affect
students' wellness, learning,
and achievement. Additionally,
the counselor uses an extensive
repertoire of strategies and
resources to respond to the
various influences.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1085
3c
Developing
collaborative
service delivery to
improve student
achievement
Does not work with others
(faculty, parents, agencies) to
improve student achievement.
Does some work with others
(faculty, parents, agencies) to
improve student achievement.
Works with others
(faculty, parents,
agencies) to improve
student achievement.
Consistently works with others
(faculty, parents, agencies) to
improve student achievement.
3d
Demonstrating
flexibility and
responsiveness
Adheres rigidly to a program
even when a change will
clearly make an improvement.
Rarely attempts to adjust the
program to address the needs
of the school and community.
Attempts to adjust the
program to address the
needs of the school and
community.
Frequently makes adjustments
to program to address the needs
of the school community.
3.1.4 Domain 4: Professional Responsibilities
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
4a
Maintaining
accurate records
Has little or no system for
maintaining information and
records are in disarray, resulting
in errors and confusion.
The system for
maintaining information is
partially complete.
The system for
maintaining information
is complete and records
are in order.
The system for maintaining
information is complete and
records are accurate and in
order. Information can be
easily understood.
4b
Engaging in
professional
development
Does not engage in professional
development activities and does
not participate in in-service
training to enhance knowledge,
skill or long range planning
Participates in professional
development activities
only when required and
does limited long range
planning.
Seeks out opportunities
for professional
development to enhance
content knowledge and
skill and does long range
planning.
Seeks out opportunities for
professional development and
makes a systematic attempt to
apply new knowledge and
skills to enhance service
delivery and is willing to lead
workshops to share
knowledge, skills and long
range planning at the district,
state and national level.
4c
Promoting service
to students
Contributes to school practices
that result in some students being
ill served by the school.
Does not knowingly
contribute to some
students being ill served by
the school.
Works within the context
of a particular team or
department to ensure that
all students receive a fair
opportunity to succeed.
Makes a particular effort to
challenge negative attitudes
and helps ensure that all
students, particularly those
traditionally under-served,
are honored in the school.
4d
Communicating
with families
Counselor does not provide
feedback in a timely way.
Counselor provides some
feedback to family on
student needs and
progress.
Consistently provides
feedback to family on
student needs and
progress.
In an effective way, initiates
multiple forms of
communication with the
family.
3.1.5 Domain 5: Student Improvement
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
5a
Uses data from
the DSTP I
School
Accountability
Performance
Rating to help
educators make
instructional
decisions.
There is no evidence that DSTP
School Accountability
Performance Rating data inform
planning or impact on
instructional decisions. There is
no evidence of student
improvement.
There is limited evidence
that DSTP School
Accountability
Performance Rating data
inform planning or impact
on instructional decisions.
Limited evidence of student
improvement is found.
There is clear evidence
that DSTP School
Accountability
Performance Rating data
inform planning and
impact on instructional
decisions. Clear evidence
of student improvement is
found.
There is clear and convincing
evidence that DSTP School
Accountability Performance
Rating data are used to inform
planning and impact on
instructional decisions. Clear,
consistent and convincing
evidence of student
improvement is found.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1086 PROPOSED REGULATIONS
5b
Identifies
multiple
measures and a
variety
assessments (e.g.,
DSTP I & II online
scores, pre
& post-testing,
performances,
portfolios, oral
presentations,
projects) to
document
student
improvement
Does not provide evidence of
student improvement toward
meeting the standards, or
evidence provided shows that
students are making
improvement toward standards.
Provides limited evidence
of student improvement
toward meeting the
standards.
Provides clear evidence of
student improvement
toward meeting the
standards using multiple
evidence ources and
demonstrating
understanding of the use
of the data to address
students' instructional
needs.
Provides clear, consistent and
convincing dence
student improvement toward
meeting he tandards by
providing evidence of student
performance using a rich
variety of multiple measures
and assessments and
documenting how the data
were used to address students'
instructional needs.
5c
Provides
evidence
student
improvement
toward
standards
through DSTP I
& II scores and
other sources of
data
Is unaware of the distribution in
student achievement or makes
no effort to close the gap by
addressing the different needs of
individual students or groups of
students within the ass.
Measurable discrepancies in
student learning persist.
Is unaware of the
distribution in student
achievement and makes a
limited effort to close the
gap y addressing the
different needs f
individual students or
groups of students within
the class. The distribution
in student achievement
within the class is
beginning to close.
Is ery aware of the
distribution in student
achievement and makes a
concerted effort to close
the gap by addressing the
different needs f
individual students or
groups of students within
the class. There is clear
evidence hat the
distribution in student
achievement is being
closed.
Is proactive in addressing the
distribution n student
achievement and uses
research-based trategies to
effectively close the gap by
addressing the different needs
of individual tudents or
groups of students within the
class. There is clear evidence
that students are achieving at
higher levels and that the
distribution n student
achievement is being closed.
The specialist provides
leadership to colleagues in the
identification and use of
effective strategies to address
the distribution in student
achievement.
of not s
an
evi of
t s
of
cl
b
o
v
o
t
i
s
s
i
3.2 A Framework for Specialists: Instructional Support DOMAIN ONE: PLANNING AND PREPARATION
Specialists
3.2.1 Domain One: Planning and Preparation
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
1a
Knowledge of
content
Makes content errors or does
not correct content errors
made by others
Displays basic contact
knowledge but cannot articulate
connections with other parts of
the discipline or with other
disciplines
Displays solid content
knowledge and makes
connections with other
parts of the discipline or
with other disciplines
Displays extensive content
knowledge, with evidence
of continuing pursuit of such
knowledge, and makes
connections with other parts
of the discipline or with
other disciplines
1b
Knowledge of
content
standards (state
and/or national)
Displays little knowledge of
how to use content standards
for instruction and to build an
understanding of how they are
interrelated
Displays knowledge of how to
use content standards but may
lack the understanding of how to
use them to build understanding
of how they are interrelated
Displays knowledge of the
content standards and uses
them to develop plans that
lead to the understanding
of how they are integrated
and interrelated
Displays knowledge of the
content standards and uses
them to develop plans that
lead to the understanding of
how they are integrated and
interrelated and involves
students in seeking and
identifying the relationships
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1087
1c
Knowledge of
prerequisite
relationships
Displays little understanding
of prerequisite important for
student/educator learning of
the content
Indicates some awareness of
prerequisite learning although
such knowledge may be
incomplete or inaccurate
Plans and practices reflect
understanding of
prerequisite relationships
among topics and concepts
Actively builds on
knowledge of prerequisite
relationships when
describing instruction or
seeking causes for learner
misunderstanding
1d
Knowledge of
content-related
pedagogy
Displays little understanding
of pedagogical issues involved
in learning of the content
Displays basic pedagogical
knowledge but does not
anticipate misconceptions
Pedagogical practices
reflect current research on
best practice within the
discipline but without
anticipating
misconceptions
Pedagogical practices reflect
current research on best
practice within the
discipline and anticipate
learner misconceptions
1e
Resources for
educators
Is unaware of the resources
available through the school/
district/state
Displays limited awareness of
resources available through the
school/district/state
Is fully aware of resources
available through the
school/district/state for
educators they assist
In addition to being aware of
resources, actively seeks
other materials to enhance
instruction from various
sources and shares those
with educators whom they
serve
1f
Resources for
parents
Is unaware of resources
available to parents who desire
them
Displays limited awareness of
resources available through
school, district, or state
Is fully aware of resources
available through school,
district, or state and knows
how to gain access for
parents
In addition to being aware of
resources available through
school, district, or state, is
aware of additional
resources available through
the community and help
parents gain access to them
1g
Resources for
students
Is unaware of resources
available to assist students
who need them
Displays limited awareness of
resources available through
school, district, or state
Is fully aware of resources
available through school,
district, or state and knows
how to gain access for
students
In addition to being aware of
resources available through
school, district, or state, is
aware of additional
resources available through
the community and assist
students in gaining access to
them.
1h
Knowledge of
characteristics
of adult learners
Displays little knowledge of
the characteristics of adult
learners and how to plan and/
or delivery may inhibit
learning
Displays limited knowledge of
characteristics of adult learners
and plans and delivery may be
inconsistent with needs of the
learners
Displays knowledge of the
characteristics of adult
learners and demonstrates
it in the plans and delivery
of sessions
Displays knowledge of the
characteristics of adult
learners and demonstrates it
in the plans and delivery of
sessions by reacting to needs
of the participants and
including them in the
process
1i
Knowledge of
adults varied
approaches to
learning
Displays little use of varied
approaches to learning in adults
Displays limited use of varied
approaches to learning in adults
and/or applies it inconsistently
Displays knowledge of a variety
of approaches to learning in
adults and applies them in the
delivery of services
Displays knowledge of a variety
of approaches to learning in
adults and applies them in
delivery and makes use of
feedback in planning for future
sessions
1j
Knowledge of
teaching standards
Displays little knowledge of
the Delaware Teacher
Standards
Displays limited
understanding of the
Delaware Teacher Standards
Displays clear understanding
of the Delaware Teacher
Standards as demonstrated in
practice and planning
Displays clear understanding
of the Delaware Teacher
Standards as demonstrated in
practice and planning and
engages the learners in
understanding of identifying
them in their own practices
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1088 PROPOSED REGULATIONS
1k
Knowledge of
standards (state
and national) for
staff development
Displays little knowledge of
the content standards and
their relationship to other
disciplines and/or programs
Displays knowledge of the
content standards but it may
be limited in depth and/or
understanding of relationship
to other disciplines or
programs
Displays knowledge of
content standards and is able
to identify the relationship
between the disciplines and
other programs
Displays knowledge of
content standards and is able
to identify the relationship
between the disciplines and
other programs and takes an
active role in the
development and
implementation of the
standards in their work
setting
3.2.2 Domain Two: Delivery of Service
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
2a
Communicating
clearly and
accurately
Spoken language is inaudible
or written language is
illegible. Spoken or written
language may contain
grammar and syntax errors.
Vocabulary may be
inappropriate, vague, or used
incorrectly, leaving learners
confused.
Spoken language is audible
and written language is legible.
Both are used correctly.
Vocabulary is correct but
limited or is not appropriate
to learners' ages or backgrounds.
Spoken and written
language is clear and
correct. Vocabulary is
appropriate to the learners'
ages and interests.
Spoken and written language is
correct and expressive, with
well-chosen vocabulary that
enriches the lesson.
2b
Interactions
with educators
Interaction with at least some
learners is negative,
demeaning, sarcastic, or
inappropriate to the age or
culture of the learners.
Learners exhibit disrespect
for the instructional support
specialist.
Interactions are generally
appropriate but may reflect
occasional inconsistencies,
favoritism, or disregard for
the learners' cultures.
Learners may exhibit only
minimal respect for the
instructional support
specialist.
Interactions are friendly and
demonstrate general
warmth, caring, and respect.
Such interactions are
appropriate to
developmental and cultural
norms. Learners exhibit
respect for the instructional
support specialist.
Demonstrates genuine caring and
respect for individual learners.
Learners exhibit respect for the
instructional support specialist as an
individual, beyond that for the role.
2c
Expectations for
learning and
achievement
Instructional goals and
activities, interactions, and
the classroom environment
convey only modest
expectations for learner
achievement
Instructional goals and
activities, interactions, and
the classroom environment
convey inconsistent
expectations for learner
achievement.
Instructional goals and
activities, interactions, and
the classroom environment
convey high expectations
for learner achievement.
Both learners and the
instructional support specialist
establish and maintain through
planning of learning activities,
interactions, and the classroom
environment high expectations
for the learning of all learners.
2d
Creating
engaging
learning
Designs activities and
assignments for learners that
are inappropriate, not
mentally engaging, not
clearly defined, and/or that
suffer from pacing that is too
slow or rushed, or both.
pac
Designs activities and
assignments, some of which
are appropriate and mentally
engaging. The activities have
a recognizable structure,
although it is not uniformly
maintained throughout.
Pacing is inconsistent.
Designs activities and
assignments with a clearly
defined structure and
consistent pacing that are
appropriate and that
cognitively engage almost
all learners.
Designs activities and
assignments with a clearly
defined structure and consistent
pacing that is appropriate and
that cognitively engage all
learners. The activities allow
for reflection and closure as
appropriate.
2e
Information
about
instructional
programs
Provides little information
about instructional programs
to families.
Participates in the school's
activities for parent
communication, but offers
little additional information.
Provides frequent
information to parents, as
appropriate, about the
instructional program.
Provides frequent information
to parents, as appropriate, about
instructional programs and
explains how these impact
student achievement.
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PROPOSED REGULATIONS 1089
2f
Engaging
families in the
instructional
program
Makes no attempt to engage
families in the instructional
program, or such attempts
are inappropriate.
Makes modest and
inconsistently successful
attempts to engage families
in instructional programs.
Efforts to engage families
in the instructional program
are frequent and successful.
Efforts to engage families in the
instructional program are
frequent and successful with a
positive effect on student
achievement.
2g
Relationships with
Colleagues
Relationships with
colleagues are negative or
self-serving
Maintains cordial
relationships with colleagues
to fulfill the duties that the
school or district requires
Support and ooperation
characterize elationship
with colleagues
Support and ooperation
characterize relationships with
colleagues. Takes initiative in
assuming leadership among the
faculty.
2h
Service to School
Avoids becoming involved
in school events
Participates in school event
when specifically asked
Volunteers to participate in
school events, making a
substantial contribution
Volunteers to participate in
school events, making a
substantial contribution, and
assumes a leadership role in at
least some aspect of school life.
2i
Participation to
school and district
projects
Avoids becoming involved
in school and istrict
projects
Participates in school and
district projects when
specifically asked
Volunteers to participate in
school and district projects,
making a substantial
contribution
Volunteers to participate in
school and district projects,
making ubstantial
contribution, and assumes a
leadership role in a major
school or district project.
c
r
c
d
s a
3.2.3 Domain Three: Professional Collaboration
and Consultation
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
3a
Resources for
professional
development
Is unaware of resources
available through the district,
state, or country
Has limited knowledge of
resources available through the
district, state, or country
Is fully aware of resources
available through the district,
state, or country
In addition to being aware of
various resources, actively seeks
other quality materials to
enhance instruction and may
even be instrumental in
developing new material and
provides it for the educational
community
3b
Involvement in the
professional community
Avoids being involved in the
professional community
Participates in the professional
community when specifically
asked to do so
Volunteers to participate in
professional development
events, making a substantial
contribution
Volunteers to participate in
professional development events,
making a substantial contribution,
and assumes a leadership role
3C
SERVICE
Is alert to educator needs Attempts to educators are
inconsistent
Is effective in serving educators Is highly proactive in serving
educators, seeking out resources
when necessary and providing
them to the educational
community
3d
Advocacy
Fails to advocate for
educators' needs and
concerns
Inconsistently attempts to
advocate for educators' needs and
concerns
Effectively advocates for educators'
needs and concerns
Effectively advocates for
educators' needs and concerns
and seeks resources/support from
a variety of sources
DOMAIN FOUR: PROFESSIONAL RESPONSIBILITIES
3.2.4 Domain Four: Professional
Responsibilities
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1090 PROPOSED REGULATIONS
4a
Maintaining
accurate
records
System for maintaining
information on instructional
programs is in disarray
System for maintaining
information on instructional
programs is rudimentary and
only partially effective
System for maintaining
information on
instructional programs is
effective
System for maintaining
information on instructional
programs is effective and efficient
and shared with the educational
community
4b
Use of feedback
from colleagues
Does not use the evaluation
feedback from colleagues or
blames them for the nonsuccess
of the presentation
Attempts to use feedback
from a presentation, with
mixed results
Uses the feedback from a
presentation to make
adjustments that occur
smoothly
Uses the feedback to make
appropriate adjustments that
occur smoothly and enhance the
learning and/or climate
4c
Enhancement
of content
knowledge and
pedagogical
skill
Engages in no professional
development activities to
enhance knowledge or skill
Participates in professional
activities to a limited extent
when they are convenient
Seeks out opportunities
for professional
development to enhance
content knowledge and
pedagogical skill
Seeks out opportunities for
professional development and
makes a systematic attempt to
conduct action research in the
classroom
4d
Service to the
profession
Makes no effort to share
knowledge with others or to
assume professional
responsibilities
Finds limited ways to
contribute to the profession
Participates actively in
assisting other educators
Initiates important activities to
contribute to the profession, such
as mentoring new teachers,
writing articles for publication,
and making presentations.
4e
Accuracy of
reflecting on
professional
practice
Does not know if a lesson
was effective or achieved its
goals, or profoundly
misjudges the success of a
lesson
Has a generally accurate
impression of a lesson's
effectiveness and the extent to
which instructional goals
were met
Makes an accurate
assessment of a lesson's
effectiveness and the
extent to which it
achieved its goals and can
cite general references TO
support the judgment
Makes a thoughtful and accurate
assessment of a lesson's
effectiveness and the extent to
which it achieved its goals, citing
many specific examples from the
lesson and weighing the relative
strength of each
4f
Use of
reflection in
future teaching
Has no suggestions for how
a lesson may be improved
another time
Makes general suggestions
about how a lesson may be
improved
Makes a few specific
suggestions of what s/he may
try another time
Drawing on an extensive
repertoire of skills, offers specific
alternative actions, complete with
probably successes of different
approaches.
3.2.5 Domain Five: Student Improvement
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
5a
Uses data from
the DSTP I
School
Accountability
Performance
Rating to help
educators make
instructional
decisions
There is no evidence that
DSTP School
Accountability
Performance Rating data
inform planning or impact
on instructional decisions.
There is no evidence of
student improvement.
There is limited evidence that
DSTP School Accountability
Performance Rating data inform
planning or impact on
instructional decisions. Limited
evidence of student improvement
is found.
There is clear evidence that
DSTP School Accountability
Performance Rating data
inform planning and impact
on instructional ecisions.
Clear evidence of student
improvement is found.
There is clear and convincing
evidence that DSTP School
Accountability Performance
Rating data are used to inform
planning and impact on
instructional decisions. Clear,
consistent and convincing
evidence f student
improvement is found.
d
o
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1091
5b
Identifies
multiple
measures and a
variety of
assessments
(e.g., DSTP I &
II on-line
scores, pre &
post-testing,
performances,
portfolios, oral
presentations,
projects) to
document
student
improvement.
Does not provide evidence
of student improvement
toward meeting the
standards, or evidence
provided shows that
students are not making
improvement toward
standards.
Provides limited evidence of
student improvement toward
meeting the standards.
Provides clear evidence of
student improvement toward
meeting the standards using
multiple evidence sources and
demonstrating an
understanding of the use of
the data to address students'
instructional needs.
Provides clear, consistent and
convincing evidence of student
improvement toward meeting
the standards by providing
evidence of student
performance using a rich
variety of multiple measures
and assessments and
documenting how the data
were used to address students'
instructional needs.
5c
Provides
evidence of
student
improvement
toward
standards
through DSTP I
& II scores and
other sources of
data
Is unaware of the
distribution in student
achievement or makes no
effort to close the gap by
addressing the different
needs of individual
students or groups of
students within the class.
Measurable discrepancies
in student learning persist.
Is aware of the distribution in
student achievement and makes a
limited effort to close the gap by
addressing the different needs of
individual students or groups of
students within the class. The
distribution in student
achievement within the class is
beginning to close.
Is very aware of the
distribution in student
achievement and makes a
concerted effort to close the
gap by addressing the
different needs of individual
students or groups of students
within the class. There is
clear evidence that the
distribution in student
achievement is being closed.
Is proactive in addressing the
distribution in student
achievement and uses
research-based strategies to
effectively close the gap by
addressing the different needs
of individual students or
groups of students within the
class. There is clear evidence
that students are achieving at
higher levels and that the
distribution in student
achievement is being closed.
The specialist provides
leadership to colleagues in the
identification and use of
effective strategies to address
the distribution in student
achievement.
3.3 A Framework for Specialists: Library Media 3.3.1 Domain 1: Planning and Preparation
Specialists
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
1a
Demonstrating
knowledge of
professional
school library
media practice
and pedagogy
Displays little
understanding of
professional ethics,
pedagogical issues and the
current research literature
pertaining to professional
practice.
Displays basic knowledge of
professional ethics,
pedagogical issues and the
current research literature
pertaining to professional
practice but does not anticipate
student misconceptions.
Practice reflects current
research on best practice
with regard to professional
ethics, current research
literature and pedagogical
issues and anticipates
student misconceptions.
Displays continuing search for
best practice with regard to
professional ethics, current
research literature, and
pedagogical issues. Possesses a
clear understanding of student
developmental stages as tied to
the delivered curriculum.
Identifies and minimizes
potential areas of misconception.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1092 PROPOSED REGULATIONS
1b
Demonstrating
knowledge of
content
standards
Demonstrates little
understanding of applicable
Delaware Content
Standards and district
curriculum.
Demonstrates basic knowledge
of applicable Delaware Content
Standards and district
curriculum but cannot
articulate connections between
the content and other
disciplines.
Demonstrates thorough
knowledge of applicable
Delaware Content
Standards and district
curriculum and makes
connections between the
content and other
disciplines.
Demonstrates extensive
knowledge of applicable
Delaware content standards and
district curriculum with evidence
of continuing pursuit of such
knowledge. Delivery of
instruction clearly reflects
attention to aligning content
standards with information
literacy standards.
1c
Designing and
selecting
instructional
goals that
implement
content
standards
Displays little knowledge of
principles of library and
information studies needed
to create an effective,
integrated library media
program.
Displays generally accurate
knowledge of principles of
library and information studies
needed to create an effective,
integrated library media
program.
Displays knowledge of
principles of library and
information studies needed
to create an effective,
integrated library media
program.
Displays extensive knowledge of
principles of library and
information studies needed to
create an effective, integrated
library media program.
Assessment of lesson/
instructional unit demonstrates
collaboration on rubric
development.
1d
Demonstrating
knowledge of
students
Demonstrates a lack of
knowledge relating to
individual students' needs.
Demonstrate some knowledge
relating to individual students'
needs. Occasionally integrates
that knowledge into the
students' program.
Demonstrates thorough
knowledge of individual
students' needs and
integrates that knowledge
into the students' program.
Helps students in planning
and evaluating their
learning.
Demonstrates thorough
knowledge of individual
students' needs and seeks
specific resources to effectively
address those needs. Helps
students identify and use their
own strengths in planning and
evaluating their own learning.
3.3.2 Domain 2: Professional Practice and Delivery
of Service
Component Level of Performance
UnsatisfactoryUnsatisfactor
y
basic proficient distinguished
2a
Establishing a
culture for
learning in an
environment of
respect and
rapport
Rarely works with others to
develop an information
program or to create an
inviting physical
environment. Is unaware of
the important role that the
library plays in curriculum
and does little to encourage
use.
Sometimes works with others
to develop and implement a
program in a pleasant physical
environment. Supports the
idea of an atmosphere in
which students and staff could
find necessary information
successfully.
Works consistently with
others to develop and
implement a collaborative
program in an inviting
environment. Creates a
productive learning
environment for focused
learning, ensuring that
students and staff use ideas
and information effectively.
Expands collaborative
opportunities with staff to
create a dynamic learning
environment that stimulates
successful independent inquiry
by both students and staff.
Shapes a welcoming
environment in which all users
feel empowered to succeed.
2b
Translating
instructional
goals into
learning
experiences
Makes no attempt to integrate
information literacy through
collaboration, planning,
implementation, and
assessment of learning.
Learning activities are not
suitable to students or to the
instructional goals and do not
progress in a sequential
manner and do not reflect
recent professional research.
Occasionally integrates
information literacy through
collaboration, planning,
implementation, and
assessment of learning. Few
of the learning activities are
suitable to students or to the
instructional goals.
Progression on activities in
the unit is uneven and only
some activities reflect recent
professional research.
Often integrates information
literacy through
collaboration, planning, and
assessment of learning.
Most of the learning
activities are suitable to
students and to the
instructional goals.
Progression of activities in
the unit is fairly even and
most activities reflect recent
professional research.
Consistently integrates
information literacy through
collaboration, planning,
implementation, and
assessment of learning.
Learning activities are highly
relevant to students and
instructional goals while
progressing coherently,
producing a unified whole and
reflecting recent professional
research.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1093
2c
Developing and
managing the
library
collection
Does not maintain an
organized collection of
materials. Resources
purchased rarely support or
enrich state and district
curriculum objectives. Makes
no effort to be current in
knowledge of the curriculum
and does not use selection
tools for choosing library
materials. Rarely, if ever,
processes materials in an
efficient manner and fails to
alert students and staff of new
acquisitions to the collection.
Has a mostly organized
collection of materials that
often support and enrich state
and district curriculum
objectives. Sometimes is not
current in knowledge of the
curriculum and occasionally
uses current selection tools for
choosing library materials.
Attempts to process materials
in an efficient manner and at
times alerts students and staff
of new acquisitions to the
collection.
Has an organized and varied
collection of materials and
resources that supports and
enriches state and district
curriculum objectives.
Strives to remain current in
knowledge of the
curriculum and uses up-todate
selection tools for
choosing library materials.
Processes materials in an
efficient and timely manner
and publicizes new
acquisitions to students and
staff.
Maintains a highly organized
and varied collection of
resources that support and
enrich state and district
curriculum objectives. Is
always current in knowledge of
the curriculum and uses up-todate
selections tools for
choosing library materials in an
efficient and timely manner.
Seeks ongoing and innovative
ways of publicizing new
acquisitions and alerts teachers
and staff to collection resources
available for curriculum tie-ins.
2d
Organizing
Physical Space
Physical space is unsafe and
inappropriate. Does not
provide adequate access to
resources and information for
students and staff library in
the library media center.
Organizes a safe physical
environment. Accessibility to
resources and information is
limited in the library media
center.
Aware of design trends and
organizes physical
environment safe and
developmentally
appropriate for all students.
Usually provides equitable
access to an extensive
variety of resources and
information in the library
media center.
Keeps current with design
trends and organizes physical
environment to ensure that it is
safe and developmentally
appropriate for all students.
Guarantees equitable access to
an extensive variety of
resources and Information in a
stimulating library media
center.
3.3.3 Domain 3: Professional Collaboration and
Consultation
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
3a
Participating in
curriculum
development and
assessment
projects
Fails to assume a role in
curriculum development and
assessment projects.
Participates in curriculum
development and
assessment projects when
required.
Actively participates in
curriculum development and
assessment projects.
Exercises leadership role and
serves as a catalyst in
curriculum development and
assessment projects. Designs
unique library components of
a unit that are aligned with
Delaware content standards.
3b
Collaborating
with individual
teachers
Does not collaborate with
teachers to integrate information
literacy and promote student
achievement.
Collaborates occasionally
with teachers to integrate
information literacy and
promote student
achievement.
Collaborates often with
teachers to integrate
information literacy and
promote student
achievement.
Collaborates extensively
with teachers to integrate
information literacy and
promote student
achievement.
3c
Consulting with
administrators
Makes no attempt to
communicate and create a
partnership with the building
administrator to develop the
goals of the program.
Updates the building
administrator on the goals
of the library media
program.
Interacts with the building
administrator to identify the
goals of the program.
Communicates status of
goals and implementation
regularly.
Creates an active partnership
with the building
administrator to develop the
goals of the program.
Communicates and seeks
input on ways to design a
program to better meet the
needs of the school
community.
3d
Proving
leadership using
instructional
resources and
technologies
Fails to assist in providing
equitable access to, and
effective use of, instructional
technologies.
Provides limited guidance
in providing equitable
access to, and effective use
of, instructional
technologies.
Provides guidance in
providing equitable access
to, and effective use of,
instructional resources and
technologies.
Leads in providing equitable
access to, and effective use
of, instructional resources
and technologies
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1094 PROPOSED REGULATIONS
3.3.4 Domain 4: Professional Responsibilities
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
4a
Reflecting on
practice
Is unaware of the program's
effectiveness or if its goals
were achieved. Profoundly
midjudges the success of the
program and has no
suggestions of how the
program can be improved.
Has a generally accurate
impression of the
effectiveness of the library
program and the extent to
which instructional goals
were met. Makes general
suggestions about how the
program can be improved.
Makes a summative
assessment of the
effectiveness of the library
program and the extent to
which it achieved its goals.
Makes specific suggestions
to increase the program's
success.
Makes a detailed assessment of
the library program.
Assessment uses information
gathered from self-evaluation,
analyses of collaborative
activities, as well as input from
students and staff. Draws on an
extensive repertoire of skills,
offering alternative actions to
enhance success.
4b
Communicating
with families
Provides minimal information
about the library media
program.
Occasionally provides
information about the library
media program.
Often provides information
about the library media
program through
communications with
students, staff, and the
community.
Frequently provides
information about the library
media program through
extensive on-going activities
and communications with
students, staff, families, and
the community.
4c
Growing and
developing
professionally
Engages in no professional
development activities to
enhance knowledge or skill.
Makes no effort to share
knowledge with others or
assume professional
responsibilities.
Participates in professional
development activities to a
limited extent when
convenient. Finds limited
ways to contribute to the
profession.
Participates in professional
development and models
lifelong learning.
Participates actively in
assisting others in the
profession.
Seeks out opportunities for
professional development and
models a strong commitment
to lifelong learning. Initiates
and leads important activities
that contribute to the
profession.
4d
Demonstrating
professionalism
Does not have a formal or
informal policy that addresses
the issue of selection,
challenges, copyright,
intellectual freedom,
confidentiality, and acceptable
use. Does not have an
appropriate procedure when
faced with challenges to
materials in the collection.
Has informal or dated policy
to address issues of selection/
deselection, challenges,
copyright, intellectual
freedom, equity,
confidentiality, and
acceptable use. Removes
challenged material from the
collection before following
proper procedures.
Has a clearly defined
mission that is
communicated to the school
community. The written
policy addresses selection/
deselection, challenges,
copyright, intellectual
freedom, equity,
confidentiality, and
acceptable use. The policy
is both modeled and taught.
Challenges are handled
according to a written
policy that ensures that
input is received from all
concerned parties.
Ensures that the mission of the
program is based on the
highest professional standards.
Makes extensive use of the
policy and revises it as
necessary. Supports, models,
and teaches the concepts of
intellectual freedom and
ethical uses of ideas,
information, and resources to
the school community. The
importance of intellectual
freedom in the American
culture is addressed with
students at all grade levels.
3.3.5 Domain 5: Student Improvement
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
5a
Uses data from
DSTP I School
Accountability
Performance
Rating to help
educators make
instructional
decisions
There is no evidence that
DSTP School Accountability
Performance Rating data
inform planning or impact on
instructional decisions. There
is no evidence of student
improvement.
There is limited evidence that
DSTP School Accountability
Performance Rating data
inform planning or impact on
instructional decisions.
Limited evidence of student
improvement is found.
There is clear evidence that
DSTP School
Accountability
Performance Rating data
inform planning and
impact on instructional
decisions. Clear evidence
of student improvement is
found.
There is clear and convincing
evidence that DSTP School
Accountability Performance
Rating data are used to inform
planning and impact on
instructional decisions. Clear,
consistent and convincing
evidence of student
improvement is found.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1095
5b
Identifies
multiple
measures and a
variety
assessments
(e.g., DSTP I &
II on-line scores,
pre&
posttesting,
performances,
portfolios, oral
presentations,
projects) to
document
student
improvement
Does not provide evidence of
student improvement toward
meeting he tandards, or
evidence provided shows that
students are not making
improvement toward
standards.
Provides limited evidence of
some student improvement
toward meeting the standards.
Provides clear evidence of
student improvement
toward meeting the
standards using multiple
evidence ources and
demonstrating
understanding of the use of
the ata to address
students' instructional
needs.
Provides clear, consistent and
convincing evidence of student
improvement toward meeting
the tandards by oviding
evidence of student
performance using a rich variety
of multiple measures and
assessments and documenting
how the data were used to
address students' instructional
needs.
5c
Provides
evidence
student
improvement
toward
standards
through DSTP I
& II scores and
other sources of
data
Is unaware of the distribution
in student chievement or
makes no effort to close the
gap addressing the
different needs of individual
students or groups of students
within the class. Measurable
discrepancies in student
learning persist.
Is aware of the distribution in
student achievement and
makes a limited effort to close
the gap by addressing the
different needs of individual
students or groups of students
within the class. The
distribution n student
achievement within the class
is beginning to close.
Is very aware of the
distribution in student
achievement and makes a
concerted effort to close
the gap by addressing the
different needs of
individual students or
groups of students within
the class. There is clear
evidence hat the
distribution in student
achievement is being
closed.
Is proactive in addressing the
distribution in student
achievement and uses researchbased
strategies to effectively
close the gap by addressing the
different needs of individual
students or groups of students
within the class. There is clear
evidence that students are
achieving at higher levels and
that the distribution in student
achievement is being closed.
The pecialist provides
leadership to colleagues in the
identification nd se
effective strategies to address
the distribution in student
achievement.
of
t s
s
an
d
s pr
of
a
by
i
t
s
a u of
3.4.1 Domain 1: Planning and Preparation
3.4 A Framework for Specialists: School Nurses
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
1a
Demonstrating
knowledge of
client
characteristics
Displays little or no knowledge
and sensitivity to client
characteristics (such as
appropriate developmental
levels, physical/emotional norms,
cultural and ethnic backgrounds)
and does not indicate that such
knowledge is valuable.
Displays generally accurate
knowledge and sensitivity to
client characteristics (such as
appropriate developmental levels,
physical/emotional norms,
cultural and ethnic backgrounds),
but inconsistent application.
Displays accurate knowledge
and sensitivity to client
characteristics (such as
appropriate developmental
levels, physical/emotional
norms, cultural and ethnic
backgrounds) and demonstrates
value of this knowledge.
Displays extensive knowledge and
sensitivity to client characteristics
(such as appropriate developmental
levels, physical and emotional
norms, cultural and ethnic
backgrounds).
1b
Demonstrating
knowledge of
professional
school nursing
practice
Displays little or no
knowledge of standards of
professional school nursing
and evidence-based practice.
Displays generally accurate
knowledge of standards of
professional school nursing
and evidence-based practice.
Displays thorough
understanding and
knowledge of standards of
professional school nursing
and evidence-based
practice.
Displays extensive knowledge
and is considered an expert in
standards of professional school
nursing and evidence-based
practice.
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1096 PROPOSED REGULATIONS
1c
Planning for
delivery
services
Does not create a safe and
healthy environment through
such activities as school
entry requirement
documentation, medication
regime, utilization of space,
storage of equipment, and
emergency preparation.
Creates a minimally safe and
healthy environment through
such activities as inconsistent
school entry equirement
compliance, safe storage of
medication, adequate
utilization of space, storage
of equipment, and emergency
preparation. Inconsistently
bases school health program
on student and community
needs.
Provides a safe and healthy
environment through such
activities as consistent
school entry requirement
compliance, safe storage of
medication, skillful use and
accommodation of space,
and storage of equipment.
Has emergency training and
emergency esponse plan
for hool with some
development of individual
health care plans and
emergency e. Bases
school health program on
student and mmunity
needs.
In addition to providing a safe
and ealthy vironment,
anticipates and plans for future
needs. Has eveloped/
contributed to school- wide
crisis plan and student
emergency e ans are
available. Provides emergency
training to staff/student/
community. Develops
individualized health care plans
for students with chronic illness,
assuring student input
throughout process. Bases
school health program on
student/community needs from
data collected through needs
assessments.
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3.4.2 Domain 2: Professional Practice and
Delivery of Service
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
2a
Demonstrating
clinical practice
Displays little or no use: of: 1)
the nursing process (data
collection, assessment,
intervention, outcome and
evaluation) 2) appropriate
client management (i.e.,
inadequate medication regime,
screenings and referrals and
inappropriate emergency care).
3, effective and timely delivery
of care (i.e. priority setting,
procedures, monitoring and
follow-up).
Displays generally accurate
knowledge but inconsistently
applies: 1) the nursing process
(data collection, assessment,
intervention, outcome and
evaluation) 2) appropriate
client management (i.e.,
adequate medication regime,
screenings and referrals and
appropriate emergency care).
3, effective and timely
delivery of care (i.e. priority
setting, procedures,
monitoring and follow-up).
Displays accurate
knowledge and consistent
use of: 1) the nursing
process (data collection,
assessment, intervention,
outcome and evaluation) 2)
appropriate client
management (i.e., adequate
medication regime,
screenings and referrals,
appropriate emergency
care). 3, effective and
timely delivery of care (i.e.,
priority setting, procedures,
monitoring and follow-up).
Displays extensive knowledge
and use of: 1) the nursing
process (data collection,
assessment, intervention,
outcome and evaluation) 2)
appropriate client
management (i.e., adequate
medication regime, screenings
and referrals and appropriate
emergency care). 3, effective
delivery of care (i.e. priority
setting, procedures,
monitoring and follow-up). Is
considered an expert and
contributes to the professional
body of school nursing
knowledge.
2b
Providing health
education
Lacks commitment to health
education and is unaware of
resources available for health
education
Limited health education
given to individuals and does
not provide information to
groups when requested based
on limited knowledge.
Promotes health education
in all student interactions.
Provides staff education
related to health issues. If
time allows will present to
groups, if requested.
Promotes health education in
all student, family and staff
interactions and actively seeks
out and implements health
programs within the school
community.
2c
Promoting
wellness
Does not promote and is
unaware of wellness as it
relates to the educational
system: (such as promotes
infection control, participates in
Wellness Events, provides
resources and creates an
environment that promotes
health and safety)
Limited promotion and
awareness of wellness as it
relates to the educational
system: (such as promotes
infection control, participates
in Wellness Events, provides
resources and creates an
environment that promotes
health and safety)
Promotes and fully aware
of wellness as it relates to
the educational system:
(such as actively promotes
infection control,
participates in Wellness
Events, provides resources
and creates an environment
that promotes health and
safety)
In addition to actively
promoting wellness as it
relates to the educational
system, is a leader within the
school, promoting health.
(monitors infection control,
plans and coordinates
Wellness Events, seeks out
and provides resources and
creates an environment that
promotes health and safety)
3.4.3Domain 3: Professional Collaboration and
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1097
Consultation
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
3a
Communicating
and collaborating
with students and
families
Ignores or diminishes concerns
of students and family. Does
not aintain confidentiality
and can be disrespectful in
interactions in verbal and
written communication. Does
not licit eedback from
students or family. Is inflexible
in working with students and
families.
Attempts to accommodate
students' and families' concerns
in verbal and written
interactions and sharing of
information, but inconsistent in
application. Use of language
may not be nderstood
students and families.
Respectful of students and
families in most situations and
may illicit feedback from
families to ascertain
understanding. At times is
inflexible in working ith
students and families.
Consistently listens
respectfully and responds
appropriately with warmth
and caring about the
students' and amilies'
concerns. nsistently
shares information n
appropriate anguage n
verbal and written form.
Seeks out and requests
feedback from student and
family interaction in the
interest of sharing and
clarifying information. Is
flexible in interactions
with students and families.
Is considered a trusted
advocate.
In addition to proficient
category, school nurse is
able to handle difficult
situations appropriately,
communicates frequently
and often with families
either through letters home
or information in school
newsletter. Treats all
interactions with sincere
respect and empathy. Is
flexible and creative in
meeting the health needs of
students.
3b
Consulting and
collaboration
with administrators
and staff
Does not share tudent
information appropriately on an
as needed basis. Does not
respect student confidentiality.
Little attempt establish
harmonious relationships.
Demonstrates little respect of
other school programs. Is
inflexible in changing
situations.
Shares information
appropriately on an as needed
basis, but can be inconsistent or
not ely in sharing
information. Does not always
exhibit respect of educational
staff or programs and may have
difficulty working with some
individuals. May not participate
in meetings designed for the
benefit of the student (504, IEP,
conferences). At times is
inflexible in changing
situations.
Shares information
appropriately to promote
student success on an as
needed is and
consistently on a timely
basis. Is spectful,
sensitive and flexible in
communications and
collaborations with staff
and administration. Seeks
feedback student
responses and staff input.
Values school programs as
contributing to overall well
being of students.
Participates in meetings,
when invited, to enhance
student performance on an
as needed basis (504, IEP,
conferences).
Shows characteristics of
proficient and lexible
school nurse and in addition
consistently seeks staff input
on student and staff
concerns to better student
care and performance.
Respects all faculty and
responds to concerns with
empathy and caring. Is
sought after as a eam
member.
3c
Consulting and
collaborating
with medical
professionals
and agencies
Does not establish links with
medical and professional
communities/resources and
does not show evidence that
expert advice is sought out
when needed
May ntact other health
professionals/resources
inconsistently, ut does not
demonstrate hat such
collaboration is necessary or
important. Is not lways
respectful in communication
with other health professionals
Obtains expert
consultation and utilizes
appropriate resources
when needed. Is respectful
and appropriate in
communication with other
health professionals.
Handles difficult situations
with sensitivity and
concern.
In addition to the proficient
nurse shows wide breadth of
knowledge of other health
professionals and actively
promotes the relationships to
enhance tudent care.
Shares information with
other nurses and is a model
for collaboration.
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3.4.4 Domain 4: Professional Responsibilities
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1098 PROPOSED REGULATIONS
4a
Maintaining
accurate records
Does not keep accurate or up-todate
records on all students.
Record keeping is generally
accurate and up to date and
partially effective for planning
care.
Record keeping s
consistently accurate,
efficient, and up-to-date.
School Nurse reviews
incoming students health
records in a timely
manner
Record keeping is exemplary
in accuracy, currency, and
thoroughness. Reviews
incoming tudents' health
records in a timely manner.
In addition the nurse seeks
out new ideas and
collaborates with other nurses
to improve record keeping
4b
Growing d
developing
professionally
Does not engage in professional
development activities and does
not participate in in-service
training to enhance knowledge or
skill
Meets minimal requirement for
licensure attending limited
professional development
activities
Actively participates in
activities for professional
development exceeding
requirements for
licensure, keeping up-todate
with professional
literature d
conferences. Belongs to
state rsing
organizations and may
mentor other school
nurses
Actively participates in
activities for professional
development, exceeding
requirements for licensure,
keeping up-to-date with
professional literature. n
addition, provides in-services
and opportunities for sharing
knowledge for other nurses.
Mentors other nurses.
Participates as a leader in
state national
organizations and committees
to enhance romote
professional practice.
4c
Reflecting on
nursing practice
Does not evaluate services or make
changes as necessary to accommodate
clientele
With encouragement, will reflect on
school nursing practice and at times
make changes as necessary. Does not
communicate role of school nurse
effectively
Consistently reflects on
school nursing practice and
makes improvements and
changes where and when
necessary. Communicates
effectively the role of the
school nurse to students,
families, staff and
community.
Continually reflects on school
nursing practice always striving
to improve practice. Actively
communicates role of school
nurse to all community members,
through presentations at school,
community newsletters or other
outlets.
4d
Showing
professionalism
Does not show evidence or a
sense professionalism.
Contributes to practices that are
self-serving or harmful to
students.
Generally isplays a genuine
sense of professionalism
Consistently genuine and
successful professionally
in working with clients.
Is considered
professional nurse by
staff and students
Is a role model for other
nurses in dealing with staff
and students and in honored
for efforts. Consistently is a
model of professionalism and
is sought out by others for
consultation.
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3.4.5 Domain 5: Student Improvement
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
5a
Uses data from
the DSTP I
School
Accountability
Performance
Rating to help
educators make
instructional
decisions
There is no evidence that
DSTP School Accountability
Performance Rating data
inform planning or impact
on instructional ecisions.
There is no evidence of
student improvement.
There is limited evidence that
DSTP School Accountability
Performance Rating data inform
planning or impact on
instructional decisions. Limited
evidence of student
improvement is found.
There is clear evidence that
DSTP School
Accountability
Performance Rating data
inform planning and impact
on instructional decisions.
Clear evidence of student
improvement is found.
There is clear and convincing
evidence that DSTP School
Accountability Performance
Rating data are used to inform
planning and mpact on
instructional decisions. Clear,
consistent and convincing
evidence student
improvement is found.
d i
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DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1099
5b
Identifies
multiple
measures and a
variety of
assessments
(e.g., DSTP I &
II on-line scores,
pre & posttesting,
performances,
portfolios, oral
presentations,
projects) to
document
student
improvement
Does not provide evidence
of student improvement
toward meeting the
standards, or evidence
provided shows that students
are not making improvement
toward standards.
Provides limited evidence of
student improvement toward
meeting the standards.
Provides clear evidence of
student improvement
toward meeting the
standards using multiple
evidence sources and
demonstrating an
understanding of the use of
the data to address
students' instructional
needs.
Provides clear, consistent and
convincing evidence of student
improvement toward meeting the
standards by providing evidence of
student performance using a rich
variety of multiple measures and
assessments and documenting how
the data were used to address
students' instructional needs.
5c
Provides
evidence of
student
improvement
toward
standards
through DSTP I
& II scores and
other sources of
data
Is unaware of the
distribution in student
achievement or makes no
effort to close the gap by
addressing the different
needs of individual students
or groups of students within
the class. Measurable
discrepancies in student
learning persist.
Is aware of the distribution in
student achievement and makes
a limited effort to close the gap
by addressing the different
needs of individual students or
groups of students within the
class. The distribution in
student achievement within the
class is beginning to close.
Is very aware of the
distribution in student
achievement and makes a
concerted effort to close the
gap by addressing the
different needs of
individual students or
groups of students within
the class. There is clear
evidence that the
distribution in student
achievement is being
closed.
Is proactive in addressing the
distribution in student
achievement and uses researchbased
strategies to effectively
close the gap by addressing the
different needs of individual
students or groups of students
within the class. There is clear
evidence that students are
achieving at higher levels and
that the distribution in student
achievement is being closed.
The specialist provides
leadership to colleagues in the
identification and use of
effective strategies to address
the distribution in student
achievement.
3.5.1 Domain 1: Planning and Preparation
3.5 A Framework for Specialists: School Psychologists
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
1a
Demonstrating
knowledge of
content related to
best practice
Displays little knowledge of
what constitutes best practice
as a service delivery model.
Displays basic knowledge
of what constitutes best
practice as a service
delivery model.
Displays solid knowledge
concerning what constitutes
best practice as a service
delivery model.
Displays extensive knowledge
concerning what constitutes
best practice a service
delivery model, with evidence
of continuing pursuit of such
knowledge.
1b
Demonstrating
knowledge
pedagogical
issues
Displays little understanding
of pedagogical issues related
to best practice.
Displays basic
understanding of
pedagogical issues related
to best practice.
Displays solid
understanding
pedagogical issues related
to best practice, but without
anticipating misconceptions
relating to service delivery.
Displays extensive
understanding of pedagogical
issues related to best practice,
and anticipates misconceptions
related to service delivery.
1c
Demonstrating
knowledge
state and federal
regulations
Displays little knowledge of
state and federal regulations.
Displays basic knowledge
of state d ederal
regulations.
Displays solid knowledge
of state nd federal
regulations.
Displays accurate knowledge of
state and federal regulations,
and utilizes this knowledge to
access services for students.
Practice reflects compliance
with the latest regulations.
as
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DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1100 PROPOSED REGULATIONS
1d
Demonstrating
knowledge of
child and human
development and
psychopathology
Displays little knowledge of
typical child and man
development s well s
psychopathology, including
those internal and external
influences that may affect
human development.
Displays basic knowledge of
typical hild and human
development as well s
psychopathology, including
those internal and external
influences that may affect
human development.
Displays solid knowledge
of typical child and human
development nd
psychopathology, including
those internal and external
influences that may affect
human development.
Displays extensive knowledge
of typical child and human
development and
psychopathology, can apply
those tenets to practice, and
displays extensive knowledge
of internal and external
influences that may ffect
human development.
1e
Demonstrating
knowledge of
learning theory,
skill acquisition,
and ndividual
strengths nd
needs
Displays little understanding
of learning theory and its
relationship to student
acquisition of skills and
knowledge.
Displays basic understanding
of learning theory and its
relationship to student
acquisition of skills and
knowledge.
Displays a solid
understanding of learning
theory and the acquisition
of skills and knowledge,
and can ply his
understanding to the
identification of strengths
and needs for individual
students.
Displays an extensive
understanding of learning
theory and the acquisition of
skills and nowledge, can
apply this understanding to the
identification of strengths and
needs for individual students,
and can develop interventions
to utilize strengths and address
the ds of individual
students.
1f
Demonstrating
knowledge of
student diversity
Displays little understanding
of individual diversity
cultural heritage and does not
indicate that such knowledge
is valuable.
Recognizes the value f
understanding individual
diversity or cultural heritage.
Displays an understanding
of the diversity or cultural
heritage of groups of
students, and ecognizes
the value of this
knowledge.
Displays an understanding of
the diversity r cultural
heritage of each individual, and
incorporates this information
into interactions and
interventions.
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Demonstrating
knowledge of
information
sources and
technology
Makes no attempt to access,
evaluate, or utilize various
information sources and
technologies.
Makes a limited attempt to
access, evaluate and utilize
various information sources
and technologies.
Consistently accesses,
evaluates, and utilizes
various information
sources and technologies.
Consistently accesses,
evaluates, and utilizes various
information sources and
technologies, and uses this
information to enhance service
delivery.
1h
Designing
service
delivery
Fails to maintain a
professional knowledge base
of current information and
research, and has no
understanding of research
design and statistics.
Maintains a limited
professional knowledge base
of current information and
research, and understands
research design and statistics.
Maintains a solid
professional knowledge
base of current information
and research, and
understands research
design and statistics.
Maintains an extensive
professional knowledge base of
current information and
research, understands research
design and statistics, and
consistently translates this
information into practice.
Delivery of Service
3.5.2 Domain 2: Professional Practice and
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
2a
Utilizing
appropriate
methods
Makes no attempt to utilize
prevention, health promotion,
and crisis intervention methods.
Demonstrates little knowledge
of appropriate programs to
address issues of child
development, psychopathology,
diversity, social stressors,
change and systems.
Makes inconsistent
attempts to utilize effective
prevention, health
promotion, and crisis
intervention methods based
on wledge child
development,
psychopathology, diversity,
social stressors, change and
systems.
Consistently utilizes
prevention, health
promotion, and crisis
intervention methods
based on knowledge of
child development,
psychopathology,
diversity, social
stressors, change d
systems.
Consistently utilizes prevention,
health promotion, and risis
intervention methods based on
knowledge of child development,
psychopathology, diversity, social
stressors, change and systems, and
shares this knowledge with others.
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DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1101
2b
Creating an
environment of
respect and
rapport
Interactions with at least some
students, staff or parents are
negative or inappropriate and
characterized by sarcasm, putdowns,
or conflict.
Interactions are generally
appropriate and free from
conflict, but may be
characterized by occasional
displays of insensitivity.
Interactions reflect
general warmth and
caring, and are respectful
of cultural and
developmental
differences.
Interactions are highly respectful,
reflecting genuine warmth and
caring toward individuals.
Interactions model and encourage
high levels of civility among
students, staff, and parents.
2c
Maintaining
confidentiality
Is not alert to issues of
confidentiality and shares
privileged information
inappropriately.
Understands the NASP
standards regarding ethics
and confidentiality and
consistently adheres to
those standards.
Understands the NASP
standards garding
ethics and
confidentiality,
consistently adheres to
those standards, and is
proactive in maintaining
confidentiality.
Understands the NASP standards
regarding thics and
confidentiality, onsistently
adheres to those standards, and is
highly proactive in promoting
confidentiality by explaining the
parameters to others.
2d
Creating
expectations for
learning and
achievement
Interactions, ttitude, nd
service delivery model convey
little or no expectations for
student achievement.
Interactions, attitude, and
service ivery model
convey nimal
expectations for student
achievement.
Interactions, attitude, and
service delivery model
convey high expectations
for student achievement.
Interactions, attitude, and service
delivery model establishes and
maintains high expectations for
the learning of all students, and
the School Psychologist works
proactively to create a learning
environment that supports the
success of all students.
2e
Organizing
work
Makes inefficient use of the
space, time d erials,
resulting in a limited delivery of
service.
Efforts at efficient use of
space, time and materials
are inconsistent, resulting
in the delivery of a limited
variety of services.
Use of space, time and
materials are consistently
efficient, resulting in the
delivery of a variety of
services.
Use of space, time and materials
are consistently efficient, resulting
in the delivery of a wide variety of
services. Works cooperatively
within the system to make
appropriate changes with space,
time and materials in an effort to
enhance services.
2f
Evaluating
service delivery
Fails to understand he
importance f conducting
investigations and program
evaluations for improvement of
services.
Understands the
importance of conducting
investigations and program
evaluations, but fails to
engage in this activity for
improvement of services.
Understands the
importance
conducting
investigations and
program evaluations, and
engages in this activity
for mprovement of
services.
Understands the importance of
conducting investigations and
program evaluations, and engages
in this activity for improvement of
services. Seeks out feedback from
others for the purpose of
evaluating delivery of services.
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Consultation
3.5.3 Domain 3: Professional Collaboration and
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
3a
Communicating
information
clearly
Spoken or written language
may be nclear and y
contain any grammatical
errors. Vocabulary may be
inappropriate, vague, or used
incorrectly, leaving listeners
confused.
Spoken written
language is clear and
correct. Vocabulary is
limited, or is not
appropriate to listeners'
age, background, or level of
understanding.
Spoken and written language
is clear and correct.
Vocabulary is appropriate to
listeners' age, background,
and level of understanding.
Spoken and written language is correct
and expressive, with well-chosen
vocabulary that enriches discussion and
anticipates possible misunderstanding.
3b
Providing quality
feedback in a
timely manner
No feedback is provided, or
feedback is of uniformly poor
quality and is not given in a
timely manner.
Feedback is inconsistent
in quality and timeliness.
Feedback is timely and of
consistently high quality.
Feedback is consistently accurate,
substantive, constructive, specific,
and timely.
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DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1102 PROPOSED REGULATIONS
3c
Promoting
partnerships
with educators,
parents, and
communities
Does not communicate or
partner with educators,
families, or the community.
Makes a limited attempt
to participate in
partnerships with
educators, families, and
the community.
Creates solid
partnerships with
educators, families and
the community.
Creates extensive partnerships with
educators, families and the
community. Uses an extensive
repertoire of strategies and
resources to respond to the various
needs identified in the partnerships.
3d
Working within
the school as a
system
Displays little understanding of
the school as a system, and
adheres rigidly to a service
delivery model that is
unresponsive to the changing
needs within the system.
Displays some
understanding of the
school as a system, but
maintains a rigid service
delivery model that is
unresponsive to the
changing needs within the
system.
Demonstrates
understanding of the
school as a system, and
makes some adjustments
to service delivery in
response to changes
within the system.
Demonstrates understanding of the
school as a system, and the role of
the School Psychologist within the
system. Responds to the changing
needs within the system and
continually makes adjustments to
service delivery in an effort to
address those changes.
3e
Creating
cognitive/
academic,
behavioral,
affective, and/or
adaptive goals
Fails to address the need for
collaborating with others to
meet student cognitive/
academic, behavioral,
affective, and/or adaptive
needs.
Collaborates with others
to meet student needs, but
is reactive to requests
rather than proactive.
Is proactive in
collaborating with others
to develop challenging
but achievable cognitive/
academic, behavioral,
affective, and/or adaptive
goals for students.
Proactively collaborates with
others to develop challenging but
achievable cognitive/
academic, behavioral, affective,
and/or adaptive goals for students.
Partners with others to design,
implement, and evaluate direct and
indirect interventions to achieve
those goals.
3f
Sharing
information
regarding new
developments in
research and
technologies
Fails to inform others about
new technologies or new
developments in research to aid
in collaborative decisionmaking.
Is inconsistent in
communicating
information about new
technologies or new
developments in research
to aid in collaborative
decision-making.
Consistently
communicates
information about new
technologies or new
developments in research
to aid in collaborative
decision-making.
Consistently communicates
information about new technologies
or new developments in research
while collaborating with others.
Seeks out additional resources to
aid in collaborative decisionmaking.
3.5.4 Domain 4: Professional Responsibilities
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
4a
Maintaining
accurate records
Has no system for maintaining
information and records are in
disarray, resulting in errors and
confusion.
System for maintaining
information is partially
effective, and records are
adequate but equire
frequent monitoring to avoid
error.
System for maintaining
information is complete and
records are accurate and in
order.
System for maintaining
information is complete
and records are accurate
and in order. Information
can ily and
effectively accessed.
4b
Growing d
developing
professionally
Does not engage in professional
development ctivities, and
does not participate in inservice
raining to enhance
knowledge or skill.
Participates in professional
development activities to a
limited extent when they are
convenient.
Seeks out opportunities for
professional development to
enhance content knowledge
and skill.
Seeks out opportunities for
professional development
and makes a systematic
attempt to apply new
knowledge and skills to
enhance service delivery.
4c
Providing
service to the
profession
Makes o effort to share
knowledge with others or to
assume professional
responsibilities.
Contributes to the profession
in limited ways.
Participates actively in
assisting other professionals.
Initiates important
activities to contribute to
the profession, such as
mentoring new
professionals, writing
articles for publication, and
making presentations.
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PROPOSED REGULATIONS 1103
4d
Participating in
school and
district events
and/or projects
Avoids becoming involved in
school events and/or school or
district projects.
Participates in school events
and/or school or district
projects when specifically
asked.
Volunteers to participate in
school events and/or school
or district projects.
Volunteers to participate in
school events and/or
school or district projects,
and assumes a leadership
role in all vents or
projects.
4e
Facilitating
structural and
policy changes
Demonstrates no understanding
of the district-wide and building
level structure and policies.
Demonstrates limited
understanding of the districtwide
and building level
structure and policies.
Demonstrates thorough
understanding of the districtwide
and building level
structure and policies.
Demonstrates thorough
understanding of the
district-wide and building
level structure and policies,
and facilitates changes to
create positive learning
environments to meet the
needs of all students.
4f
Serving s an
advocate or
students
Contributes to school practices
that result in some students
being ill served by the school.
Service o students is
inconsistent, with the result
that all students do ot
receive a fair opportunity to
succeed.
Works to consistently serve
students, and to ensure that
all students receive a fair
opportunity to succeed.
Makes a particular effort to
challenge tive
attitudes and helps ensure
that all students,
particularly those
traditionally underserved,
are honored in the school.
Is highly proactive in
serving students, seeking
out resources when
necessary.
4g
Demonstrating
professionalism
in decisionmaking
d
evaluation of
service delivery
Decisions are based on selfserving
interests, and no
attempt is made to evaluate
outcomes of service delivery
model.
Decisions re based on
limited though genuinely
professional considerations.
Makes inconsistent attempts
to evaluate outcomes of
service delivery model.
Participates in team or
departmental decisionmaking
and maintains an
open mind. Consistently
engages in evaluating
outcomes of service delivery
model, and makes some
changes to model to improve
services.
Assumes a leadership role
in team or departmental
decision-making, and helps
ensure that such decisions
are based on the highest
professional standards.
Consistently engages in
evaluating outcomes of
service delivery model and
makes changes to model to
improve services; seeking
feedback from others with
regard to effectiveness of
services.
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3.5.5 Domain 5: Student Improvement
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
5a
Uses data from the
DSTP I School
Accountability
Performance Rating to
help educators make
instructional decisions
There is no evidence that
DSTP School
Accountability Performance
Rating data inform planning
or impact on instructional
decisions. There s no
evidence of student
improvement.
There is limited evidence that
DSTP School Accountability
Performance Rating data
inform planning or impact on
instructional decisions.
Limited evidence of student
improvement is found.
There is clear evidence
that DSTP School
Accountability
Performance Rating data
inform planning and
impact on instructional
decision s. Clear
evidence of student
improvement is found.
There is clear and convincing
evidence that DSTP School
Accountability Performance
Rating data are used to inform
planning and impact on
instructional decisions. Clear,
consistent and convincing
evidence f student
improvement is found.
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DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1104 PROPOSED REGULATIONS
5b
Identifies multiple
measures and
variety
assessments e.g.,
DSTP I & II on-line
scores, pre & post
testing,
performances,
portfolios, oral
presentations,
projects) to
document student
improvement.
Does not provide evidence
of student improvement
toward meeting the
standards, or evidence
provided shows that students
are not making improvement
toward standards.
Provides limited evidence of
some student improvement
toward meeting the standards.
Provides clear evidence
of student improvement
toward meeting the
standards using multiple
evidence sources and
demonstrating
understanding of the use
of the data to address
students' instructional
needs.
Provides clear, consistent and
convincing evidence of student
improvement toward meeting
the tandards by providing
evidence f student
performance using a rich variety
of multiple measures and
assessments and documenting
how the data were used to
address students' instructional
needs.
5c
Provides evidence of
student
improvement toward
standards rough
DSTP I & II scores
and other sources of
data
Is unaware the
distribution n student
achievement or makes no
effort to close the gap by
addressing the different
needs of individual students
or groups of students within
the ass. Measurable
discrepancies n student
learning persist.
Is aware of the distribution in
student achievement and
makes a limited effort to close
the gap by addressing the
different needs of individual
students or groups of students
within the class. The
distribution in student
achievement within the class
is beginning to close.
Is ery aware of the
distribution in student
achievement and makes a
concerted effort to close
the gap by addressing the
different needs of
individual students or
groups of students within
the class. There is clear
evidence that the
distribution in student
achievement is being
closed.
Is proactive in addressing the
distribution in student
achievement and uses researchbased
strategies to effectively
close the gap by addressing the
different needs of individual
students or groups of students
within the class. There is clear
evidence hat students are
achieving at higher levels and
that the distribution in student
achievement is being closed.
The teacher provides leadership
to colleagues in the
identification and use of
effective strategies to address
the distribution in student
achievement.
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3.6.1 Domain 1: Planning and Preparation
3.6 A Framework for Specialists: Student Support
Specialists
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
1a
Demonstrating
knowledge of standards
Displays little or no knowledge of
local, state and/or national
standards.
Displays generally
accurate knowledge of
local, state and/or
national standards with
professional and
ethical practice.
Displays and integrates
into practice solid content
knowledge of local, state
and/ or national standards
with professional and
ethical practice.
Displays and integrates into
practice extensive content
knowledge of local, state
and/or national standards and
assumes an active role in
disseminating knowledge
and respecting
confidentiality.
1b
Demonstrating
knowledge of students
Unfamiliar with characteristics of
students, e.g. disability, diversity,
development, and does not indicate
that such knowledge is valuable or
important.
Displays general
understanding of
characteristics of
students, e.g.
disability, diversity,
development, and
recognizes that such
knowledge is valuable.
Displays solid
understanding of
characteristics of students,
e.g. disability, diversity,
development, and
integrates that knowledge
into the student's
program.
Displays solid understanding
of characteristics of students,
e.g. disability, diversity,
development, to help
students identify and use
their own strengths in
planning for their learning.
1c
Planning for student
needs
Minimal understanding of student
needs and plans regardless of needs.
General understanding
of student needs and
recognizes these needs
when planning student
program.
Thorough understanding
of needs and incorporates
the needs in planning
student program.
Identifies student needs and
aggressively plans program
based on current practice or
research.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1105
1d
Providing feedback to
staff, parents, and
students
Provides no feedback, or feedback
is of uniformly poor quality and not
provided in a timely manner.
Feedback is
inconsistent in quality
and inconsistent with
respect to timeliness.
Feedback is of moderate
quality, usually
consistent, and provided
in a timely manner.
Feedback is consistently
accurate, substantive,
constructive, specific and
provided in a timely manner.
Delivery of Service
3.6.2 Domain 2: Professional Practice and
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
2a
Demonstrating
caseload
management
Unable to manage caseload and
delivery of service to students.
Manages caseload with
minimal proficiency and
results. Difficulty
prioritizing caseload
needs and delivery of
service.
Effectively manages
caseload with ability to
prioritize needs. Completes
delivery of services on time.
Completes caseload
responsibilities and
demonstrates initiative in
extending and integrating
services.
2b
Providing advocacy
for students
Provides no advocacy for the
student and eliminates any
opportunities to receive potential
benefits.
Provides sporadic
advocacy to maintain
students' educational
program.
Advocates for services to
enhance students' learning.
Aggressively advocates for
services that directly affect
students' learning and confronts
challenges that may
negatively affect learning.
2c
Communicating
effectively
Spoken language is inaudible and/or
written language is illegible. Spoken
and written language may contain many
grammar and syntax errors. Vocabulary
may be inappropriate, vague, or used
incorrectly, leaving listeners confused.
Spoken language is audible
and written language is
legible. Both are used
correctly. Vocabulary is
correct but limited or is not
appropriate to the listener's
age, background or level of
understanding.
Spoken and written language is
clear and correct. Vocabulary is
appropriate to listener's age,
background and level of
understanding.
Spoken and written language is
correctly used to convey
intended purpose and anticipates
possible student misconceptions.
2d
Listening well to
others
Does not listen well to others,
limiting appropriate interactions.
Makes attempts to listen
well to others during a
discussion, with limited
success.
Listens well to others and
adequately facilitates
appropriate interaction
among all participants.
Listens well to others,
effectively facilitates
appropriate interactions and
successfully engages all
participants in the
discussion.
Consultation
3.6.3 Domain 3: Professional Collaboration and
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
3a
Establishing
partnerships with
educational colleagues
and outside agencies
Does not create partnerships or
creates partnerships that
fragment and/or interrupt
services that would otherwise
enhance student learning.
Infrequent contacts create
limited partnerships
resulting in a limited
opportunity in type and
quality of services to
benefit student learning.
Frequent contacts create
successful partnerships
that enhance student
learning. Maintains an
open mind and participates
in team or departmental
student decision-making.
Initiates and reciprocates
consistent contacts to ensure
student learning. Includes
and values student input.
Takes a leadership role in
team or departmental
decision-making that is
based on the highest
professional and ethical
standards.
3b
Sharing of information
Fails to share or recognize the
importance of how the
information relates to the
student's programming and
learning.
Inconsistently shares
selective information that
limits students' access to
programming and
learning.
Consistently shares and
exchanges information to
promote student access to
programming and
learning.
Consistently shares in a
variety of formats and
determines information
relevant to the student's
program, enhancing the
student's learning.
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1106 PROPOSED REGULATIONS
3c
Communicating with
students and families
Ignores or diminishes issues of
students and families and takes
no action to respond to these
issues.
Attempts to address
students' and families'
concerns with minimal
action and follow-up.
Consistently listens
respectfully to students'
and families' concerns,
reacts accordingly, and
provides appropriate
follow-up.
Addresses students' and
families' concerns with
confidentiality and is
proactive to elicit change.
3.6.4 Domain 4: Professional Responsibilities
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
4a
Reflecting on practice
Does not know if practice was
effective in achieving the goals.
Has no suggestions for
improvement.
Has some knowledge of
effectiveness of
practice, the extent to
which the goals were
met and makes
suggestions for
improvement
Can consistently assess
the effectiveness of
practice, the extent and
justification to which the
goals are met. Can
identify the specific areas
for improvement.
Makes a thorough and
accurate assessment of
effectiveness of practice by
citing the strengths and
weaknesses as they relate to
each goal. The practice has a
positive impact on the student.
4b
Maintaining accurate
records
Records are in disarray,
resulting in errors, confusion
and hindering delivery of
service.
Records are adequate
but require frequent
monitoring and
supervision.
Records are complete in
their content, comply
with requirements and
adhere to timely
submission.
Record content is
comprehensive and
confidential; maintenance is
meticulous and is in
compliance with state and
federal regulations.
4c
Growing and
developing
professionally
Makes no effort to share
knowledge with others or to
assume professional
responsibilities.
Finds limited ways to
contribute to the
profession.
Participates actively in
assisting other educators.
Initiates important activities to
contribute to the profession,
such as mentoring and making
presentations.
4d
Showing
professionalism
Not alert to students' needs.
Invades confidentiality. Lacks
respect.
Decisions are based on
limited, though
genuinely professional,
consideration. Respect
student needs and
maintains
confidentiality.
Works within the context
of a particular team or
department to ensure that
all students receive a fair
opportunity to succeed.
Highly proactive in serving
students, making an effort to
challenge negative attitudes.
Seeks out resources for
students when necessary.
3.6.5 Domain 5: Student Improvement
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
5a
Uses data from the DSTP I
School Accountability
Performance Rating to
help educators make
instructional decisions
There is no evidence that
DSTP School Accountability
Performance Rating data
inform planning or impact on
instructional decisions. There
is no evidence of student
improvement.
There is limited
evidence hat DSTP
School Accountability
Performance Rating data
inform planning or
impact on instructional
decisions. Limited
evidence f student
improvement is found.
There is clear evidence
that DSTP School
Accountability
Performance Rating data
inform planning and
impact on instructional
decisions. Clear evidence
of student improvement is
found.
There is clear and convincing
evidence that DSTP School
Accountability Performance
Rating data are used to
inform planning and impact
on instructional ecisions.
Clear, consistent and
convincing evidence of
student improvement is
found.
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DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1107
5b
Identifies multiple
measures and a vareity
of assessments (e.g.,
DSTP I & II on-line
scores, pre osttesting,
performances,
portfolios, oral
presentations, projects)
to document student
improvement
Does not provide evidence of
student improvement toward
meeting the standards, or
evidence provided shows that
students are making
improvement toward
standards.
Provides limited
evidence f some
student improvement
toward meeting the
standards.
Provides clear evidence of
student improvement
toward meeting the
standards using multiple
evidence ources and
demonstrating
understanding of the use
of the data to address
students' instructional
needs.
Provides clear, consistent and
convincing evidence of
student improvement toward
meeting the tandards by
providing evidence of student
performance using a rich
variety of multiple measures
and assessments and
documenting how the data
were used to address
students' instructional needs.
5c
Provides evidence of
student improvement
toward standards
through DSTP I & II
scores and other sources
of data
Is unaware of the distribution
in student achievement or
makes no effort to close the
gap by addressing the different
needs of individual students or
groups of students within the
class. Measurable
discrepancies n student
learning persist.
Is aware of the
distribution in student
achievement and makes
a limited effort to close
the gap by addressing
the different needs of
individual students or
groups of students
within the class. The
distribution in student
achievement within the
class is beginning to
close.
Is very aware the
distribution in student
achievement and makes a
concerted effort to close
the gap by addressing the
different needs of
individual students or
groups of students within
the class. There is clear
evidence hat the
distribution in student
achievement is being
closed.
Is proactive in addressing the
distribution in student
achievement and uses
research-based strategies to
effectively close the gap by
addressing the different needs
of individual students or
groups of students within the
class. There is clear evidence
that students are achieving at
higher levels and that the
distribution in student
achievement is being closed.
The specialist provides
leadership to colleagues in
the identification and use of
effective strategies to address
the distribution in student
achievement.
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3.7.1 Domain 1: Planning and Preparation
3.7 A Framework for Specialists: Therapeutic Services
Specialists
Component Level of Performance
Unsatisfactory Basic Proficien Distinguished
1a
Demonstrating
knowledge of current
and best practice
Demonstrates minimal
knowledge of current research,
professional literature, and best
practices.
Demonstrates limited
knowledge of current
research, professional
literature, and best
practices
Demonstrates thorough
knowledge of current
research, professional
literature, and best practices.
Takes a leadership role in
disseminating and sharing
knowledge of current
research, best practice, and
professional literature with
colleagues and the
community.
1b
Demonstrating
knowledge of students
Demonstrates minimal
knowledge of developmental
characteristics, student/
individual skills and
knowledge, and cultural factors
(when applicable).
Demonstrates limited
knowledge of
developmental
characteristics, student/
individual skills and
knowledge, and cultural
factors (when
applicable).
Demonstrates thorough
knowledge of
developmental
characteristics, student/
individual skills and
knowledge, and cultural
factors (when applicable).
Demonstrates extensive
knowledge of developmental
characteristics, student/
individual skills and
knowledge, and cultural
factors (when applicable)
and shares that knowledge
with colleagues and the
community.
1c
Designing treatment
plans
Demonstrates little
understanding of appropriate
goals and setting.
Inconsistently chooses
appropriate goals and
setting.
Consistently chooses
appropriate goals and
setting.
Consistently chooses
appropriate goals and setting.
In addition, develops
creative and flexible models
of treatment plans to met the
needs of individual students.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1108 PROPOSED REGULATIONS
1d
Demonstrating
knowledge of student
needs
Demonstrates little knowledge
of individual students' needs.
Demonstrates some
knowledge of individual
students' needs.
Demonstrates thorough
knowledge of students' needs
and effectively addresses these
needs.
Demonstrates thorough
knowledge of students' needs
and seeks specific resources to
effectively address those needs.
Delivery of Service
3.7.2 Domain 2: Professional Practice and
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
2a
Selecting/utilizing
appropriate assessment
techniques
Chooses assessment techniques
that are nappropriate to the
students' needs.
Demonstrates a limited
range of assessment
techniques.
Uses individualized
assessment techniques
based on student age,
culture, and resent
concern.
Highly skilled at
incorporating standardized
and informal assessment
techniques based
thorough nowledge of
student's background and
needs.
2b
Selecting/utilizing
appropriate
treatment techniques
Chooses treatment techniques
that are inappropriate to student's
needs.
Provides a limited
repertoire of treatment
techniques.
Provides individualized
treatment techniques
based on student age,
culture, and resent
concern.
Provides individualized
treatment techniques based
on student age, culture, and
present concern. Ensures
carry-over of treatment to
other environments.
Assumes onsiderable
responsibility for the
operation.
2c
Engaging students in
learning
Students are bored, inattentive,
and not engaged in the learning
process.
Students are inconsistently
engaged in the learning
process.
Students are consistently
engaged in the learning
process and appear highly
motivated to learn.
Students are consistently
engaged in the learning
process and appear highly
motivated to learn. Students
take obvious pride in their
work through initiating,
adapting, or contributing to
improvements in their
learning process.
2d
Creating an
environment
conducive to learning
Students are not treated with
respect. tle effort is made to
create a safe and caring learning
environment.
Students may be treated
with respect. Inconsistent
efforts are made to create
a safe and caring learning
environment.
Students are treated with
respect. The earning
environment is
consistently safe and
caring.
Students are treated with
respect. The learning
environment is consistently
safe and caring. In addition,
the specialist uses feedback
from others nd offers
suggestions to ensure a safe
and ing learning
environment across settings.
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3.7.3 Domain 3: Professional Collaboration and
Consultation
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
3a
Consulting and
collaborating with
professionals
Does not consult or
collaborate with other
professionals.
Consults and collaborates
with other professionals
on a limited basis.
Consults and collaborates
with other professionals on
a consistent basis.
Creates effective
partnerships with
professionals to address
individual student needs.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1109
3b
Communicating with
families
Does not communicate
effectively with families.
Demonstrates limited
ability to communicate
effectively with families.
Communicates with
families on a regular basis
and is available to parent
and student concerns.
Creates an effective
partnership with families to
address students' needs by
providing information
frequently on student
progress. Handles response
to parent or student with
sensitivity.
3c
Maintaining
professional
relationships with
colleagues
Maintains a negative or selfserving
relationship with
colleagues.
Maintains cordial
relationships with
colleagues.
Maintains supportive and
cooperative relationships
with colleagues.
Takes initiative in assuming
leadership roles with
colleagues.
Responsibilities
3.7.4 Domain 4: Professional
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
4a
Maintaining rate
records
Records are n disarray,
resulting in errors nd
confusion.
Records may be
partially completed or
inaccurate.
Records are lete,
accurate, and in order.
Records are lete,
accurate, and in order.
Information can be easily and
effectively accessed.
Participates in the
development or revision of
methods and forms r
maintaining accurate records.
4b
Participating
effectively on a team
Contributes to practices
resulting in students being ill
served. Does not share
knowledge skills with
others.
Participates to some
extent within teams.
Limited in sharing
knowledge and skills
with others.
Participates within teams or
departments to ensure
students being served
appropriately. Works to
assist others in decisionmaking.
Takes a leadership role in
decision-making with teams
or departments to ensure
decisions are made on the
highest professional
standards. Contributes
information to assist others in
the profession, such as
making esentation,
mentoring, and writing
articles.
4c
Demonstrating
professional
development/ licensure
Does not engage in activities to
enhance to enhance knowledge
or skill for rofessional
development. Does not meet
requirements for licensure.
Participates in
professional activities
on a limited extent.
Maintains licensure
requirements. mited
ways to contribute to the
profession.
Seeks out opportunities for
professional development
activities to enhance
knowledge and skill.
Actively participates in
assisting lleagues.
Maintains licensure
requirements.
Initiates important activities
to contribute to the
profession. Seeks ut
opportunities for professional
development and make
systematic attempt to conduct
action research in program.
Pursues rofessional
development in knowledge
and skill above the required
licensure hours.
4d
Reflecting on
professional practice
Does not attempt to assess
effectiveness of program.
Makes limited attempts
at assessing
effectiveness of
program.
Consistently reflects on
program success; makes
suggestions or adjustments
to allow improvement.
Makes an extensive nd
accurate measurement of
program success. Ability to
adjust, by drawing on skills
and knowledge and seeking
out pportunities for
professional development, to
ensure success in programs.
accu
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o
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1110 PROPOSED REGULATIONS
3.7.5 Domain 5: Student Improvement
Component Level of Performance
Unsatisfactory Basic Proficient Distinguished
5a
Uses data from the DSTP
I School Accountability
Performance Rating to
help educators make
instructional decisions
There is no evidence that
DSTP School Accountability
Performance Rating data
inform planning or impact on
instructional decisions. There
is no evidence of student
improvement.
There is limited evidence
that DSTP School
Accountability
Performance Rating data
inform planning or
impact on instructional
decisions. Limited
evidence of student
improvement is found.
There is clear evidence that
DSTP School
Accountability Performance
Rating data inform planning
and impact on instructional
decisions. Clear
evidence of student
improvement is found.
There is clear and convincing
evidence that DSTP School
Accountability Performance
Rating data are used to
inform planning and impact
on instructional decisions.
Clear, consistent and
convincing evidence of
student improvement is
found.
5b
Identifies multiple
measures and vareity of
assessments (e.g., DSTP
I & II on-line schores,
pre & post-testing,
performances,
portfolios, oral
presentations, projects)
to document student
improvement
Does not provide evidence of
student improvement toward
meeting the standards, or
evidence provided shows that
students are not making
improvement toward
standards.
Provides limited
evidence of some student
improvement toward
meeting the standards.
Provides clear evidence of
student improvement
toward meeting the
standards using multiple
evidence sources and
demonstrating an
understanding of the use of
the data to address students'
instructional needs.
Provides clear, consistent and
convincing evidence of
student improvement toward
meeting the standards by
providing evidence of student
performance using a rich
variety of multiple measures
and assessments and
documenting how the data
were used to address
students' instructional needs.
5c
Provides evidence of
student improvement
toward standards
through DSTP I & II
scores and other
sources of data
Is unaware of the distribution
in student achievement or
makes no effort to close the
gap by addressing the
different needs of individual
students or groups of students
within the class. Measurable
discrepancies in student
learning persist.
Is aware of the
distribution in student
achievement and makes
a limited effort to close
the gap by addressing the
different needs of
individual students or
groups of students within
the class. The
distribution in student
achievement within the
class is beginning to
close.
Is very aware of the
distribution in student
achievement and makes a
concerted effort to close the
gap by addressing the
different needs of individual
students or groups of
students within the class.
There is clear evidence that
the distribution in student
achievement is being
closed.
Is proactive in addressing the
distribution in student
achievement and uses
research-based strategies to
effectively close the gap by
addressing the different needs
of individual students or
groups of students within the
class. There is clear evidence
that students are achieving at
higher levels and that the
distribution in student
achievement is being closed.
The specialist provides
leadership to colleagues in
the identification and use of
effective strategies to address
the distribution in student
achievement.
3.7.5.1 Pursuant to 14 Del. C. § 1270(c),
mitigating factors, including student absence, student
mobility, student chronic noncompliance with school rules,
chronic failure by parents to abide by the Parents'
Declaration of Responsibilities, and other factors which
include, but are not limited to, environmental disruptions
over which the specialist has no control, an external event,
such as the death or serious injury of a student, which
impacts the school or district, as may be jointly agreed upon
by the specialist and the evaluator, that may adversely affect
a specialist's evaluation must be taken into consideration in
rating Domain 5, and must be included in any discussion
between the evaluator and the specialist. Scores of students
who are impacted by any of the above mitigating factors are
eliminated from consideration of a specialist's performance
on Domain 5.
3.8 Each domain shall be weighted equally in
determining an overall rating for a specialist. Using a set of
rubrics, each domain shall be rated "unsatisfactory", "basic",
"proficient", or "distinguished". An annual summative
evaluation shall be completed for each specialist, and shall
result in a rating for each domain and an overall rating of
performance.
3.8.1 A rubric shall be used to rate each domain,
as well as to derive the overall rating of the DPAS II
evaluation. The ratings are as follows:
3.8.1.1 Distinguished Performance in a
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PROPOSED REGULATIONS 1111
Domain -- Specialists at this level are master specialists and
make a contribution to the field, both in and outside of their
school.
3.8.1.2 Proficient Performance in a Domain --
The specialist clearly understands the concepts underlying
the domain and implements them well.
3.8.1.3 Basic Performance in a Domain --
The specialist appears to understand the concepts underlying
the component and attempts to implement its elements, but
implementation is sporadic, intermittent, or otherwise not
entirely successful.
3.8.1.4 Unsatisfactory Performance in a
Domain -- The specialist does not yet appear to understand
the concepts underlying the domain. The specialist's
performance in that domain is unacceptable, and an
assistance plan shall be developed to focus the specialist on
strategies to improve performance in the identified domain.
3.8.2 Specialists shall receive an overall rating,
annually, of "distinguished", "proficient", "basic", or
"unsatisfactory". Such rating shall be a cumulative rating,
arrived at in accordance with the procedures for Overall
Performance on a Summative Evaluation and scoring guide,
based on ratings on all five domains over the school year.
3.9 Domain Ratings on a Summative Evaluation.
3.9.1 Distinguished Performance in a Domain
on a Summative Evaluation-- The specialist receives no
unsatisfactory or basic ratings within that same domain for
all formative materials being considered for the domain, and
an overall score for that domain greater than 2.5 when
averaging the score for that domain on all formative
materials being considered for the summative evaluation
(with each distinguished domain being assigned a score of 3,
each proficient domain a score of 2, each basic domain a
score of 1 and each unsatisfactory domain a score of zero).
3.9.2 roficient Performance in a Domain on a
Summative Evaluation-- The specialist receives no
unsatisfactory ratings within that same domain for all
formative materials being considered for the domain, and an
overall score for that domain greater than 1.5 when
averaging the score for that domain on all formative
materials being considered for the summative evaluation
(with each distinguished domain being assigned a score of 3,
each proficient domain a score of 2, each basic domain a
score of 1 and each unsatisfactory domain a score of zero).
3.9.3 Basic Performance in a Domain on a
Summative Evaluation-- The specialist receives an overall
score for that domain greater than .5 when averaging the
score for that domain on all formative materials being
considered for the summative evaluation (with each
distinguished domain being assigned a score of 3, each
proficient domain a score of 2, each basic domain a score of
1 and each unsatisfactory domain a score of zero).
3.9.4 Unsatisfactory Performance in a Domain
on a Summative Evaluation - The specialist receives an
overall score for that domain less than or equal to .5 when
averaging the score for that domain on all formative
materials being considered for the summative evaluation
(with each distinguished domain being assigned a score of 3,
each proficient domain a score of 2, each basic domain a
score of 1 and each unsatisfactory domain a score of zero).
3.10 Overall performance on a Summative
Evaluation
3.10.1 Distinguished Performance on a
Summative Evaluation -- The specialist receives at least
three distinguished ratings, and no unsatisfactory or basic
ratings among the five domains of the summative evaluation.
3.10.2 Proficient Performance on a Summative
Evaluation -- The specialist receives at least three proficient
or higher ratings, or a combination of proficient and
distinguished ratings in three domains, no more than two
basic ratings, and no unsatisfactory ratings among the five
domains of the summative evaluation, and does not meet the
criteria for a distinguished rating.
3.10.3 Basic Performance on a Summative
Evaluation -- The specialist receives at least four ratings of
basic or higher and no more than one unsatisfactory rating
among the five domains of the summative evaluation, and
does not meet the criteria for a proficient or a distinguished
rating.
3.10.4 Unsatisfactory Performance on a
Summative Evaluation -- The specialist receives two or more
unsatisfactory ratings in the five domains of the summative
evaluation.
3.10.5 Summative Evaluation Scoring Guide
3.10.5.1 Evaluators use the summative
evaluation scoring guide set forth below to derive an overall
summative rating for the specialist evaluation.
Number of
Distinguish
ed
Domains
Number
of
Proficient
Domains
Number
of Basic
Domains
Number of
Unsatisfac
tory
Domains
Overall
Summative
Rating
5 0 0 0 Distinguished
4 1 0 0 Distinguished
3 2 0 0 Distinguished
4 0 1 0 Proficient
3 1 1 0 Proficient
3 0 2 0 Proficient
2 3 0 0 Proficient
2 2 1 0 Proficient
2 1 2 0 Proficient
1 4 0 0 Proficient
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1112 PROPOSED REGULATIONS
1 3 1 0 Proficient
1 2 2 0 Proficient
0 5 0 0 Proficient
0 4 1 0 Proficient
0 3 2 0 Proficient
4 0 0 1 Basic
3 1 0 1 Basic
3 0 1 1 Basic
2 2 0 1 Basic
2 1 1 1 Basic
2 0 3 0 Basic
2 0 2 1 Basic
1 3 0 1 Basic
1 2 1 0 Basic
1 1 3 0 Basic
1 1 2 1 Basic
1 0 3 1 Basic
0 3 1 1 Basic
0 2 3 0 Basic
0 2 2 1 Basic
0 1 4 0 Basic
0 1 3 1 Basic
0 0 4 1 Basic
0 0 5 0 Basic
3 0 0 2 Unsatisfactor
y
2 1 0 2 Unsatisfactor
y
2 0 1 2 Unsatisfactor
y
2 0 0 3 Unsatisfactor
y
1 2 0 2 Unsatisfactor
y
1 1 1 2 Unsatisfactor
y
1 0 2 2 Unsatisfactor
y
1 0 1 3 Unsatisfactor
y
1 0 0 4 Unsatisfactor
y
0 2 1 2 Unsatisfactor
y
0 3 0 2 Unsatisfactor
y
0 2 1 2 Unsatisfactor
y
0 2 0 3 Unsatisfactor
y
0 1 1 3 Unsatisfactor
y
0 1 0 4 Unsatisfactor
y
0 2 0 3 Unsatisfactor
y
0 0 3 2 Unsatisfactor
y
0 0 2 3 Unsatisfactor
y
0 0 1 4 Unsatisfactor
y
0 0 0 5 Unsatisfactor
y
3.11 Pattern of ineffective practice.
3.11.1 A novice specialist receives a summative
evaluation with an overall rating of unsatisfactory
performance for a period of two consecutive years.
3.11.2 An experienced specialist receives a
summative evaluation with an overall rating of
unsatisfactory performance on a summative evaluation for
two consecutive years.
3.11.3 An experienced specialist receives a
summative evaluation with an overall rating of basic or any
combination of basic and unsatisfactory on a summative
evaluation for three consecutive years.
3.11.4 The provision in 3.11.3 does not apply to
an experienced specialist who changes grade level for the
first year in a new position.
3.11.5 When a pattern of ineffective practice is
established, a local school district may move to terminate a
specialist, as defined by 14 Del. C., § 1401, for
incompetency pursuant to 14 Del. C., § 1411 or § 1420.
4.0 Procedures for Novice Specialists.
4.1 Novice specialists shall be observed a
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1113
minimum of two (2) times each year during the three-year
term of the Initial License. An observation for specialists is
a means of collecting some of the data required to analyze a
lesson and to assess performance, and generally lasts for the
entire class period or an equivalent period of professional
activity. The observation will assess Domain One, Planning
and Preparation; Domain Two, Professional Practice and
Delivery of Service; and Domain Three, Professional
Collaboration and Consultation. The evaluator is not
required to assess every component of a domain in the
course of an observation. The two required observations
shall be announced and shall be preceded by a preobservation
planning conference between the evaluator and
the specialist. Additional observations may be initiated at
the discretion of the evaluator, and may be announced or
unannounced. Unannounced observations shall follow the
same procedures set forth for announced observations, with
the exception of completion of the pre-observation form by
the specialist and the pre-observation conference. The report
of each observation shall rate each component
"distinguished", "proficient", "basic", or "unsatisfactory".
4.1.1 The pre-observation conference form shall
be completed by the specialist prior to the pre-observation
conference. Two copies shall be brought to the conference.
The pre-observation conference form shall form the basis for
the pre-observation conference. The pre-observation
conference shall be held at a mutually agreed upon time prior
to the date of the scheduled observation.
4.1.2 Within two (2) working days following
each observation, the evaluator shall meet with the specialist
to discuss the observation and to provide feedback regarding
strengths and identified areas for growth. The evaluator may
seek clarification or request that additional information or
data be shared to address any questions raised during the
observation.
4.1.3 Within two (2) working days of the postobservation
conference, the evaluator shall provide the
specialist with a concise written narrative, using the
approved DPAS II lesson analysis report form, which
describes performance for each domain, and which focuses
on the behaviors in that domain, as described in the
accompanying rubric. The report of each observation shall
rate each domain "distinguished", "proficient", "basic", or
"unsatisfactory". The specialist may submit a lesson
analysis report response form within ten (10) days of receipt
of the report, which shall be appended to the lesson analysis
report.
4.1.4 Although it is anticipated that the written
narrative report will closely mirror the information shared at
the post-observation conference, an additional conference
may be requested by either the specialist or the evaluator
following receipt of the written narrative. Such request must
be honored.
4.1.5 If any domain is rated unsatisfactory, an
Assistance Plan shall be developed in accordance with the
procedures set forth in this regulation.
4.2 In addition to the observations and the pre- and
post-conferences associated with them, a professional
responsibilities conference shall be held annually with the
novice specialist. The professional responsibilities
conference will generate data for assessing Domain Four,
Professional Responsibilities, and Domain Five, Student
Improvement. That conference shall focus on evidence of
directed professional growth generated through the induction
program, DSTP School Accountability Performance Rating,
artifacts of student learning provided by the specialist, and
artifacts as specified for novice specialists. Within two (2)
days following the conference, the evaluator shall provide
the specialist with a concise written narrative using the
approved DPAS II professional responsibilities and student
improvement report form, which shall rate each domain as
"distinguished", "proficient", "basic", or "unsatisfactory".
The specialist may submit a professional responsibilities and
student improvement response form within ten (10) days of
receipt of the report, which shall be appended to the
professional responsibilities and student improvement
report. An additional conference may be requested by either
the specialist or the evaluator following receipt of the written
narrative. Such request must be honored.
4.3 The evaluator shall complete an annual summative
evaluation report, using the approved DPAS II summative
evaluation report form, which draws upon all of the
information gathered through observations and conferences,
and which includes external measures of student learning.
The summative evaluation shall result in an overall rating of
"distinguished", "proficient", "basic", or "unsatisfactory".
This evaluation report shall be provided to the specialist.
The specialist may submit a summative evaluation response
form within ten (10) days of receipt of the report, which shall
be appended to the summative evaluation report. A
conference may be requested by either the evaluator or the
specialist to discuss the summative evaluation report. Such
request must be honored.
4.4 An annual summative evaluation report which
results in an overall rating of unsatisfactory shall require the
development of an assistance plan, if one has not already
been developed as a result of a previous observation report.
In the event an assistance plan already exists, it shall be
thoroughly reviewed and revised, as necessary, to address
the unsatisfactory nature of the specialist's performance.
4.5 Evaluators and specialists being evaluated shall
sign all evaluation forms indicating that the documents have
been reviewed.
4.6 Nothing in the foregoing restricts the evaluator
from conducting more than the minimum prescribed
observations. Additional observations conducted at the
discretion of the evaluator may be announced or
unannounced.
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1114 PROPOSED REGULATIONS
5.0 Procedures for Experienced Specialists.
5.1 Experienced specialists shall receive a minimum of
one (1) announced observation, unless waived pursuant to 14
Del. C. §1270, one professional responsibilities conference,
and a summative evaluation report annually. Additional
observations, announced or unannounced, may be conducted
as deemed appropriate by the evaluator. Unannounced
observations shall follow the same procedures set forth for
announced observations, with the exception of completion of
the pre-observation form by the specialist and the preobservation
conference. An observation for specialists is a
means of collecting some of the data required to analyze a
lesson and/or to assess performance, and generally lasts for
the entire class period or an equivalent period of professinal
activity. The observation will assess Domain One, Planning
and Preparation; Domain Two, Professional Practice and
Delivery of Service; and Domain Three, Professional
Collaboration and Consultation. The evaluator is not
required to asssess every component of a domain in the
course of an observation. The report of each observation
shall rate each component "distinguished", "proficient",
"basic", or "unsatisfactory".
5.1.1 The pre-observation conference form shall
be completed by the specialist prior to the pre-observation
conference. Two copies shall be brought to the conference.
The pre-observation conference form shall form the basis for
the pre-observation conference. The pre-observation
conference shall be held at a mutually agreed upon time prior
to the date of the scheduled observation.
5.1.2 Within two (2) working days following
each observation, the evaluator shall meet with the specialist
to discuss the observation and to provide feedback regarding
strengths and identified areas for growth. The evaluator may
seek clarification or request that additional information or
data be shared to address any questions raised during the
observation.
5.1.3 Within two (2) working days of the postobservation
conference, the evaluator shall provide the
specialist with a concise written narrative, using the
approved DPAS II lesson analysis report form, which
describes performance for each domain, and which focuses
on the behaviors in that domain, as described in the
accompanying scoring guide. The report of each
observation shall rate each domain "distinguished",
"proficient", "basic", or "unsatisfactory". The specialist
may submit a lesson analysis report response form within ten
(10) days of receipt of the report, which shall be appended to
the lesson analysis report.
5.1.4 Although it is anticipated that the written
narrative report will closely mirror the information shared at
the post-observation conference, an additional conference
may be requested by either the specialist or the evaluator
following receipt of the written narrative. Such request must
be honored.
5.1.5 In addition to the observations and the preand
post-conferences associated with them, a professional
responsibilities conference shall be held annually with the
experienced specialist. The professional responsibilities
conference will generate data for assessing Domain Four,
Professional Responsibilities, and Domain Five, Student
Improvement. That conference shall focus on evidence of
professional development, DSTP School Accountability
Performance Rating, artifacts of student learning provided
by the specialist/, and sharing of professional development
artifacts. The evaluator shall provide the specialist with a
concise written narrative, using the approved DPAS II
professional responsibilities and student improvement report
form, which shall rate each domain as "distinguished",
"proficient", "basic", or "unsatisfactory". The specialist
may submit a professional responsibilities and student
improvement report response form within ten (10) days of
receipt of the report, which shall be appended to the
professional responsibilities and student improvement
report. An optional conference following the completion of
the scoring guides for Domains 4 and 5 may be requested by
either the specialist or the evaluator. Such request must be
honored.
5.2 The evaluator shall complete an annual summative
evaluation report, using the approved DPAS II summative
evaluation form, which draws upon information gathered
through observation(s) and conferences, which includes
external measures of student learning, and which includes
evidence gathered from the artifact review. The summative
evaluation report shall result in an overall rating of
"distinguished", "proficient", "basic", or "unsatisfactory".
The specialist may submit a summative evaluation report
response form, which shall be appended to the summative
evaluation report.
5.3 If any domain is rated unsatisfactory, an assistance
plan shall be developed in accordance with the procedures
set forth in 6.0 of this regulation.
5.4 An annual summative evaluation report which
results in an overall rating of unsatisfactory or basic shall
require the development of an assistance plan, if one has not
already been developed as a result of a previous observation
report. In the event an assistance plan already exists, it shall
be thoroughly reviewed and revised, as necessary, to address
the unsatisfactory nature of the specialist's performance.
The criteria set forth in an assistance plan must be designed
to result in an overall summative rating of "proficient" at the
satisfactory conclusion of the assistance plan.
5.5 Experienced specialists who receive a rating of
"proficient" or "distinguished" may be granted a waiver
from the required observation for one year. During the year
in which the waiver is in effect, the experienced specialist
shall engage in self-directed professional development
related to the specialist's assignment, the Delaware
Professional Teaching Standards, and/or relevant national
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PROPOSED REGULATIONS 1115
professional standards. The professional development plan
shall be in writing and shall focus around the five domains.
During the waiver year, a professional responsibilities
conference shall take place to review progress on the
professional development plan. In the event that a situation
or concern, which shall include, but is not limited to,
classroom management problems, inadequate planning, an
inappropriate classroom environment, or failure to engage in
professional responsibilities, arises during the year for which
the waiver is granted, the evaluator may conduct
observations, announced or unannounced.
5.6 Evaluators and specialists being evaluated shall
sign all evaluation forms indicating that the documents have
been reviewed.
5.7 Nothing in the foregoing restricts the evaluator
from conducting more than the minimum prescribed
observations. Additional observations conducted at the
discretion of the evaluator may be announced or
unannounced.
5.8 Experienced specialists with previous satisfactory
evaluations on DPAS II shall be deemed to have been rated
"proficient" and shall be eligible for a one year waiver in the
year following the designation of the rating of "proficient".
For the purposes of implementation of DPAS II, specialists
so rated may be assigned by the building administrator to a
waiver year or to a summative evaluation year.
6.0 The goal of an assistance plan is to provide a structured
vehicle to assist a novice specialist whose performance is
unsatisfactory to improve performance to at least a basic
level and to assist an experienced specialist whose
performance is unsatisfactory or basic to improve
performance to a proficient level. An assistance plan shall
be developed for a novice specialist whose performance
overall or in any domain on the annual DPAS II summative
evaluation is rated as unsatisfactory. An assistance plan
shall be developed as a result of an unsatisfactory rating on
any domain during the gathering of evidence for a
summative evaluation. An assistance plan shall be
developed for an experienced specialist who receives an
overall rating of "unsatisfactory" or "basic" for one year. If
an assistance plan already exists in any of the above
instances, it shall be thoroughly reviewed and revised, as
necessary, to address the basic or unsatisfactory nature of the
specialist's performance. Recommendations for assistance
may be written as a result of an unsatisfactory rating on any
component of any domain in the evaluation process.
6.1 Assistance plans must include the following:
6.1.1 Definition of the specific deficiencies,
which must be stated in terms of DPAS II rubrics for
evaluating the identified domain(s) and element(s).
6.1.2 Measurable goals for improving the
deficiencies to satisfactory levels. All goals must be directly
linked to the Delaware Professional Teaching Standards and
DPAS II scoring guides for evaluating the identified
domain(s) and component(s) or element(s).
6.1.3 Clear and specific professional
development activities (i.e., intervention strategies that relate
to the goals and objectives).
6.1.4 Resources for each professional
development activity must be identified and made accessible
to the specialist. Such resources may include, but are not
limited to, opportunities for the specialist to work with
mentors, curriculum specialists, and veteran specialists to
implement the assistance plan.
6.1.5 Evidence that must be provided and
behaviors that must be demonstrated at the end of the plan.
These expectations must be stated in terms of DPAS II
rubrics for evaluating the identified domain(s) and
component(s) or element(s).
6.1.6 Procedures for evaluating and
documenting improvement.
6.1.7 Timelines, including intermediate progress
check-points and a final completion date, must be specified.
These dates may be adjusted by mutual agreement of the
specialist and the evaluator during the assistance plan
process.
6.1.8 A record of judgment of satisfactory or
unsatisfactory completion of the assistance plan and the date
completed, signed by the specialist and the evaluator. In the
event that a judgment of unsatisfactory completion is made,
follow-up procedures shall be set forth by the evaluator to
address the specialist's continued deficiencies.
6.2 Assistance Plan Process. There is an expectation of
mutual development by the evaluator and the specialist of
the assistance plan. Both the evaluator and the specialist
complete a preliminary assistance plan, which they meet to
review and develop a final, mutually agreed upon plan. In
the event that consensus cannot be reached between the
evaluator and the specialist, the evaluator will develop the
assistance plan, which the specialist must follow.
7.0 School districts and charter schools shall follow the
procedures and use forms and software developed by the
Department for implementation of DPAS II.
8.0 Challenge Process: A specialist may challenge the
fairness of the evaluation process and the conclusions
reached in the DPAS II evaluation.
8.1 A Level I challenge applies to all challenges
brought by novice specialists, and to all challenges brought
by experienced specialists, except those involving an
unsatisfactory or basic overall rating on a Summative
Evaluation.
8.1.1 A specialist may initiate a Level I
challenge by filing a DPAS II Level I challenge form with
the evaluator within 10 calendar days of receiving the
written evaluation. The challenge shall set forth the grounds
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1116 PROPOSED REGULATIONS
for the challenge in reasonable detail and shall identify the
remedy sought.
8.1.2 Within 10 calendar days of receipt of the
challenge form, the evaluator shall provide a written
response and, if the remedy is granted, the revised evaluation
document shall replace the challenged document. If the
remedy sought is denied, the evaluator must state the reasons
for the denial.
8.1.3 If the specialist is not satisfied with the
decision of the evaluator, he/she may forward the challenge
form and supporting documentation to the district
superintendent or charter school administrator or his/her
designee for review. The superintendent or charter school
administrator or his/her designee shall be a trained, certified
evaluator and shall not be a building level administrator in
the same building as the specialist who filed the challenge.
8.1.4 Within 10 calendar days of receipt of the
challenge form and supporting documentation, the district
superintendent or charter school administrator or his/her
designee shall provide a written response either supporting
or not supporting the challenge. If the remedy sought is
granted, the revised evaluation document replaces the
challenged document.
8.1.5 The decision of the district superintendent
or charter School administrator or his/her designee shall be
final.
8.2 A Level II challenge applies only to challenges
brought by experienced specialists involving an
unsatisfactory or basic overall rating on a summative
evaluation.
8.2.1 A specialist may initiate a Level II
challenge by filing a DPAS II Level II challenge form with
his/her district superintendent or charter school administrator
or his/her designee within 10 calendar days of the summative
evaluation post conference. The challenge shall set forth the
grounds for the challenge in reasonable detail and shall
identify the remedy sought. The district superintendent or
charter school administrator or his/her designee shall be a
trained, certified evaluator and shall not be a building level
administrator in the same building as the specialist who filed
the challenge.
8.2.2 Within 10 calendar days of receipt of the
challenge, the district superintendent or charter school
administrator or his/her designee shall hold an informal
hearing on the merits of the challenge, unless extensions are
mutually agreed upon. At the hearing, the parties may be
represented by an individual of their choice, may present
evidence, and may call witnesses. The district
superintendent or charter school administrator shall provide
a written decision to both parties within 10 days of the
hearing.
8.2.3 The decision of the district superintendent
or charter school administrator or his/her designee shall be
final.
9.0 Evaluators must be certified in accordance with
regulations for credentialing for evaluators promulgated by
the Standards Board and administered by the Department.
Prior to conducting evaluations, evaluators must provide
evidence of satisfactory completion of the specified training
program and shall demonstrate competency as evaluators.
Credentialing as an evaluator is renewable every five years.
Members of local school boards who engage in the
evaluation of the superintendent shall participate in the
appropriate training program and shall be credentialed in
order to conduct the evaluation of the superintendent.
10.0 Pilot of the Delaware Performance Appraisal
System II.
10.1 The Delaware Performance Appraisal System
II is a
comprehensive system of evaluation and quality assurance
for educators. It represents current research and best
practice. A pilot will be conducted during the 2003-04
school year to determine:
10.1.1 The effectiveness and adequacy of the
training.
10.1.2 The application of the evaluation process.
10.2 The pilot will take place in a minimum of three
school districts, one in each county. In order to gather
sufficient data from the pilot, a pilot district must agree to
participate with all schools and all educators.
10.3 The Department will provide training prior to
the implementation of the pilot to three educators, one of
whom shall be an administrator and two of whom shall be
teachers or specialists from each school within each pilot
district. For schools with more than 40 teachers and
specialists, one additional teacher or specialist for each 25
teachers beyond 40 shall be included in the training. In
addition, one district administrator for each 15
administrators employed by each pilot district shall be
included in the training.
10.4 The educators trained in each pilot district shall
train all educators in the district in Enhancing Professional
Practice: A Framework for Teaching, the expectations of
the system, and the DPAS II process.
10.5 All teachers in each pilot district shall
participate in the DPAS II pilot, except those teachers who
have been placed on an improvement plan pursuant to the
provisions of DPAS I (14 DE Admin. Code 110).
10.5.1 Teachers on an improvement plan
pursuant to DPAS I shall be evaluated using DPAS I during
the pilot period.
10.6 Evaluations conducted as part of the DPAS II
pilot shall be considered official evaluations, except that, in
the event a teacher evaluated as part of the DPAS II pilot
receives an unsatisfactory rating on any domain of DPAS II
or on an annual summative evaluation which results in the
development of an assistance plan, the teacher will be placed
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1117
on an improvement plan under DPAS I and any subsequent
evaluations conducted during the pilot period shall be
conducted in accordance with the provisions of DPAS I. An
experienced teacher who receives an overall summative
rating of basic during the pilot year shall have an assistance
plan developed in accordance with the procedures set forth
in 6.0 of this regulation. An overall rating of unsatisfactory
or basic performance during the pilot year cannot be used in
establishing a pattern of ineffective teaching.
10.7 The Department shall collect data from the
participating school districts on the effectiveness of the
training and of the efficiency and effectiveness of the
evaluation process, including the demands of time on both
the evaluators and the teachers. Data will be collected from
the pilot districts at least twice during the pilot period. No
later than June 1, 2004, data collected will be analyzed by
the Department to determine modifications and/or revisions
to the system to be recommended to the Standards Board
prior to statewide implementation.
11.0 DPAS II will be implemented in all school districts
and charter schools in September, 2004.
11.1 Prior to implementation, the Department shall
provide training using the formula set forth in 10.3 above, or
such alternative as may be developed as the result of the
DPAS II pilot.
11.2 The Department shall implement a monitoring
system for DPAS II to ensure that on-going training is
provided to new teachers and evaluators, that all evaluators
are properly trained and credentialed, and to ensure that all
districts and charter schools are employing DPAS II in
accordance with this regulation.
1504 Delaware Performance Appraisal System For
Administrators
1.0 The Delaware Performance Appraisal System
II) for Administrators is a system for evaluating the
performance of administrators and for promoting
professional growth of administrators. In accordance with
14 Del. C. § 1270, this regulation shall be applied to all
administrators who are employed by a Delaware public
school, including charter schools, who hold a license under
the provisions of Chapter 12 of Title 14 of the Delaware
Code.
(DPAS
2.0 Definitions: The following words and terms, when used
in this regulation, shall have the following meaning unless
the context clearly indicates otherwise:
"Accomplished" means clear, convincing and
consistent evidence, which is very specific and credible,
presenting an integrated, highly effective approach to the
behaviors specified in the component. For the purposes of
the DPAS II system, a rating of accomplished on Domain 1
of the Administrator DPAS is equivalent to a rating of
distinguished in Domain 1.
"Administrator" means an educator who is licensed
and certified as an administrator and is employed in an
instructional role in a school district or charter school.
"Assistance Plan" means an improvement plan which
identifies deficiencies in an administrator's performance and
defines activities required to improve the deficiencies to a
basic or proficient level for novice administrators, and to
proficient level for experienced administrators.
"Basic" means performance characteristic of novice
administrators. The practice is inconsistent or uneven. The
administrator knows what to do, but cannot consistently act
upon this knowledge.
"Basic performance in a domain" means the
administrator appears to understand the concepts underlying
the standards, and attempts to implement their elements, but
implementation is sporadic, intermittent, or otherwise not
entirely successful.
"Basic performance on a summative evaluation"
means the administrator receives at least four basic or higher
ratings and no unsatisfactory rating among the four domains
under the summative evaluation and does not meet the
criteria for a rating of proficient or distinguished.
"Conclusions" means any determination of an
administrator's performance as distinguished, proficient,
basic or unsatisfactory.
"Component" as used herein, means one of the sections
of a domain, as distinguished from "component" as it is used
in 14 Del. C., § 1270, where it means a major section of the
DPAS II system.
"Delaware Administrator Standards" means
standards for education administrators approved by the State
Board, as per 14 Del. Admin. Code 394, Delaware
Administrator Standards.
"Chronic failure by parents to abide by the Parents'
Declaration of Responsibilities" means multiple failures by
parents to respond to communications from teachers or other
school officials and/or failure to attend conferences as
requested.
"Delaware Performance Appraisal System II"
(DPAS II) means the educator evaluation system developed
and implemented pursuant to 14 Del. C., § 1270.
"Department" means the Delaware Department of
Education.
"Developing" means limited evidence, which may not
address the component in its complexity, may be lacking in
breadth or depth, or may be less effective than expected. For
the purposes of the DPAS II system, a rating of developing
on Domain 1 of the Administrator DPAS is equivalent to a
rating of basic in Domain 1.
"Distinguished" means performance characteristic of
master administrators.
"Distinguished performance in a domain" means that
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1118 PROPOSED REGULATIONS
the administrator is a master administrator and makes a
contribution to the field, both in and outside of their school
or district.
"Distinguished performance on a summative
evaluation" means the administrator receives four
distinguished ratings among the four domains of the
summative evaluation.
"Distribution in student achievement" means the
distribution of scores among all students, including those
scores disaggregated by income level, gender, race, special
education status, and limited English proficiency.
"DSTP" means the Delaware Student Testing Program,
and includes DSTP I (reading, writing, and mathematics in
grades 3, 5, 8, and 10 and science and social studies in
grades 4, 6, 8, and 11), and DSTP II (reading, writing, and
mathematics in grades 2, 4, 6, 7, and 9) and work sampling at
grades K and 1).
"Domain" means one of the sections of the Delaware
performance Appraisal System II and, as used herein, means
the same as component in 14 Del. C. § 1270 (c).
"DPAS II" means the Delaware Performance Appraisal
System II.
"Educator" means a public school employee who holds
a license issued under the provisions of 14 Del. C., Chapter
12, and includes teachers, specialists, and administrators,
and as otherwise defined by the Standards Board and State
Board but does not include substitute teachers.
"Evaluator" means an individual or a team who has the
credentials to appraise educator performance, as set forth in
the rules and regulations promulgated under 14 Del. C, §
1271.
"Experienced administrator" means an administrator
who holds a continuing or advanced license and has more
than three years of experience in the role in which the
administrator is employed..
"Frameworks for School Leaders" means a
framework of professional practice for educators as set forth
in A Framework for School Leaders: Linking the Interstate
School Leaders Licensure Consortium's "Standards for
School Leaders" to Practice (ETS, 2001).
"ISLLC" means Interstate School Leaders Licensure
Consortium.
"Mitigating factors" means factors set forth in 14 Del.
C. § 1270 (c) which must be taken into consideration in
measuring student improvement and which include student
absence, student mobility, student chronic noncompliance
with school rules, chronic failure by parents to abide by the
Parents' Declaration of Responsibilities and other factors
that may affect an administrator's evaluation.
"Multiple measures" means student performance on
district administered tests pursuant to 14 Del. C. 253(3)(1);
student performance assessments, such as end-of-unit or
end-of-course assessments, student classroom work
products; and classroom grades supported by evidence of
student work that demonstrates a student's performance.
"Novice administrator" means an administrator with
less than three years of experience in the role or new to
Delaware.
"Other factors that may adversely affect an
administrator's evaluation" include, but are not limited to,
environmental disruptions over which the administrator has
no control, an external event, such as the death or serious
injury of a student, which impacts the school or district, as
may be jointly agreed upon by the administrator and the
evaluator.
"Overall performance rating" means a summative
rating of an administrator's performance on DPAS II.
"Pattern of ineffective administration" means a summative
evaluation rating of unsatisfactory performance for a period
of two consecutive years.
"Professional development activities" means activities
designed to enhance knowledge and skill to promote
continuous professional growth and to improve
administrator performance.
"Proficient" means there is clear evidence that the
administrator knows what to do and does it.
"Proficient performance in a domain" means the
administrator clearly understands the concepts underlying
the domain and implements them well.
"Proficient performance on a summative evaluation"
means the administrator receives no unsatisfactory ratings,
and no more than one basic rating among the four domains
of the summative evaluation and does not meet the criteria
for a distinguished rating.
"Rubric survey" is a survey of an administrators's
performance on the ISLLC standards which is completed by
the administrator, the evaluator, and the individuals directly
supervised by the administrator. The evaluator uses data
collected from the completed surveys to inform the overall
rating on Domain 1.
"Rudimentary" means that little or no evidence exists
for the set of behiaviors called for by the specific
component. For the purposes of the DPAS II system, a
rating of rudimentary on Domain 1 of the Administrator
DPAS is equivalent to a rating of unsatisfactory in Domain
1.
"Satisfactory performance for administrators"
means a summative score of proficient or higher rating in all
of the four areas of the Delaware Performance Appraisal
System for Administrators or a cumulative score of eight or
higher.
"School accountability performance rating" means
the official accountability rating assigned to the school
pursuant to 14 Del. C. § 154.
"School or district improvement plan" means a
comprehensive plan, pursuant to 14 Del. C., § 805,
developed by the school community which sets forth goals
tied to state and local academic performance standards,
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1119
strategies to achieve those goals, and resources needed to
implement strategies. As used herein, it also means the
strategic plan maintained by each school district, pursuant to
14 Del. Admin. Code 215.
"Secretary" means the Secretary of the Delaware
Department of Education.
"Standards Board" means the Professional Standards
Board established pursuant to 14 Del. C, § 1201.
"State Board" means the State Board of Education of
the State of Delaware established pursuant to 14 Del. C, §
104.
"Student absence" means a student misses more than
15% of class time in a school year. Student chronic
noncompliance with school rules" means two or more
documented violations of district or charter school code of
conduct.
"Student improvement" means growth over time on
the DSTP and other assessment measures toward curriculum
standards, as jointly determined by the administrator and the
evaluator.
"Student mobility" means a student attends one school
for less than 91 days in a school year.
"Summative evaluation" means a collection of
evidence which results in a summary of an administrator's
performance over time.
"Unsatisfactory" means the administrator does not yet
appear to understand the concepts underlying the
component.
"Unsatisfactory performance in a domain" means the
administrator does not yet appear to understand the concepts
underlying the domain. The administrator's performance in
that domain is unacceptable.
"Unsatisfactory performance on a summative
evaluation" means an administrator receives one or more
unsatisfactory ratings in the four domains of the summative
evaluation.
"Variety of assessments" means pre- and post-testing,
on-line scores, performances, portfolios, oral presentations,
and projects appropriate to the content being assessed.
3.0 Delaware Performance Appraisal System II (DPAS II)
for Administrators: There shall be four components of the
Delaware Performance Appraisal System for
Administrators.
3.1 The domains of DPAS II for Administrators are as
follows:
3.1.1 Domain 1: Assessment of Leader
Standards provides a direct assessment of the school leader's
proficiency on 24 dimensions of professional practice
directly connected to the Delaware Administrator Standards,
also known as the ISLLC Standards, as described in A
Frameworks for School Leaders: Linking the Interstate
School Leaders Licensure Consortium "Standards for
School Leaders" to Practice. (ETS, 2001). The rubrics are to
be used as a guide to inform dialogue for both the
administrator and the evaluator. The evaluator is not
required to assess every component of the standards in the
course of an evaluation.
3.1.1.1 Standard 1: The Vision of Learning --
The school administrator is an educational leader who
promotes the success of all students by facilitating the
development, articulation, implementation, and stewardship
of a vision for learning that is shared and supported by the
community.
3.1.1.1.1 Component 1a: Developing
the Vision - Component Performance Table
LEVEL OF PERFORMANCE
Central Themes* Rudimentary Developing Proficient Accomplished
A Vision for
Success
There is little or no evidence
that the school leader has
created a vision for the school.
There is limited evidence that
the school leader has created a
vision that will ensure the
success of all students, and
there is limited evidence that it
is integrated into the school
program.
There is clear evidence that the
school leader has created a vision
that attempts to ensure the
success of all students, and/or
creates one that is applied
consistently in most cases
throughout the school program.
There is clear, convincing, and
consistent evidence that the school
leader has created a vision of
success that includes all students
and that is consistently integrated
throughout
A Focus on
Teaching and
Learning
There is little or no evidence
that the school leader includes
any reference to teaching and
learning in the vision.
There is limited evidence that
the school leader has
considered some aspects of
teaching and learning in the
development of the vision.
There is clear evidence that the
school leader uses the vision to
shape most educational programs,
plans, and actions.
There is clear, convincing, and
consistent evidence that the school
leader has developed the vision
based on a focus on the success of
all students and the vision is
embedded in all educational
programs, plans, activities, and
actions.
An Involvement of
all Stakeholders
There is little or no evidence
that any members of the school
community were involved in
the creation of the vision.
There is limited evidence that
the school leader has involved
appropriate stakeholders in
developing the vision, and/or
that these individuals were
involved appropriately.
There is clear evidence that
appropriate stakeholders
participated in the development
of the vision, and/or consistently
throughout the process.
There is clear, convincing, and
consistent evidence that the school
leader has included representatives
of all appropriate members of the
community in the development of
the vision and that they shared in
all the decision-making processes.
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1120 PROPOSED REGULATIONS
A Demonstration
of Ethical
Behavior
There is little or no evidence
that the school leader
considered the needs of all
students in an equitable manner
in the development of the
school vision.
There is limited evidence that
the school leader has used
student data from all students
in an equitable manner to
inform the development of the
school vision.
There is clear evidence that the
school leader used some data
about all students in the
development of the vision in an
equitable manner.
There is clear, convincing, and
consistent evidence that the school
leader used a variety of sources of
data for all students, obtained both
in and outside the school, in the
development of a vision that is fair
and equitable to all.
(c) ETS (Reprinted by permission of Educational Testing Vision - Component Performance Table
Service, the copyright owner)
3.1.1.1.2 Component 1b: Communicating the
LEVEL OF PERFORMANCE
Central Themes* Rudimentary Developing Proficient Accomplished
A Vision for
Success
There is little or no evidence
that the school leader
communicates the vision to
the school community.
There is limited evidence
that the school leader
communicates the vision
appropriately; evidence may
be of limited scope or depth.
There is clear evidence that
the school leader periodically
communicates the vision to
the school community.
There is clear, convincing, and
consistent evidence that the
vision is effectively
communicated by the school
leader throughout the school
year and in a variety of ways,
and that the communication
supports the success of all
students.
A Focus on
Teaching and
Learning
There is little or no evidence that
the communication of the vision
by the school leader focuses on
issues of teaching and learning.
There is limited evidence that
the communication of the vision
by the school leader focuses on
teaching or learning, but not
both, and does not link them in
any meaningful way.
There is clear evidence that the
communication of the vision by the
school leader reveals a clear link
between teaching and learning.
There is clear, convincing, and
consistent evidence that
communication of the vision by the
school leader clearly focuses on
teaching and its impact on learning
and student success, and that this
recognition occurs throughout the
year and in a variety of venues, both
in the school and in the community.
An Involvement
of all
Stakeholders
There is little or no evidence that
the school leader has
communicated the vision to
stakeholders or that stakeholders
have an opportunity to
communicate that vision among
themselves.
There is limited evidence to
show that stakeholders are aware
of the vision and were engaged
in discussion of the vision.
There is clear evidence that the
school leader provides a forum for
stakeholders to annually engage in
a dialogue about the vision.
There is clear, convincing, and
consistent evidence that the school
leader has provided an opportunity
for all stakeholders to engage in a
discussion about the vision
throughout the school year, both in
and out of the school.
A
Demonstration
of Ethical
Behavior
There is little or no evidence that
the school leader has
communicated the vision
openly, honestly, and sensitively
to all stakeholders.
There is limited evidence that
the school leader has made an
attempt to communicate the
vision in a way that is sensitive
to the diversity and needs of all
stakeholders.
There is clear evidence that the
school leader communicates the
vision in a way that is sensitive to
the needs and diversity of the
community, but might not provide
for a complete, critical, public
debate.
There is clear, convincing, and
consistent evidence that the
school leader openly, honestly,
and sensitively communicates
the vision to all stakeholders and
provides for a complete, critical,
public debate.
(c) ETS (Reprinted by permission of Educational Testing 3.1.1.1.3 Component 1c: Implementing the
Service, the copyright owner) Vision - Component Performance Table
LEVEL OF PERFORMANCE
Central
Themes*
Rudimentary Developing Proficient Accomplished
A Vision for
Success
There is little or no evidence that
the school leader linked the
school program, policy, or
procedures to the vision of the
school.
There is limited evidence that
the school leader has linked the
school program to the vision of
the school, and where that
linkage does occur, it is only
done superficially.
There is clear evidence that the
school leader has embedded the
vision throughout most school
programs, policies, and
procedures.
There is clear, convincing, and
consistent evidence that the school
leader has thoughtfully aligned and
linked all school programs, policies,
and procedures to the vision of the
school.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1121
A Focus on
Teaching and
Learning
There is little or no evidence that
the school leader has linked any
instructional planning, strategies,
or student assessment to the
vision of the school.
There is limited evidence that
the school leader has linked
some instructional plans and
strategies to the vision of the
school and that the school
leader interprets or analyzes
available data.
There is clear evidence that the
school leader has linked most
instructional plans and strategies
to the vision of the school, and
that the school leader uses some
student assessment data to inform
teaching and learning decisions.
Clear, convincing, and consistent
evidence exists that the school
leader has embedded the vision in
all teaching practices and uses
student achievement data to ensure
that the vision is firmly focused on
the success of all students.
An Involvement
of all
Stakeholders
There is little or no evidence that
the school leader has given
members of the school
community responsibility for
implementing the vision or for
allocating resources that support
the vision.
There is limited evidence that
the school leader has
encouraged one or more groups
of stakeholders to consider
strategies for implementing the
vision or for allocating
resources that support the
vision.
There is clear evidence that the
school leader has distributed
responsibility for implementing
the vision to some members of the
school or community and has
sought assistance from these
individuals in the allocation of
resources to support the vision.
There is clear, convincing, and
consistent evidence that the school
leader has shared responsibility with
appropriate stakeholders, in the
school and in the community, for
implementing the vision and for
obtaining and allocating resources
to support the vision.
A
Demonstration
of Ethical
Behavior
There is little or no evidence that
the school leader has
implemented the vision in a way
that is sensitive to the diversity
within the community or that the
vision is focused on the success of
all students in a fair and equitable
way.
There is limited evidence that
the school leader has considered
the diversity of the community,
or has implemented the vision
in a way that addresses the
needs of all students and staff in
a fair and equitable way.
There is clear evidence that the
school leader recognizes the
diversity of the community and
the needs of the students and staff,
and uses some of this information
to implement the vision in a fair
and equitable way.
There is clear, convincing, and
consistent evidence that the school
leader recognizes the diversity of
the community and the needs and
abilities of all students and staff, and
uses this information to implement
the vision in a way that is fair and
equitable to all.
(c) ETS (Reprinted by permission of Educational Testing 3.1.1.1.4 Component 1d: Monitoring and
Service, the copyright owner) Evaluating the Vision -Component Performance Table
LEVEL OF PERFORMANCE
Central Themes* Rudimentary Developing Proficient Accomplished
A Vision for
Success
There is little or no evidence that
the school leader either collects
or analyzes data about the
school's progress toward
realizing the vision.
There is limited evidence that
the school leader collects data on
the school's progress toward the
vision or uses this information to
promote student success in any
meaningful way.
There is clear evidence that the
school leader collects data
periodically on the school's
progress toward the vision and uses
this information to make decisions
that promote the success of
students.
There is clear, convincing, and
consistent evidence that the school
leader collects and analyzes data on
the school's progress toward
realizing the vision throughout the
school year and continually uses this
information to make decisions that
promote the success of all students.
A Focus on
Teaching and
Learning
There is little or not evidence
that the school leader monitors
teacher performance or uses data
to assess student learning and
progress toward the vision.
There is limited evidence that
the school leader monitors either
teaching performance or student
learning, or that the leader links
instruction to student
achievement and how this
information impacts the school's
progress toward realizing the
vision.
There is clear evidence that the
school leader has created a system
to monitor teacher performance
and student learning throughout the
school year, and demonstrates
some understanding of what
teaching strategies support
increased student learning and
progress toward the vision.
There is clear, convincing, and
consistent evidence that the school
leader collects data on teacher
performance and pupil achievement
from a variety of sources and
demonstrates a clear understanding
of how teaching is linked to student
learning and what adjustments or
modifications must be made to
ensure the success of all students and
progress toward the vision.
An Involvement
of all
Stakeholders
There is little or no evidence that
the school leader uses data from
any stakeholders in assessing
progress toward achieving the
vision.
There is limited evidence that
the school leader gathers
information from stakeholders
about the school's progress
toward the vision, or provides
any opportunity for them to
analyze or review the data.
There is clear evidence that the
school leader collects data the
school's progress toward the vision
from a variety of stakeholders and
shares this information with the
school community. The leader
may occasionally provide
opportunities for appropriate
stakeholders to analyze or review
this information.
There is clear, convincing, and
consistent evidence that the school
leader collects data about progress
toward achieving the vision from
sources both in and outside the
school, and that the leader provides
opportunities for appropriate
stakeholders to analyze and review
this information throughout the
school year to ensure that school
programs promote the success of all
students.
A Demonstration
of Ethical
Behavior
There is little or no evidence that
the school leader uses data on
the school's progress toward the
vision to report that progress
accurately, completely, or
frequently.
There is limited evidence that
the school leader releases
accurate data to the public on the
school's progress toward the
vision.
There is clear evidence that the
school leader provides the
community an accurate annual
report on the school's progress
toward the vision.
There is clear, convincing, and
consistent evidence that the school
leader uses data on the school's
progress toward the vision to provide
the school community with accurate,
complete, and frequent reports on the
status of the vision.
(c) ETS (Reprinted by permission of Educational Testing Service, the copyright owner)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1122 PROPOSED REGULATIONS
3.1.1.2 Standard 2: The Culture of Teaching conducive to student learning and staff professional growth.
and Learning --A school 3.1.1.2.1 Component 2a: Valuing Students and
administrator is an educational leader who promotes the Staff -
success of all students by advocating, nurturing, and Component Performance Table
sustaining a school culture and instructional program
LEVEL OF PERFORMANCE
Central Themes* Rudimentary Developing Proficient Accomplished
A Vision for
Success
There is little or no evidence that
the school leader recognizes the
efforts or accomplishments of
students or staff in their support
of the school vision.
There is limited evidence that
the school leader recognizes the
efforts and accomplishments of
students or staff in the support of
the school vision.
There is clear evidence that the
school leader values and
recognizes the efforts and
accomplishments of students and
staff, and reports these periodically
during the school year.
There is clear, convincing, and
consistent evidence that the school
leader values the efforts and
accomplishments of all members of
the school community and celebrates
these successes in a variety of ways,
both in and outside the school,
throughout the school year.
A Focus on
Teaching and
Learning
There is little or no evidence that
the school leader recognizes the
contributions of the teachers or
the efforts of the students in the
teaching and learning process.
There is limited evidence that
the school leader demonstrates
appreciation for the
contributions of teachers or the
achievement of students in the
teaching and learning process.
There is clear evidence that the
leader values the contributions of
the staff and/or the achievements
of the students in the teaching and
learning process and successes are
celebrated on occasion.
There is clear, convincing, and
consistent evidence that the school
leader understands how the efforts of
the staff support the achievement of
students and promotes, recognizes,
and celebrates these efforts and the
achievement of the students in the
teaching and learning process
throughout the school year.
An Involvement of
all Stakeholders
There is little or no evidence to
show that the school leader
involves the community in
recognizing the contributions of
teachers or students.
There is limited evidence that
the school leader involves
stakeholders in the recognition
of the success of the teachers and
students beyond infrequent
routine announcements.
There is clear evidence that the
school leader involves all members
of the community in celebrating
the success of students or teachers,
although this recognition may
occur only periodically and may be
limited to activities held within the
school.
There is clear, convincing, and
consistent evidence that the school
leader involves all members of the
community in celebrating the
success of students and teachers
throughout the school year, and that
these celebrations occur within the
school and in the community.
A Demonstration of
Ethical Behavior
There is little or no evidence to
show that the school leader
rewards the teaching and
learning successes or
contributions of students or staff
in a fair and equitable way.
There is limited evidence that
the school leader rewards the
teaching and learning successes
of students and teachers in a fair
and equitable way.
There is clear evidence that the
school leader rewards teaching and
learning successes of all groups,
although the public recognition
may not be uniformly applied over
all groups.
There is clear, convincing, and
consistent evidence that the school
leader treats the teaching and
learning contributions and successes
of all staff members and students in
an equitable and fair way.
(c) ETS (Reprinted by permission of Educational Testing 3.1.1.2.2 Component 2b: Developing and
Service, the copyright owner) Sustaining the Culture -Component Performance Table
LEVEL OF PERFORMANCE
Central Themes* Rudimentary Developing Proficient Accomplished
A Vision for
Success
There is little or not evidence
that the school leader is aware of
the role of school environment
and how it impacts the school's
vision.
There is limited evidence that
the school leader understands
the kind of environment that
contributes to the achievement
of the school's vision.
There is clear evidence that the
school leader has supported an
environment that contributed to the
achievement of the school's
vision.
There is clear, convincing, and
consistent evidence that the school
leader has fostered the creation of an
environment that directly and
positively enhances the school's
vision.
A Focus on
Teaching and
Learning
There is little or no evidence that
the school leader has engaged
teachers in activities to improve
instruction or has established
student achievement goals.
There is limited evidence that
the school leader has provided
teachers opportunities to engage
in appropriate professional
development activities that
support the school vision or has
established clearly defined
achievement goals for all.
There is clear evidence that the
school leader has provided
teachers a variety of opportunities
for professional growth that
support the school vision and/or
has established clear expectations
for all.
There is clear, convincing, and
consistent evidence that the school
leader has created a learning
community in which teachers are
provided opportunities for
appropriate professional growth and
reflection that support the vision of
the school and in which high
exceptions are established for all.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1123
An Involvement of
all Stakeholders
There is little or no evidence that
the school leader has involved
stakeholders in any activity
designed to support an effective
instructional program and
culture for teaching and
learning.
There is limited evidence that
the school leader has involved
stakeholders in any activities
that build an effective
instructional program or culture
for teaching and learning.
There is clear evidence that the
school leader has created
opportunities for various
stakeholders to engage in and
support an effective instructional
program and culture for teaching
and learning.
There is clear, convincing, and
consistent evidence that the school
leader has ensured that all
appropriate stakeholders have a
responsibility for and share in the
planning, shaping, and
implementation of an effective
instructional program and culture for
teaching and learning.
A Demonstration of
Ethical Behavior
There is little or no evidence that
the school leader has
demonstrated integrity in the
development of the instructional
program and school culture that
includes and ensures success for
all students and staff in a fair an
equitable way.
There is limited evidence that
the school leader has
demonstrated integrity and
sensitivity to the needs of the
diverse student population in the
development of the instructional
program and a school culture
that is fair and equitable for all.
There is clear evidence that the
school leader has demonstrated
integrity in the creation of an
effective instructional program and
school culture that provides
equitable opportunities for most
students.
There is clear, convincing, and
consistent evidence that the school
leader has demonstrated integrity in
ensuring that all aspects of the
instructional program and school
culture are sensitive to, and
inclusive of, the diversity among the
school population, and ensures that
all students are actively represented
in a fair and equitable way.
(c) ETS (Reprinted by permission of Educational Testing Culture - Component Performance Table
Service, the copyright owner)
3.1.1.2.3 Component 2c: Ensuring an Inclusive
LEVEL OF PERFORMANCE
Central Themes* Rudimentary Developing Proficient Accomplished
A Vision for
Success
There is little or no evidence
that the school leader
demonstrates any awareness of
the diversity within the school
community or provides any
opportunities for students from
diverse backgrounds to work
toward a realization of the
school's vision.
There is limited evidence that
the school leader demonstrates
an awareness of the diversity
within the school community,
or supports opportunities for
students from diverse
backgrounds to work toward a
realization of the school's
vision.
There is clear evidence that the
school leader builds on the
diversity within the school
community and provides
appropriate opportunities for
students from diverse
backgrounds to work toward a
realization of the school's vision.
There is clear, convincing, and
consistent evidence that the school
leader is sensitive to the needs of
all students, has created
opportunities for students from
diverse backgrounds to work
toward the vision of the school, and
has ensured that all students have
access to these opportunities.
A Focus on
Teaching and
Learning
There is little or no evidence
that the school leader is aware
of any barriers to student
learning or is sensitive to the
individual needs of the diverse
community.
There is limited evidence that
the school leader has identified
any barriers to learning, or has
linked the barriers to the
diversity within the
community.
There is clear evidence that the
school leader has identified
barriers to learning, is sensitive to
the needs of the diverse student
population, and has had some
success in removing each of these
barriers.
There is clear, convincing, and
consistent evidence that the school
leader has identified barriers to
learning that are insensitive to the
needs of the diverse student
population, has removed these
barriers, and has facilitated the
creation of a comprehensive
instructional program for all
students.
An Involvement of
all Stakeholders
There is little or no evidence
that stakeholders were involved
in the process of creating an
inclusive instructional
program.
There is limited evidence that
stakeholders were involved in
the process of ensuring an
inclusive instructional program
and school culture.
There is clear evidence that the
stakeholders assist the school
leader in identifying most of the
diversity within the community
and help to include
representatives in the decisionmaking
process for some of the
school's instructional programs.
There is clear, convincing and
consistent evidence that the
stakeholders assist the school
leader in identifying the diversity
within the community and help to
include representatives from these
groups in the decision-making
process for the school's
instructional programs to ensure
the school is sensitive to the needs
of the community.
A Demonstration
of Ethical
Behavior
There is little or no evidence
that the school leader provides
equal teaching and learning
opportunities for all members
of the diverse school
community.
There is limited evidence that
the school leader provides
equal teaching and learning
opportunities for most
members of the diverse school
community.
There is clear evidence that the
school leader has provided equal
teaching and learning
opportunities for all members of
the diverse school community
and has established clear
expectations for all.
There is clear, convincing, and
consistent evidence that the school
leader has actively ensured equal
teaching and learning opportunities
for all member of the diverse
school community. Further, the
leader has established clear
expectations for all.
(c) ETS (Reprinted by permission of Educational Testing 3.1.1.2.4 Component 2d: Monitoring and
Service, the copyright owner) Evaluating the Culture -Component Performance Table
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1124 PROPOSED REGULATIONS
LEVEL OF PERFORMANCE
Central Themes* Rudimentary Developing Proficient Accomplished
A Vision for
Success
There is little or no evidence
that the school leader assesses
the instructional program or
school culture or the impact the
instructional program or culture
has on attaining the vision of
the school.
There is limited evidence that
the school leader has assessed
the instructional program or
school culture or links the
instructional program or the
school culture to the fulfillment
of the school's vision; the
evidence may be of an
assessment limited in scope,
depth, or accuracy.
There is clear evidence that the
school leader has established a
reliable system to assess the
instructional program and the
school culture and uses the
information produced to promote
the vision of the school.
There is clear, convincing, and
consistent evidence that the school
leader has established a thorough and
ongoing assessment of the
instructional program and the school
culture and uses the information
produced to promote the school
vision.
A Focus on
Teaching and
Learning
There is little or no evidence
that the school leader assesses
teacher or student performance
as a part of monitoring and
evaluating the instructional
program.
There is limited evidence that
the school leader assesses
teacher or student performance,
or has made any link between
instruction and student
achievement.
There is clear evidence that the
school leader has created a system
of periodically appraising teacher
and student performance and that
this information is usually used to
inform instructional decisions.
There is clear, convincing, and
consistent evidence that the school
leader has created an ongoing system
of appraising teacher and student
performance and that this information
is systematically used to inform
instructional decisions throughout the
school year.
An Involvement of
all Stakeholders
There is little or no evidence
that the school leader involves
stakeholders in providing or
analyzing data related to the
instructional program or culture
of learning.
There is limited evidence that
the school leader involves some
stakeholders with an
opportunity to provide or
analyze data about the
instructional program or culture
of learning.
There is clear evidence that the
school leader involves
stakeholders in a variety of ways
to provide and analyze data about
the instructional program and
culture of learning on a regular
basis.
There is clear, convincing, and
consistent evidence that the school
leader gives stakeholders
responsibility for gathering and
analyzing information related to the
instructional program and culture of
learning throughout the school year,
and gives them an active role in using
this information to share in decisions
about school improvement.
A Demonstration
of Ethical Behavior
There is little or no evidence
that the school leader
demonstrates any integrity in
providing the school
community information about
the evaluation of the school's
instructional program and
culture.
There is limited evidence that
the school leader demonstrates
integrity in providing the
community information about
the evaluation of the school's
instructional program and
culture.
There is clear evidence that the
school leader has created a system
for monitoring and evaluating the
instructional program and culture
that is open and honest. Further,
the leader provides information
about the evaluation of the
instructional program and culture
periodically.
There is clear, convincing, and
consistent evidence that the school
leader has created a system for
monitoring and evaluating the
instructional program and culture that
is thorough, open and honest. Further,
the leader ensures that information
about the instructional program and
culture is provided on an ongoing
basis, in a variety of formats, to
ensure understanding by all members
of the diverse community.
(c) ETS (Reprinted by permission of Educational Testing for a safe, efficient, and effective learning environment.
Service, the copyright owner) 3.1.1.3.1 Component 3a: Making
Management Decisions to Ensure Successful Teaching and
3.1.1.3 Standard 3: The Management of Learning - Component Performance Table
Learning A school administrator is an educational leader
who promotes the success of all students by ensuring
management of the organization, operations, and resources
LEVEL OF PERFORMANCE
Central Themes* Rudimentary Developing Proficient Accomplished
A Vision for
Success
There is little or no evidence
that the school leader makes
management decisions that are
linked to the school's vision.
There is limited evidence that
the school leader considers the
school's vision when making
management decisions.
There is clear evidence that the
school leader makes most
management decisions in a way
that supports the school's vision.
There is clear, convincing, and
consistent evidence that, on an
ongoing basis, the school leader
makes all management decisions in a
way that promotes the school's
vision.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1125
A Focus on
Teaching and
Learning
There is little or no evidence
that the school leader
demonstrates any awareness of
learning, teaching, and student
development to inform
management decisions.
There is limited evidence that
the school leader demonstrates
any understanding of learning,
teaching, and student
development to inform
management decisions or
rarely uses this information to
enhance teaching and learning.
There is clear evidence that the
school leader demonstrates an
understanding of learning,
teaching, and student
development to inform most
management decisions and
frequently uses this information
to enhance teaching and learning.
There is clear, convincing, and
consistent evidence that the school
leader demonstrates an understanding
of learning, teaching, and student
development to inform all
management decisions and
continuously uses this information to
enhance teaching and learning.
An Involvement of
all Stakeholders
There is little or no evidence
that the school leader involves
stakeholders in the
management decision-making
process.
There is limited evidence that
the school leader makes
appropriate use of stakeholders
in the management decisionmaking
process.
There is clear evidence that the
school leader at times involves
appropriate stakeholders in the
management decision-making
process.
There is clear, convincing, and
consistent evidence that the school
leader actively recruits and involves
appropriate stakeholders in the
management decision-making
process on an ongoing basis.
A Demonstration
of Ethical Behavior
There is little or no evidence
that the school leader has every
employed ethical principles in
the decision-making process
that ensure fairness and equity
for all.
There is limited evidence that
the school leader has employed
ethical principles in the
decision-making process that
ensure fairness and equity for
all.
There is clear evidence that the
school leader employs ethical
principles in the decision-making
process and attempts to ensure
fairness and equity for all.
There is clear, convincing, and
consistent evidence that the school
leader employs ethical principles in
the decision-making process and
ensures fairness and equity for all.
(c) ETS (Reprinted by permission of Educational Testing Procedures to Ensure Successful Teaching and Learning -
Service, the copyright owner) Component Performance Table
3.1.1.3.2 Component 3b: Developing
LEVEL OF PERFORMANCE
Central Themes* Rudimentary Developing Proficient Accomplished
A Vision for
Success
There is little or no evidence
that the school leader facilitates
the development of any
procedures for successful
teaching and learning linked to
the school's vision.
There is limited evidence that
the school leader considers the
school's vision when
facilitating the development of
procedures for successful
teaching and learning.
There is clear evidence that the
school leader facilitates the
development of most procedures
for successful teaching and
learning to support the school's
vision.
There is clear, convincing, and
consistent evidence that the school
leader collaborates with stakeholders
to develop, assess, and improve
procedures for successful teaching
and learning to ensure the support of
the school's vision.
A Focus on
Teaching and
Learning
There is little or no evidence
that the school leader is aware
of any emerging trends or has
facilitated the development of
any procedures or policies to
support teaching and learning.
There is limited evidence that
the school leader recognizes
any emerging trends to
facilitate the development of
school procedures and policies
that are connected to the
teaching and learning process.
There is clear evidence that the
school leader recognizes, studies,
and applies some emerging trends
to facilitate the development of
school procedures and policies
that support and enhance the
teaching and learning process.
There is clear, convincing, and
consistent evidence that the school
leader recognizes, studies, and applies
emerging trends to facilitate the
development of school procedures
and policies that effectively support
and enhance the teaching and learning
process on an ongoing basis.
An Involvement of
all Stakeholders
There is little or no evidence
that the school leader involves
any stakeholders in the
development of procedures to
ensure successful teaching and
learning.
There is limited evidence that
the school leader involves
appropriate stakeholders in the
development of school
procedures to ensure successful
teaching and learning.
There is clear evidence that the
school leader involves
stakeholders in developing many
of the school procedures to ensure
successful teaching and learning.
There is clear, convincing, and
consistent evidence that the school
leader actively engages appropriate
stakeholders in developing all school
procedures that ensure successful
teaching and learning.
A Demonstration
of Ethical Behavior
There is little or no evidence
that the school leader
demonstrates integrity in
facilitating the development of
any procedures that support
teaching and learning which are
fair and equitable to all.
There is limited evidence that
the school leader demonstrates
integrity in facilitating the
development of some
procedures that support
teaching and learning which are
fair and equitable to all.
There is clear evidence that the
school leader demonstrates
integrity in facilitating the
development of most procedures
that support teaching and learning
which are fair and equitable to all.
There is clear, convincing, and
consistent evidence that the school
leader demonstrates integrity in
facilitating the development of all
procedures that support teaching and
learning which are fair and equitable
to all.
(c) ETS (Reprinted by permission of Educational Testing Resources to Ensure Successful Teaching and Learning -
Service, the copyright owner) Component Performance Table
3.1.1.3.3 Component 3c: Allocating
LEVEL OF PERFORMANCE
Central Themes* Rudimentary Developing Proficient Accomplished
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1126 PROPOSED REGULATIONS
A Vision for
Success
There is little or no evidence
that the school leader
effectively uses resources to
promote the vision of the
school.
There is limited evidence that
the school leader makes all
decisions regarding the
allocation of resources with
appropriate consideration of
the school's vision.
There is clear evidence that the
school leader effectively and
fairly allocates most school
resources in a way that supports
the school's vision.
There is clear, convincing, and
consistent evidence that the school
leader ensures that all available
resources are allocated effectively
and fairly in a way that supports the
school's vision.
A Focus on
Teaching and
Learning
There is little or no evidence
that the school leader uses
resources effectively or
efficiently, and/or considers the
relationship of these resources
to successful teaching and
learning.
There is limited evidence that
the school leader makes
decisions regarding the
allocation of resources bases
on a consideration of the link
between the allocation of these
resources and how they support
successful teaching and
learning.
Thee is clear evidence that the
school leader makes routine
decisions related to the effective
allocation and use of resources in
support of successful teaching
and learning.
There is clear, convincing, and
consistent evidence that the school
leader has developed creative ways to
obtain, allocate, and conserve
resources to support successful
teaching and learning.
An Involvement of
all Stakeholders
There is little or no evidence
that the school leader is aware
of the stakeholders' interests or
provides them any forum to
express their opinion on how
resources are to be allocated.
There is limited evidence that
the school leader provides
stakeholders an opportunity to
express their opinion about the
allocation of resources, or uses
this information to support
allocation decisions.
There is clear evidence that the
school leader is sensitive to the
competing interests of the various
school groups and includes some
stakeholders in most of the
decision-making related to
resource allocation.
There is clear, convincing, and
consistent evidence that the school
leader is sensitive to the competing
interests of various school groups and
collaboratively engages appropriate
stakeholders in all decisions related
to resource allocation.
A Demonstration
of Ethical Behavior
There is little or no evidence to
suggest that the school leader
demonstrates integrity in
allocating resources to support
teaching and learning in a fair
and equitable way.
There is limited evidence that
the school leader demonstrates
integrity in allocating resources
to support teaching and
learning in a fair and equitable
way.
There is clear evidence that the
school leader demonstrates
integrity in allocating most
resources to support teaching and
learning in a fair and equitable
manner.
There is clear, convincing, and
consistent evidence that the school
leader always demonstrates integrity
in allocating all resources to support
teaching and learning in a fair and
equitable way.
(c) ETS (Reprinted by permission of Educational Testing Healthy Environment to Ensure Successful Teaching and
Service, the copyright owner) Learning - Component Performance Table
3.1.1.3.4 Component 3d: Creating a Safe,
LEVEL OF PERFORMANCE
Central Themes* Rudimentary Developing Proficient Accomplished
A Vision for Success
There is little or no evidence
that the school leader is aware
of unsafe or unhealthy
conditions in the school or has
attempted to ensure a safe and
healthy environment that can
support the school's vision..
There is limited evidence that
the school leader is aware of
health and safety-related
issues existing in the school,
or works to create a school
environment to support the
school's vision.
There is clear evidence that the
school leader creates a school
environment that supports the
school's vision, and periodically
identifies and addresses most
unsafe and unhealthy conditions
in the school.
There is clear, convincing, and
consistent evidence that the school
leader continuously creates a social,
physical, and emotional environment
that promotes the school's vision and
identifies and addresses unsafe and
unhealthy conditions in the school.
A Focus on
Teaching and
Learning
There is little or no evidence
that the school leader makes
plans for a safe and healthy
environment to ensure
successful teaching and
learning or addresses safety
concerns as they arise.
There is limited evidence that
the school leader creates a safe
school either in planning or in
actions.
There is clear evidence that the
school leader creates an
environment that is generally
conducive to ensure effective
teaching and learning, although
there may be areas that are
exceptions.
Clear, convincing, and consistent
evidence exists that the school leader
ensures the creation of an
environment conducive to successful
teaching and learning for all.
An Involvement of
all Stakeholders
There is little or no evidence
that the school leader has
made an attempt to address the
issue of safe schools with any
stakeholders or to enlist their
support in creating an
environment conducive to
teaching and learning.
There is limited evidence that
the school leader attempts to
address the issue of safe
schools with some
stakeholders, and/or that the
leader is aware of local
community agencies that
could assist the school to
create an effective, safe
learning environment.
There is clear evidence that the
school leader addresses the issue
of safe schools with appropriate
stakeholders and involves some
community agencies to provide
the school services to create an
effective, safe learning
environment.
There is clear, convincing, and
consistent evidence that the school
leader addresses the issue of safe
schools with appropriate
stakeholders and fosters and
develops partnerships with
community agencies to create an
effective, safe learning environment.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
--
PROPOSED REGULATIONS 1127
A Demonstration of
Ethical Behavior
There is little or no evidence
that the school leader treats
people fairly and equitably in
the application of the laws and
procedures designed to protect
the health and safety of all.
There is limited evidence that
the school leader treats people
fairly and equitably in the
application of some of the
laws and procedures designed
to protect the health and safety
of all.
There is clear evidence that the
school leader treats people fairly
and equitably in the application
of the laws and procedures
designed to protect the health
and safety of all.
There is clear, convincing, and
consistent evidence that the school
leader treats people fairly and
equitably in the application of all
laws and procedures designed to
protect the health and safety of all
and is an advocate for the physical,
social, and emotional well-being of
all members of the school
community.
(c) ETS (Reprinted by permission of Educational Testing community members, responding to diverse community
Service, the copyright owner) interests and needs, and mobilizing community resources.
3.1.1.4.1 Component 4a:
3.1.1.4 Standard 4: Relationships with the Understanding Community Needs -Component
broader community to foster learning A school Performance Table
administrator is an educational leader who promotes the
success of all students by collaborating with families and
LEVEL OF PERFORMANCE
Central Themes* Rudimentary Developing Proficient Accomplished
A Vision for
Success
There is little or no evidence
that the school leader
understands the needs of the
community and how these
needs could be reflected in the
vision of the school.
There is limited evidence that
the school leader attempts to
understand the needs of the
community, or that these needs
are reflected in the vision of
the school.
There is clear evidence that the
school leader assesses the needs
of the community and that
patterns that emerge from these
data are used to inform the vision
of the school.
There is clear, convincing, and
consistent evidence that the school
leader assesses the needs of the
community on an ongoing basis, has
had the ability to identify and predict
patterns that are supported by these
data, and uses this information to
modify, inform, and validate the
vision of the school.
A Focus on
Teaching and
Learning
There is little or no evidence
that the school leader assesses
the needs of the community to
provide data to inform
effective teaching strategies
that would foster learning.
There is limited evidence that
the school leader assesses the
needs of the community, or
that resulting data were used
by the leader to inform
teaching strategies that would
foster learning.
There is clear evidence that the
school leader assesses the needs
of the community and usually
uses resulting data to modify
teaching strategies that foster
learning.
There is clear, convincing, and
consistent evidence that the school
leader assesses the needs of the
community on an ongoing basis and
continually uses resulting data to
inform teaching strategies that
clearly foster learning and improve
student achievement.
An Involvement of
all Stakeholders
There is little or no evidence
that the school leader engages
the assistance or support of
stakeholders in assessing the
needs of the community to
foster learning in the school.
There is limited evidence that
the school leader engages the
assistance of some
stakeholders in assessing the
needs of the community with a
goal of fostering learning in
the school.
There is clear evidence that the
school leader collaborates from
time to time with some
stakeholders in collecting and
analyzing data concerning the
needs of the community with a
goal of fostering learning in the
school.
There is clear, convincing, and
consistent evidence that the school
leader collaborates with appropriate
stakeholders on an ongoing basis to
collect and analyze data on the needs
of the community with a goal of
fostering learning in the school.
A Demonstration
of Ethical Behavior
There is little or no evidence
that the school leader
demonstrates appreciation for
and sensitivity to the needs and
prevailing values of the diverse
school community.
There is limited evidence that
the school leader demonstrates
appreciation for and/or
sensitivity to the needs and
prevailing values of the diverse
school community.
There is clear evidence that the
school leader frequently
demonstrates appreciation for
and/or sensitivity to the needs
and prevailing values of the
diverse school community.
There is clear, convincing, and
consistent evidence that the school
leader demonstrates appreciation for
and sensitivity to the needs and
prevailing values of the diverse
school community on an ongoing
basis.
(c) ETS (Reprinted by permission of Educational Testing Members of the Community -Component Performance
Service, the copyright owner) Table
3.1.1.4.2 Component 4b: Involving
LEVEL OF PERFORMANCE
Central Themes* Rudimentary Developing Proficient Accomplished
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1128 PROPOSED REGULATIONS
A Vision for
Success
There is little or no evidence
that the school leader
demonstrates any
understanding of, or an interest
in, what is needed to involve
members of the community in
achieving the school vision.
The school leader
demonstrates an understanding
of the issues and challenges in
engaging the school
community in achieving the
school vision or engages any
significant segments of the
community in this activity.
There is clear evidence that the
school leader has a basic plan to
engage the community to assist
the school in achieving its vision.
The plan generally addresses the
issues and challenges to be faced
in working toward the vision, and
involves most appropriate
stakeholders.
There is clear, convincing, and
consistent evidence that the school
leader has an effective, multifaceted
plan for collaborating with families
and community members in a way
that contributes to the success of the
school's vision. The plan's strategies
address the issues and challenges to
be faced in working toward the
vision, and involve all appropriate
stakeholders.
A Focus on
Teaching and
Learning
There is little or no evidence
that the school leader plans for
any partnerships between the
school and community that
will enhance or support the
teaching and learning process.
There is limited evidence that
the school leader attempts to
develop partnerships between
the school and the community,
and only limited evidence that
the school leader is aware of
the benefits that this would
bring to the process of teaching
and learning.
There is clear evidence that the
school leader establishes
partnerships with some
community groups that
contribute to the success of the
teaching and learning process.
There is clear, convincing, and
consistent evidence that the school
leader establishes solid, ongoing
partnerships with a variety of
community groups and organizations
to strengthen school programs and
support the success of the teaching
and learning process.
An Involvement of
all Stakeholders
There is little or no evidence
that the school leader enlists
the support of stakeholders in
developing relationships with
organizations outside the
school to foster learning.
There is limited evidence that
the school leader has enlisted
the support of some
stakeholders to develop
relationships with
organizations outside the
school, but the purpose of
these relationships may be
unclear.
There is clear evidence that the
school leader has enlisted the
support of a variety of
stakeholders to develop
relationships with organizations
outside the school, many of
which are created to assist the
school in fostering learning.
There is clear, convincing, and
consistent evidence that the school
leader has enlisted the support of a
wide variety of stakeholders to
develop relationships with
organizations outside the school with
the specific intent of assisting the
school to foster learning.
A Demonstration
of Ethical Behavior
There is little or no evidence
that the school leader
demonstrates fairness in
engaging equal representation
of the diverse school
community in an attempt to
foster learning.
There is limited evidence that
the school leader demonstrates
fairness in engaging some
equal representation of the
diverse school community in
an attempt to foster learning.
There is clear evidence that the
school leader frequently
demonstrates equity and fairness
in engaging representatives of the
diverse school community in an
attempt to foster learning.
There is clear, convincing, and
consistent evidence that the school
leader demonstrates equity and
fairness in engaging representatives
of the diverse school community in
an ongoing basis to foster learning.
(c) ETS (Reprinted by permission of Educational Testing Opportunities for the Community and School to Serve Each
Service, the copyright owner) Other - Component Performance Table
3.1.1.4.3 Component 4c: Providing
LEVEL OF PERFORMANCE
Central Themes* Rudimentary Developing Proficient Accomplished
A Vision for
Success
There is little or no evidence
that the school leader sees the
school and community as
anything other than separate
and district entities or provides
any opportunities for members
of the community to engage in
improvement efforts outside the
school.
There is limited evidence that
the school leader provides any
opportunity for the school and
community to engage in any
meaningful way to achieve the
school vision or provides any
opportunities for the school
community to engage in
improvement efforts outside the
school.
There is clear evidence that the
school leader provides some
opportunities for some
community groups to serve the
school in achieving its vision and
clear evidence that the school
leader encourages members of the
school community to be active in
supporting improvement efforts
outside the school.
There is clear, convincing, and
consistent evidence that the school
leader provides a variety of
opportunities for all appropriate
community groups to address and
help solve problems in a way that
supports the school in achieving its
vision, and that the leader ensures that
members of the school community are
active participants in improvement
efforts.
A Focus on
Teaching and
Learning
Thee is little or no evidence that
the school leader sees any
potential benefit in developing
partnerships or lines of
communication with
community youth and family
service organizations to support
he instructional program or
provides any opportunities that
might support community
improvement.
There is limited evidence that
the school leader uses
community youth and service
agencies to support the school
program or has developed any
opportunities for the
instructional program to
support community
improvement.
There is clear evidence that the
school leader integrates most
community groups (e.g., youth
and family service agencies, etc.)
into many school programs that
support and improve teaching and
learning and has developed some
instructional activities that
support community improvement.
There is clear, convincing, and
consistent evidence that the school
leader fully integrates a variety of
community groups (e.g., service
agencies, cultural groups, etc.) in
school programs to improve teaching
and learning and that the school has
instructional activities that support a
variety of community improvement
efforts throughout the year.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1129
An Involvement of
all Stakeholders
There is little or no evidence
that the school leader involves
stakeholders in developing
ways that the school and the
community might support each
other's improvement efforts.
Thee is limited evidence that
the school leader has enlisted
the involvement of stakeholders
to develop strategies that will
provide members of the
community an opportunity to
foster learning in the school,
and in finding ways for the
school to assist the community
in improvement efforts.
There is clear evidence that the
school leader involves
stakeholders in developing a
variety of ways in which the
community can assist the school
to foster learning and for finding
some opportunities for the school
to help the community bring
about improvement.
There is clear, convincing, and
consistent evidence that the school
leader continuously involves
stakeholders in developing a
comprehensive program to provide
community members an opportunity
to foster learning and to assist the
school in becoming active in
community improvement efforts.
A Demonstration
of Ethical Behavior
There is little or no
evidence that in
activities in which the
school and community
serve each other, the
school leader makes any
attempt to seek
participation from
school and community
members, is aware of
equitable and respectful
treatment of those
involved, or is aware of
appropriate ways the
school and community
could support each
other.
There is limited
evidence that in
activities in which the
school and community
serve each other, the
school leader seeks
participation from
representative groups
within the school and
community, treats
stakeholders fairly,
respects opinions, and
works to ensure that the
school and community
support each other
appropriately.
There is clear evidence
that in most activities in
which school and
community serve each
other, the school leader
usually seeks participation
from most representative
groups within the school
and community, treats all
stakeholders fairly,
respects all opinions, and
works to ensure that the
school and community
support each other in an
ethical manner.
There is clear, convincing,
and consistent evidence that
in all activities in which the
school and community serve
each other, the school leader
actively seeks participation
from all representative
groups, treats all stakeholders
equitably and respectfully,
hears and values all opinions,
and works to ensure that the
school and community
support each other in a fair
and equitable manner.
(c) ETS (Reprinted by permission of Educational Testing Valuing Diversity - Component
Service, the copyright owner) Performance Table
3.1.1.4.4 Component 4d: Understanding and
LEVEL OF PERFORMANCE
Central Themes* Rudimentary Developing Proficient Accomplished
A Vision for
Success
There is little or no evidence
that the school leader has
developed a vision for the
school that is sensitive to the
diversity within the community
or sees the school as a
microcosm of society.
There is limited evidence that
the school leader attempts to
create a school vision that
includes success for all students
and provides some limited
means of acknowledging, in a
positive way, the diversity of
the community.
There is clear evidence that the
school leader works for the
creation of a school vision that
includes high expectations for all
students regardless of race,
ethnicity, socioeconomic status,
or gender, and provides
opportunities for school and
community to honor the diversity
of the community.
There is clear, convincing, and
consistent evidence that the school
leader ensures the creation of a school
vision that includes high expectations
for all students regardless of race,
ethnicity, socioeconomic status, or
gender, and that the leader has
provided multiple opportunities for
the school and community to
celebrate diversity.
A Focus on
Teaching and
Learning
There is little or no evidence
that the school leader is either
sensitive to or aware of
diversity within the school
community and the impact that
this has on teaching and
learning.
There is limited evidence that
the school leader is sensitive to
and aware of diversity within
the school community, or
ensures that the instructional
program reflects the special
needs that result from this
diversity.
There is clear evidence that the
school leader encourages teachers
to plan and deliver differentiated
lessons designed to address the
needs of diversity within the
community, that curriculum
guides usually integrate cultural
sensitivity and diversity, and that
programs are developmentally
There is clear, convincing, and
consistent evidence that the school
leader has ensured that all teachers
address cultural diversity, that
students' differences are addressed in
differentiated lesson plans, and that
curriculum guides integrate cultural
sensitivity and diversity in
developmentally appropriate units of
study.
An Involvement of
all Stakeholders
There is little or no evidence
that the school leader involves
stakeholders to engage
representative of the diverse
community in the decisionmaking
process.
There is limited evidence that
the school leader involves
stakeholders to engage
representatives of the diverse
community in the decisionmaking
process.
There is clear evidence that the
school leader involves
stakeholders in an attempt to
engage representatives of the
diverse community in many
decision-making activities.
There is clear, convincing, and
consistent evidence that the school
leader involves appropriate
stakeholders to ensure that
representatives of the diverse
community actively participate in
decision-making.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1130 PROPOSED REGULATIONS
A Demonstration of
Ethical Behavior
There is little or no evidence
that the school leader is
sensitive to the issues of
ethnicity, race, gender, and
socioeconomic status among
the students or larger
community, or that the school
leader treats others equitably.
There is limited evidence that
the school leader respects the
diversity within the school and
community, expects others to
do so, or addresses the need for
equity in all aspects of the
school program.
There is clear evidence that the
school leader models respect for
diversity within the school and
community, usually holds
members of the school
community to that standard, and
works to provide equity for
students in all aspects of the
school program.
There is clear, convincing, and
consistent evidence that the school
leader models respect for diversity
within school and community, holds
all members of the school community
accountable for the value, and assures
that equity exists for students in all
aspects of the school program.
(c) ETS (Reprinted by permission of Educational Testing by acting with integrity, with fairness, and in an ethical
Service, the copyright owner) manner
3.1.1.5.1 Component 5a:
Demonstrating a Personal and Professional Code of Ethics -
3.1.1.5 Standard 5: Integrity, Fairness, and Component Performance Table
Ethics in Learning -- The school administrator is an
educational leader who promotes the success of all students
LEVEL OF PERFORMANCE
Central Themes* Rudimentary Developing Proficient Accomplished
A Vision for
Success
There is little or no evidence
that the school leader has
provided equitable
opportunities for members of
the school community to
work toward the development
and implementation of the
school vision.
There is limited evidence that
the school leader provides
equitable opportunities for
most members of the school
community to work toward
the development and
implementation of the school
vision, or has demonstrated
integrity in ensuring each
person's engagement in that
pursuit.
There is clear evidence that the
school leader fosters the
development of a vision for
success with concern that the
vision addresses the needs of all
students, actively promotes
opportunities for each member
of the school community to
work toward the vision of the
school, and fairly monitors each
person's participation in that
pursuit.
There is clear, consistent, and
convincing evidence that the school
leader ensures the development of a
vision for success with equitable
and ethical considerations for the
needs of all students, applies the
vision of the school equitably
among all the members of the
school community, excludes no one
from the opportunity to succeed,
and assesses each person's progress
toward the vision.
A Focus on
Teaching and
Learning
There is little or no evidence
that the school leader
possesses a personal and
professional code of ethics
that is reflected in the
behaviors and values of the
staff and students in the
teaching and learning process.
There is limited evidence that
the school leader possesses a
personal or professional code
of ethics that is reflected in
the behaviors and values of
the staff and students in the
teaching and learning process.
There is clear evidence that the
school leader models personal
and professional codes of ethics
that are reflected in the
behaviors and values of most of
the staff and students in the
teaching and learning process.
There is clear, consistent, and
convincing evidence that the school
leader models personal and
professional codes of ethics that are
clearly reflected in the behaviors
and values of the staff and students
in the teaching and learning process
throughout the year.
An Involvement of
all Stakeholders
There is little or no evidence
that the school leader seeks to
protect the stakeholders from
the unethical behavior of
others such as favoritism and
exclusion of some groups
from activities and
opportunities.
There is limited evidence that
the school leader treats
stakeholders fairly, and
opposes such inappropriate
behavior as favoritism,
withholding of information,
or the exclusion of
stakeholders from activities
or opportunities.
There is clear evidence that the
school leader treats members of
the school community fairly,
stands strongly against showing
favoritism to or withholding
information from any
stakeholders or excludes any
from activities or opportunities.
There is clear, consistent, and
convincing evidence that the school
leader consistently and genuinely
treats all stakeholders fairly,
vigorously expects ethical behavior
in others, and is willing to confront
those who fail to meet this
expectation.
A Demonstration
of Ethical
Behavior
There is little or no evidence
that the school leader is
concerned about ethical
behavior in the school or
outside the school.
There is limited evidence that
the school leader represents
ethical behavior in the school
or in personal activities
outside the school.
There is clear evidence that the
school leader demonstrates
ethical behavior in the school
and in personal activities
outside the school.
There is clear, convincing, and
consistent evidence that the school
leader models ethical behavior both
in the school and in personal
activities outside the school.
(c) ETS (Reprinted by permission of Educational Testing Understanding One's Impact on the School and Community
Service, the copyright owner) - Component Performance Table
3.1.1.5.2 Component 5b:
LEVEL OF PERFORMANCE
Central Themes* Rudimentary Developing Proficient Accomplished
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1131
A Vision for
Success
There is little or no evidence
that the school leader has
assessed the needs of the
community or understands
how the vision of the school
affects these needs.
There is limited evidence that
the school leader assesses the
needs of the members of the
community of the school, or
uses any assessment
information in any meaningful
way to address these needs.
There is clear evidence that the
school leader periodically
assesses the needs of the
members of the school and the
community and considers this
information to gain some
understanding of how the vision
of the school will affect these
individuals in addressing their
needs.
There is clear, convincing, and
consistent evidence that the school
leader continually assesses the needs
of the members of the school and
community on an ongoing basis and
uses this information effectively to
understand how the vision of the
school will affect those individuals.
A Focus on
Teaching and
Learning
There is little or no evidence
that the school leader seeks
feedback from students and
teachers to assess the
administration's effect on the
learning environment and
student achievement.
There is limited evidence that
the school leader seeks
feedback from students and
teachers to assess the
administration's effect on the
learning environment and
student achievement, or that
the school leader uses this
information to consider how
to improve the learning
atmosphere.
There is clear evidence that the
school leader seeks periodic
feedback from students and
teachers to assess the
administration's effect on the
learning environment and
student achievement, and
usually uses this information to
consider positive change to the
learning atmosphere.
There is clear, convincing, and
consistent evidence that the school
leader seeks frequent feedback from
student's and teachers to assess the
administration's effect on the
learning environment and student
achievement, and consistently uses
this information to bring about
positive change to the learning
atmosphere.
An Involvement of
all Stakeholders
There is little or no evidence
that the school leader seeks
feedback from the members of
the community about the
administration's impact on
learning.
There is limited evidence that
the school leader seeks
feedback from the members of
the community about the
administration's impact on
learning or uses this
information in a significant
way.
There is clear evidence that the
school leader periodically seeks
some feedback from members of
the community about the
administration's impact on
learning and uses this
information in some ways to
strengthen the relationship
between the school and the
community.
There is clear, convincing, and
consistent evidence that the school
leader frequently seeks feedback
from the community about the
administration's impact on learning
and consistently uses the
information to strengthen the
relationship between school and
community.
A Demonstration
of Ethical
Behavior
There is little or no evidence
that the leader seeks input
from or is concerned about the
administration's impact on the
school and community.
There is limited evidence that
the school leader provides an
opportunity for some
members of the school
community to provide
information about the leader's
impact on the school and
community, and at times uses
this information in making
changes.
There is clear evidence that the
school leader provides
opportunities for an open and
honest discussion with members
of the school and community
concerning the administration's
impact and considers their
opinions in making changes.
There is clear, convincing and
consistent evidence that the school
leader continuously provides
opportunities for an open, honest,
and constructive discussion with
members of the school and
community concerning the
administration's impact and
thoughtfully uses this information to
bring about positive change.
(c) ETS (Reprinted by permission of Educational Testing the Rights and Dignity of All -Component Performance
Service, the copyright owner) Table
3.1.1.5.3 Component 5c: Respecting
LEVEL OF PERFORMANCE
Central Themes* Rudimentary Developing Proficient Accomplished
A Vision for
Success
There is little or no evidence
that the school leader has taken
any measure to ensure that the
vision of the school is
appropriate for all members of
the school community or that all
have an opportunity to attain the
vision.
There is limited evidence that
the school leader has ensured
either that the vision of the
school is appropriate for all
members of the school
community or that all have an
opportunity to attain the vision.
There is clear evidence that the
school leader ensures that the
vision f the school is appropriate
for all members of the school
community and all have an
opportunity to attain the vision.
There is clear, convincing, and
consistent evidence that the school
leader ensures that the vision of the
school is appropriate for all members
of the school community, all have an
opportunity to attain the vision, and
all are supported in working toward
the vision throughout the school year.
A Focus on
Teaching and
Learning
There is little or no evidence
that the school leader is
concerned with the rights and
dignity of teachers or students.
There is limited evidence that
the school leader demonstrates
respect for the rights and
dignity of teachers or students.
There is clear evidence that the
school leader demonstrates
respect for the rights and the
dignity of all teachers and clearly
advocates that the rights and
dignity of all students are
protected.
There is clear, convincing, and
consistent evidence that the school
leader demonstrates and insists on
respect for the rights and dignity of all
teachers and ensures that all students
are treated with dignity and with full
concern for their rights.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
--
1132 PROPOSED REGULATIONS
An Involvement of
all Stakeholders
There is little or no evidence
that the school leader is
concerned with involving
stakeholders in developing or
participating in activities that
support the rights and dignity of
all.
There is limited evidence that
the school leader provides
opportunities for members of
the school community to
participate in or develop
activities that support the rights
and dignity of all.
There is clear evidence that the
school leader provides some
opportunities for members of the
school community to participate
in and/or develop activities that
support the rights and dignity of
all.
There is clear, convincing, and
consistent evidence that the school
leader provides frequent and various
opportunities for all members of the
school community to participate in
and develop activities that support the
rights and dignity of all throughout
the school.
A Demonstration
of Ethical
Behavior
There is little or no evidence
that the school leader is
concerned with respecting or
protecting the rights and dignity
of teachers, students, or parents.
There is limited evidence that
the school leader creates rules
and routines that respect the
rights of teachers, students, or
parents, or enforces such rules
or procedures effectively.
There is clear evidence that the
school leader creates and
routinely supports rules and
routines that respect the rights of
teachers, students, and parents.
There is clear, convincing, and
consistent evidence that the school
leader creates and consistently
supports rules and routines that
respect and protect the rights of
teachers, students, and parents; and
actively confronts efforts by others
who might seek to infringe on these
rights.
(c) ETS (Reprinted by permission of Educational Testing Integrity and Ethical Behavior in Others - Component
Service, the copyright owner) Performance Table
3.1.1.5.4 Component 5d: Inspiring
LEVEL OF PERFORMANCE
Central Themes* Rudimentary Developing Proficient Accomplished
A Vision for
Success
There is little or no evidence
that the school leader is aware
of the need to create an
environment in which all
members of the school
community act with integrity
an a sense of ethics in any
activities involving the school
vision for success.
There is limited evidence that
the school leader takes any
actions designed to cause all
members of the school
community to set with integrity
and a sense of ethics in working
with the school vision for
success.
There is clear evidence that the
school leader works effectively
with students, faculty, staff, and
community to act with integrity
and a sense of ethics as they
create, implement, evaluate, and
revise the school vision for
success.
There is clear, convincing, and
consistent evidence that the school
leader is highly effective in inspiring
students, faculty, staff, and
community to demonstrate highest
principles of integrity and ethical
behavior as they create, implement,
evaluate and revise the school vision
for success.
A Focus on
Teaching and
Learning
There is little or no evidence
that the school leader is aware
of the impact that integrity and
ethics have on the teaching and
learning process.
There is limited evidence that
the school leader is sensitive to
the impact that integrity and
ethics have on the teaching and
learning process or is
successful in addressing these
types of issues as they arise.
There is clear evidence that the
school leader is sensitive to the
impact that integrity and ethics
have on the teaching and learning
process and demonstrates success
in addressing these types of issues
as they arise.
There is clear, convincing, and
consistent evidence that the school
leader actively and continuously
monitors the school climate to assure
that all aspects of the teaching and
learning process are carried out with
the highest regard for principles of
integrity and ethical behavior.
An Involvement of
all Stakeholders
There is little or no evidence
that the school leader is aware
of the value of enlisting the
support of members of the
community to inspire ethical
behavior in others.
There is limited evidence that
the school leader has enlisted
the support of members of the
community to inspire ethical
behavior in others.
There is clear evidence that the
school leader has enlisted the
support of all appropriate
stakeholders in creating an
environment in which all behave
with integrity and a sense of
ethics.
There is clear, convincing, and
consistent evidence that the school
leader has enlisted the support of all
appropriate stakeholders to model
integrity and ethical behavior and to
inspire these values in others and
specifically recognizes and rewards
their efforts.
A Demonstration
of Ethical Behavior
There is little or no evidence
that the school leader is aware
of the responsibility to
demonstrate ethical behavior as
a model for other members of
the school community.
There is limited evidence that
the school leader behaves in a
manner that would inspire a
sense of integrity and ethical
behavior in other members of
the school community.
There is clear evidence that the
school leader demonstrates a
sense of integrity and ethical
behavior that serves as a model
for all members of the school
community.
There is clear, convincing, and
consistent evidence that the school
leader consistently demonstrates a
clear and compelling sense of
integrity and ethical behavior that
serves as a model for all members of
the school community.
(c) ETS (Reprinted by permission of Educational Testing 3.1.1.6.1 Component 6a: Operating
Service, the copyright owner) Schools on Behalf of Students and Families - Component
Performance Table
3.1.1.6 Standard 6: The political, social,
economic, legal, and cultural context learning A school
administrator is an educational leader who has the
knowledge and skills to promote the success of all students
by understanding, responding to, and influencing the larger
political, social, economic, legal, and cultural contexts.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1133
LEVEL OF PERFORMANCE
Central Themes* Rudimentary Developing Proficient Accomplished
A Vision for
Success
There is little or no evidence
that the school leader has any
awareness of the need to
consider the needs of students
and families in the creation of
the school vision.
There is limited evidence that
the school leader considers the
needs of students and parents in
the creation of the school
vision.
There is clear evidence that the
school leader facilitates the
creation of a school vision that is
based on his or her understanding
of the needs of the students and
their families.
There is clear, convincing, and
consistent evidence that the school
leader considers a documented
analysis of the needs of the community
to facilitate the creation of a school
vision based on the best interest of the
students and their families.
A Focus on
Teaching and
Learning
There is little or no evidence
that the school leader has any
understanding of how teaching
and learning are affected by
issues faced by students and
families outside the school.
There is limited evidence that
the school leader is aware of
the challenges faced by
students and families within the
community or understands how
to address these issues as they
impact teaching and learning.
There is clear evidence that the
school leader is aware of the
challenges faced by students and
families within the community
and has used this information in
an attempt to improve teaching
and learning.
There is clear, convincing, and
consistent evidence that the school
leader is aware of the challenges faced
by students and families within the
community and uses this information
as part of an ongoing process to
improve teaching and learning.
An Involvement of
all Stakeholders
There is little or no evidence
that the school leader is aware
of the responsibility to
collaborate with stakeholders
to provide resources that
support students and their
families.
There is limited evidence that
the school leader attempts to
collaborate with stakeholders
to provide resources that
support students and their
families.
There is clear evidence that the
school leader collaborates with
stakeholders to provide resources
that support students and their
families.
There is clear, convincing, and
consistent evidence that the school
leader is highly successful in
collaborating with stakeholders
throughout the year to provide
resources that support students and
their families.
A Demonstration
of Ethical Behavior
There is little or no evidence
that the school leader
demonstrates integrity in
ensuring that students and
families are treated fairly,
equitably, and with dignity.
There is limited evidence that
the school leader demonstrates
integrity in ensuring that some
students and some families are
treated fairly, equitably, and
with dignity.
There is clear evidence that the
school leader frequently
demonstrates integrity in ensuring
that most students and most
families are treated fairly,
equitably, and with dignity.
There is clear, convincing, and
consistent evidence that, throughout
the school year, the school leader
demonstrates integrity in ensuring that
all students and families are treated
fairly, equitably, and with dignity.
3.1.1.6.2 Component 6b:
(c) ETS (Reprinted by permission of Educational Testing Communicating Changes in Environment to Stakeholders
Service, the copyright owner)
LEVEL OF PERFORMANCE
Central Themes* Rudimentary Developing Proficient Accomplished
A Vision for Success
There is little or no
evidence that the
school leader
informs any
members of the
school or community
about external forces
that impact work
toward the school's
vision.
There is limited
evidence that the
school leader
attempts to inform
members of the
school and/or
community about
some external forces
that impact work
toward the school's
vision.
There is clear
evidence that the
school leader keeps
members of the school
and community
informed about
external forces that
impact work toward
the school's vision.
There is clear, convincing, and consistent
evidence that the school leader maintains
an ongoing dialogue with members of the
school and community about external
forces that impact work toward the
school's vision.
A Focus on Teaching
and Learning
There is little or no
evidence that the
school leader is
aware of external
forces that might
challenge or support
instructional
programs and
student achievement.
There is limited
evidence that the
school leader
identifies external
forces that might
challenge or support
instructional
programs and
student achievement,
or communicates
this information to
the community when
it is known.
There is clear
evidence that the
school leader
identifies external
forces that might
challenge or support
instructional programs
and student
achievement and
communicates this
information to the
community.
There is clear, convincing, and consistent
evidence that the school leader identifies
external forces that might challenge or
support instructional programs and
student achievement, communicates this
information to the community, and
collaborates to assess the impact of these
forces and plans accordingly.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1134 PROPOSED REGULATIONS
An Involvement of all
Stakeholders
There is little or no
evidence that the
school leader
involves any
stakeholder in
communicating
changes in the
environment that
might impact the
operation of the
school.
There is limited
evidence that the
school leader
involves some
stakeholders in
communicating
changes in the
environment that
might impact the
operation of the
school.
There is clear
evidence that the
school leader
communicates with
appropriate
stakeholders about
changes in the
environment that
might impact the
operation of the
school and about how
school programs are
impacted.
There is clear, convincing, and consistent
evidence that the school leader
continuously involves appropriate
stakeholders in communicating any
changes in the environment that might
impact the operation of the school. In
addition, the leader provides
opportunities for members of the
community to engage in a dialogue about
these changes and adjust plans in light of
them.
A Demonstration of
Ethical Behavior
There is little or no
evidence that the
school leader
communicates
changes in the
environment in an
open, honest way
that is accessible to
all.
There is limited
evidence that the
school leader
communicates
changes in the
environment in an
open and honest way
that is accessible to
all the diverse
community groups.
There is clear
evidence that the
school leader
periodically
communicates
changes in the
environment in an
open and honest way
that is accessible to all
diverse community
groups.
There is clear, convincing, and consistent
evidence that the school leader
communicates changes in the
environment on an ongoing basis that is
readily accessible to all diverse
community groups in a manner that is
honest, ethical, and unbiased.
(c) ETS (Reprinted by permission of Educational Testing 3.1.1.6.3 Component 6c: Working
Service, the copyright owner) Within Policies, Laws, and Regulations
LEVEL OF PERFORMANCE
Central Themes* Rudimentary Developing Proficient Accomplished
A Vision for
Success
Thee is little or no evidence
that the school leader
considers any policies, laws,
or regulations that govern the
operation of the school to
support the vision of the
school.
There is limited evidence that
the school leader is familiar
with the policies, laws, and
regulations that govern the
operation of the school, or
uses this information to
support the vision of the
school.
There is clear evidence that the
school leader is aware of the
policies, laws, and regulations
that govern the operation of the
school and takes appropriate
measures to be sure the school
adheres to these governances to
support the vision of the school.
There is clear, convincing, and
consistent evidence that the school
leader is highly knowledgeable
about the policies, laws, and
regulations that govern the operation
of the school and uses this
knowledge to further promote,
support, and enhance the vision of
the school.
A Focus on
Teaching and
Learning
There is little or no evidence
that the school leader uses
knowledge of policies, laws,
or regulations that govern the
school to bring about any
positive change in teaching
and learning.
There is limited evidence that
the school leader has an
understanding of how policies,
laws, and regulations that
govern the school can be used
to bring about positive change
in teaching and learning.
There is clear evidence that the
school leader is aware of
policies, laws and regulations
that govern the school and has
used this information to bring
about some positive change in
teaching and learning.
There is clear, convincing, and
consistent evidence that the school
leader is knowledgeable about the
policies, laws, and regulations that
govern the school and uses this
knowledge to bring about
significant, positive change in
teaching and learning that impacts
all student groups.
An Involvement of
all Stakeholders
There is little or no evidence
that the school leader
collaborates with stakeholders
within the structure of the
policies, laws, and regulations
that govern the school, or
ensures that stakeholders
operate only within the limits
of those regulations.
There is limited evidence that
the school leader collaborates
with stakeholders within the
structure of the policies, laws,
and regulations that govern the
school and ensures that
stakeholders operate only
within the limits of those
regulations.
There is clear evidence that the
school leader collaborates with
appropriate stakeholders within
the structure of the policies,
laws, and regulations that govern
the school and attempts to ensure
that all stakeholders operate only
within the limits of those
regulations.
There is clear, convincing, and
consistent evidence that the school
leader collaborates with appropriate
stakeholders within the structure of
the policies, laws, and regulations
that govern the school and ensures
that all stakeholders operate only
within the limits of those
regulations.
A Demonstration of
Ethical Behavior
There is little or no evidence
that the school leader abides
by the spirit or the intent of
policies, laws, and regulations
that govern the school and
society.
There is limited evidence that
the school leader abides by the
spirit, as well as the intent, of
policies, laws, and regulations
that govern the school and
society.
There is clear evidence that the
school leader abides by the
spirit, as well as the intent, of
policies, laws, and regulations
that govern the school and
society.
There is clear, convincing, and
consistent evidence that throughout
the year, the school leader abides by
the spirit, as well as the intent, of
policies, laws and regulations that
govern the school and society, and
inspires others to that same
behavior.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1135
(c) ETS (Reprinted by permission of Educational Testing Communicating with Decision-Makers Outside the School
Service, the copyright owner) Community - Component Performance Table
3.1.1.6.4 Component 6d:
LEVEL OF PERFORMANCE
Central Themes* Rudimentary Developing Proficient Accomplished
A Vision for
Success
There is little or no evidence
that the school leader makes
any efforts to make decisionmakers
outside the school
aware of the vision of the
school.
There is limited evidence that
the school leader makes
decision-makers outside the
school aware of the vision of
the school.
There is clear evidence that the
school leader has established a
dialogue with decision-makers
outside the school and makes
them aware of the vision of the
school.
There is clear, convincing and
consistent evidence that the school
leader has established an ongoing
dialogue with decision-makers
outside the school, shares with them
the vision of the school and how they
can support and shape it.
A Focus on
Teaching and
Learning
There is little or no evidence
that the school leader makes
any attempt to communicate
with decision-makers outside
the school concerning the
efforts of teachers and students.
There is limited evidence that
the school leader provides
information to decision-makers
outside the school concerning
the efforts of teachers and
students.
There is clear evidence that the
school leader has provided
information to decision-makers
outside the school concerning the
efforts of teachers and students
and discusses with these decisionmakers
how they can influence
and improve instruction and
student performance.
There is clear, convincing, and
consistent evidence that the school
leader has established an ongoing
dialogue with decision-makers
outside the school concerning the
efforts of teachers and students and
how these decision-makers can
effectively influence and improve
instruction and student performance.
An Involvement of
all Stakeholders
There is little or no evidence
that the school leader makes
any attempts to collaborate
with any stakeholder to form
networks with decision-makers
outside the school.
There is limited evidence that
the school leader collaborates
with stakeholders in an attempt
to form networks with
decision-makers outside the
school.
There is clear evidence that the
school leader collaborates with
appropriate stakeholders to form
networks with decision-makers
outside the school for the
improvement and support of
teaching and learning.
There is clear, convincing, and
consistent evidence that the school
leader collaborates throughout the
school year with appropriate
stakeholders, forming networks
designed to facilitate effective
communication with decision-makers
outside the school for the
improvement and support of teaching
and learning.
A Demonstration
of Ethical Behavior
There is little or no evidence
that the school leader's
communications with decisionmakers
outside the school is
open or honest.
There is limited evidence that
the school leader's
communications with decisionmakers
outside the school is
open or honest.
There is clear evidence that the
school leader communicates
openly and honestly with
decision-makers outside the
school in support of the success of
all students.
There is clear, convincing, and
consistent evidence that the school
leader communicates openly and
honestly with decision-makers
outside the school in support of the
success of all students. Further, the
school leader provides these decisionmakers
guidance in understanding the
purpose of education and how their
actions impact the school.
(c) ETS (Reprinted by permission of Educational Testing
Service, the copyright owner)
3.1.2 Domain 2: Assessment on Goals and
Priorities provides an assessment of progress on goals which
connect to the standards, are organizationally grounded and
emphasize the contributions of the leader, are anchored in
analysis of data, and which are mutually established by the
administrator and the evaluator.
3.1.2.1 The evaluator and the administrator
will meet to establish, and agree upon, the number and
substance of the goals the administrator will focus on for the
year. They will agree upon a target performance for each
goal, and what levels of performance constitute
"unsatisfactory", "basic", "proficient", or "distinguished" for
each goal. The agreed upon goals and target performances
shall constitute Domain 2, which will be unique for each
administrator. In the event that the evaluator and the
administrator are unable to agree upon the goals and target
performances for Domain 2, the evaluator will establish
goals and target performances for the administrator.
3.1.2.2 Domain 2: Assessment on Goals and
Priorities
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1136 PROPOSED REGULATIONS
LEVEL OF PERFORMANCE
Unsatisfactory Basic Proficient Distinguished
2a
District Goals and Priorities
There is no evidence
that the administrator's
goals and professional
development activities
are aligned to district
goals and
superintendent/ Board
priorities.
There is limited or
unclear evidence that
the administrator's
goals and professional
development activities
are aligned to district
goals and
superintendent/ Board
priorities.
There is clear and
convincing evidence
that the administrator's
goals and professional
development activities
are aligned to district
goals and
superintendent/
Board priorities.
Application of skills
and knowledge in this
area are clearly visible.
There is clear, convincing, and consistent
evidence that the administrator's goals and
professional development activities are
aligned to district goals and superintendent/
Board priorities. Application of skills and
knowledge in this area are clearly visible.
Administrator sets goals in collaboration
with others and articulates them to the staff
and community.
2b
Goals & Priorities of the
Administrator
The goals and targets
established at the
beginning of the
evaluation cycle were
not met. The targets
fell well below those
established by the
evaluator and the
administrator
The goals and targets
established at the
beginning of the
evaluation cycle were
partially met. The
targets fell below those
established by the
evaluator and the
administrator.
The goals and targets
established at the
beginning of the
evaluation cycle were
fully met. The targets
met those established
by the evaluator and the
administrator.
The goals and targets established at the
beginning of the evaluation cycle were fully
met. The targets exceeded those
established by the evaluator and the
administrator
3.1.3 Domain 3: Assessment on the School or
District Improvement Plan provides an assessment of the
extent to which a school or district reaches important goals
in the improvement plan.
3.1.3.1 At the beginning of the evaluation
cycle, the evaluator and the administrator will meet to
review the school or district improvement plan. During that
meeting, the evaluator and the administrator will identify
specific goals and targets for the administrator with respect
to the improvement plan and those aspects of the
improvement plan where the achievement of those goals and
targets is within the administrator's direct influence, or
control. The agreed upon goals and target performances
shall constitute Domain 3, which will be unique for each
administrator. In the event that the evaluator and the
administrator are unable to agree upon the goals and target
performances for the Domain 3, the evaluator will establish
goals and target performances for the administrator.
3.1.3.2 Domain 3: Assessment on the
School or District Improvement Plan
LEVEL OF PERFORMANCE
Unsatisfactory Basic Proficient Distinguished
3a
School or District
Improvement Plan
There is no evidence
that the administrator
had any influence,
implicit or explicit, on
the accomplishment of
the school or district
improvement plan
goals.
There is limited or
unclear evidence that
the administrator had
any influence, implicit
or explicit, on the
accomplishment of the
school or district
improvement plan
goals.
There is clear and
convincing evidence that
the administrator had
influence, both implicit
and explicit, on the
accomplishment of the
school or district
improvement plan goals,
and that a limited group
was engaged with the
administrator in planning.
There is clear, consistent and convincing
evidence that the administrator had significant
influence, both implicit and explicit, on the
accomplishment of the school or district
improvement plan goals. The administrator
used the skills and knowledge in relation to the
improvement and has worked in collaboration
with staff and community, and articulated the
design to the staff and community.
3b
Unique School or District
Conditions
There is no evidence
that the administrator
identified goals that
focus on the school's or
district's unique needs,
challenges and
opportunities.
There is limited or
unclear evidence that
the administrator
identified goals that
focus on the school's or
district's unique needs,
challenges and
opportunities.
There is clear and
convincing evidence that
the administrator
identified goals that focus
on the school's or
district's unique needs,
challenges and
opportunities, and has
used these goals to
inform educational
decisions.
There is clear, convincing and consistent
evidence that the administrator identified goals
that focus on the school's or district's unique
needs, challenges and opportunities. The
administrator has addressed the goals
collaboratively with others and articulates
decisions/solutions to staff and community.
performance based on data from the DSTP, and student
3.1.4 Domain 4: Assessment on Measures of achievement in other areas. In the fall of the evaluation
Student Improvement provides an assessment of student cycle, the administrator and the evaluator will meet to
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1137
discuss the student improvement domain. Each party will components of the domain.
bring data to inform the process of mutually establishing 3.1.4.1 Domain 4: Student Improvement
performance objectives and the criteria for defining success
in achieving those objectives in each of the three
LEVEL OF
PERFORMANCE
Unsatisfactory Basic Proficient Distinguished
4a
Uses data from the DSTP
School Accountability
Performance Rating to help
educators make instructional
decisions
The DSTP I and II school
accountability performance rating
did not meet the targets established
at the beginning of the evaluation
cycle. The scores fell well below the
targets established by the evaluator
and the administrator.
The DSTP I and II school
accountability performance
rating partially met the
targets established at the
beginning of the evaluation
cycle. The scores fell below
the targets established by
the evaluator and the
administrator.
The DSTP I and II school
accountability performance
rating fully met the targets
established at the beginning
of the evaluation cycle. The
scores met the targets
established by the evaluator
and the administrator.
The DSTP I and II school
accountability performance
rating exceeded the targets
established at the beginning
of the evaluation cycle. The
scores exceeded the targets
established by the evaluator
and the administrator.
4b
Other Measures of Student
Improvement
Other measures of student
achievement did not meet the
targets established at the beginning
of the evaluation cycle. The
evidence provided by the other
measures fell well below the targets
established by the evaluator and the
administrator.
Other measures of student
achievement did not meet
the targets established at
the beginning of the
evaluation cycle. The
evidence provided by the
other measures fell below
the targets established by
the evaluator and the
administrator.
Other measures of student
achievement met the targets
established at the beginning
of the evaluation cycle. The
evidence provided by the
other measures met the
targets established by the
evaluator and the
administrator.
Other measures of student
achievement met the targets
established at the beginning
of the evaluation cycle. The
evidence provided by the
other measures exceeded the
targets established by the
evaluator and the
administrator.
4c
Demonstrates an awareness
of, and attention to,
differences in achievement
There is little, or flawed, evidence
that the administrator is aware of,
and attentive to, differences in
student achievement.
There is limited evidence
that the administrator is
aware of, and attentive to,
differences in student
achievement.
There is clear and
convincing evidence that
the administrator is aware
of, and attentive to,
differences in student
achievement and uses
disaggregated data to
inform instruction.
There is clear, convincing,
and consistent evidence that
the administrator is aware of,
and attentive to, differences in
student achievement and uses
disaggregated data to involve
staff and parents in strategies
for future improvement.
3.2 Pursuant to 14 Del. C. § 1270(c), mitigating factors,
including student absence, student mobility, student chronic
noncompliance with school rules, chronic failure by parents
to abide by the Parents' Declaration of Responsibilities, and
other factors that may adversely affect an administrator's
evaluation which include, but are not limited to,
environmental disruptions over which the administrator has
no control, an external event, such as the death or serious
injury of a student, which impacts the school or district, as
may be jointly agreed upon by the administrator and the
evaluator, must be taken into consideration in rating Domain
4, amd must be included in any discussion between the
evaluator and the administrator. Scores of students who are
impacted by any of the above mitigating factors are
eliminated from consideration of an administrator's
performance on Domain 4.
3.3 Each component within a domain shall be weighted
equally in determining an overall rating for an administrator.
Using a set of scoring guides, each domain will be rated
"distinguished", "proficient", "basic", or "unsatisfactory".
An annual summative evaluation shall be completed for
each administrator and shall result in a rating of
"distinguished", "proficient", "basic", or "unsatisfactory" for
each domain and an overall rating of performance.
3.3.1 A rubric shall be used to rate each domain,
as well as to derive the overall rating of the DPAS II
evaluation.
3.3.1.1 Distinguished: Administrators at this
level are master educational leaders and make a contribution
to the field, both in and outside their school and district.
3.3.1.2 Proficient: The administrator clearly
understands the concept underlying the domain and
implements it well.
3.3.1.3 Basic: The administrator appears to
understand the concepts underlying the domain and attempts
to implement its elements. Implementation is sporadic,
intermittent, or otherwise not entirely successful.
3.3.1.4 Unsatisfactory: The administrator
does not yet appear to understand the concepts underlying
the domain.
3.4 Summative Domain Ratings -- Administrators shall
receive an overall rating, annually, of "distinguished",
"proficient", "basic", or "unsatisfactory". Such rating shall
be a summative rating, arrived at in accordance with the
procedures for annual summative evaluation form, based on
ratings on all four domains over the year.
3.5 Overall performance on a Summative Evaluation.
3.5.1 Distinguished Performance on a
Summative Evaluation - The administrator receives four
distinguished ratings among the four domains of the
summative evaluation.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1138 PROPOSED REGULATIONS
3.5.2 Proficient Performance on a Summative
Evaluation - The administrator receives no unsatisfactory
ratings, and no more than one basic rating among the four
domains of the summative evaluation and does not meet the
criteria for a distinguished rating.
3.5.3 Basic Performance on a Summative
Evaluation - The administrator receives at least four basic or
higher ratings and no unsatisfactory ratings among the four
domains under the summative evaluation and does not meet
the criteria for a rating of proficient or distinguished.
3.5.4 Unsatisfactory Performance on a
Summative Evaluation - The administrator receives one or
more unsatisfactory ratings in the four domains of the
summative evalution.
3.5.5 Summative Evaluation Scoring Guide
3.5.5.1 Evaluators use the summative
evaluation scoring guide set forth below to derive an overall
summative rating for the administrator evaluation.
4 0 0 0 Distinguished
3 1 0 0 Proficient
3 0 1 0 Proficient
2 2 0 0 Proficient
2 1 1 0 Proficient
1 3 0 0 Proficient
0 3 1 0 Proficient
3 0 1 0 Basic
2 0 2 0 Basic
1 2 1 0 Basic
1 1 2 0 Basic
1 0 3 0 Basic
0 2 2 0 Basic
0 0 4 0 Basic
0 1 3 0 Basic
2 0 1 1 Unsatisfactory
1 0 2 1 Unsatisfactory
1 2 0 1 Unsatisfactory
1 1 1 1 Unsatisfactory
1 1 0 2 Unsatisfactory
0 2 1 1 Unsatisfactory
0 2 0 2 Unsatisfactory
1 0 1 2 Unsatisfactory
0 1 2 1 Unsatisfactory
0 1 1 2 Unsatisfactory
0 1 0 3 Unsatisfactory
1 0 0 3 Unsatisfactory
0 0 3 1 Unsatisfactory
0 0 2 2 Unsatisfactory
0 0 1 3 Unsatisfactory
0 0 0 4 Unsatisfactory
3.6 Pattern of Ineffective Administration
3.6.1 An administrator receives a
summative evaluation with an overall rating of
unsatisfactory performance for a period of two consecutive
years.
4.0 Procedures for Novice Administrators.
4.1 Administrators who are in the first three years in a
given role will complete the self evaluation twice each year,
once by November 30 and once by April 30. The rubric
survey for Domain 1 will be completed in the same time
periods by those the administrator directly supervises. In the
case of a building level administrator, the survey will be
completed by all teachers directly supervised by the
administrator. In the case of a district level administrator,
the administrator and his/her supervisor shall jointly identify
those individuals who will complete the rubric survey. An
annual goal setting conference during which the
administrator and his/her supervisor establish goals, identify
evidence that will be used to make judgments, and agree
upon criteria by which achievement will be measured, will
take place in the early fall of the year. In the event that there
is lack of agreement on the goals and targets, the evaluator
will make the final determination. The administrator and the
supervisor shall hold a minimum of two conferences during
the school year to review progress toward goals and
objectives, and either the administrator or the supervisor
may request additional conferences, as necessary. A
formative evaluation conference form shall be completed
during each conference, and signed by both the administrator
and the evaluator. The supervisor will observe the
administrator at least twice each year to gather data to inform
the evaluator on the administrator's performance on the
domains.. An annual summative evaluation shall be
completed for each administrator in the first three years in a
given role, and shall result in a rating for each domain and an
overall performance rating of "distinguished", "proficient",
"basic", or "unsatisfactory". The administrator may submit
a summative evaluation response form within ten days of
receipt of the evaluation, which shall be appended to the
summative evaluation.
5.0 Procedures for Experienced Administrators.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1139
5.1 Experienced administrators, those who have three
or more years in a role shall complete the self evaluation
twice each year, once by November 30 and once by April 30.
The rubric survey for Domain 1 will be completed in the
same time periods by those the administrator supervises. In
the case of a building level administrator, the survey will be
completed by all teachers directly supervised by the
administrator. In the case of a district level administrator,
the administrator and his/her supervisor shall jointly identify
those individuals who will complete the rubric survey. An
annual goal setting conference during which the
administrator and his/her supervisor establish goals, identify
evidence that will be used to make judgments, and agree
upon criteria by which achievement will be measured, will
take place in the early fall of the year. In the event that there
is lack of agreement on the goals and targets, the evaluator
will make the final determination The administrator and the
supervisor shall hold a minimum of two conferences during
the school year to review progress toward goals and
objectives, and either the administrator or the supervisor
may request additional conferences, as necessary. A
formative evaluation confrence form shall be completed
during each conference, and signed by both the administrator
and the evaluator. The supervisor will observe the
administrator at least twice each year to gather data to inform
the evaluator on the administrator's performance on the
domains. An annual summative evaluation shall be
completed for each administrator in the first three years in a
given role, and shall result in a rating for each component
and an overall performance rating of "distinguished",
"proficient", "basic", or "unsatisfactory". The administrator
may submit a summative evaluation report response form
within ten days of receipt of the evaluation, which shall be
appended to the summative evaluation.
6.0 Evaluators and administrators being evaluated shall sign
all evaluation forms indicating that the documents have been
reviewed.
7.0 Experienced administrators who receive a rating of
"proficient" or "distinguished" may be granted a waiver
from the required one year cycle. When a waiver is granted,
prescribed rubric surveys, goal setting conferences and
observations set forth in 5.0 shall be conducted over a two
year period, beginning in the fall of the school year
immediately after the waiver is granted and concluding in
the spring of the following school year.
8.0 The goal of an assistance plan is to provide a structured
vehicle to assist an administrator whose performance is
unsatisfactory to improve performance to a proficient level.
An assistance plan shall be developed for any administrator
whose performance is rated "unsatisfactory"or "basic" on
any domain of DPAS II for Administrators or whose overall
rating on the annual summative evaluation is rated
"unsatisfactory" or "basic" on any domain of DPAS II for
Administrators or whose overall rating on the annual
summative evaluation is rated "unsatisfactory" or "basic" or
receives a score of less than eight. The criteria set forth in an
assistance plan must be designed to result in an overall
summative rating of "proficient" at the conclusion of the
assistance plan.
8.1 Assistance plans must include the following:
8.1.1 Definition of the specific deficiencies,
which must be stated in terms of DPAS II rubrics for
evaluating the identified domain(s).
8.1.2 Measurable goals for improving the
deficiencies to satisfactory levels. All goals must be directly
linked to the Delaware Administrator Standards and DPAS
II rubrics.
8.1.3 Clear and specific professional
development activities (i.e., intervention strategies that relate
to the goals and objectives).
8.1.4 Resources for each professional
development activity must be identified and made accessible
to the administrator. Such resources may include, but are not
limited to, opportunities for the administrator to work with
mentors, curriculum specialists, and experienced
administrators to implement the assistance plan.
8.1.5 Evidence that must be provided and
behaviors that must be demonstrated at the end of the plan.
These expectations must be stated in terms of DPAS II
rubrics for evaluating the identified domain(s).
8.1.6 Procedures for evaluating and
documenting improvement.
8.1.7 Timelines, including intermediate progress
check-points and a final completion date, must be specified.
These dates may be adjusted by mutual agreement of the
administrator and the evaluator during the assistance plan
process.
8.1.8 A record of judgment of satisfactory or
unsatisfactory completion of the assistance plan and the date
completed, signed by the administrator and the evaluator. In
the event that a judgment of unsatisfactory completion is
made, follow-up procedures shall be set forth by the
evaluator to address the administrator's continued
deficiencies.
8.2 Assistance plan process. There is an expectation of
mutual development by the evaluator and the administrator
of the assistance plan. Both the evaluator and the
administrator complete a preliminary assistance plan, which
they meet to review and develop a final, mutually agreed
upon plan. In the event that consensus cannot be reached
between the evaluator and the administrator, the evaluator
will develop the assistance plan, which the administrator
must follow.
9.0 School districts and charter schools shall follow the
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1140 PROPOSED REGULATIONS
procedures and use forms and software developed by the
Department for implementation of DPAS II.
10.0 Challenge Process: A administrator may challenge
the fairness of the evaluation process and the conclusions
reached in the DPAS II evaluation.
10.1 A challenge applies to all challenges brought
by both novice and experienced administrators.
10.1.1 An administrator may initiate a challenge
by filing a DPAS II challenge form with the evaluator within
10 calendar days of receiving the written evaluation. The
challenge shall set forth the grounds for the challenge in
reasonable detail and shall identify the remedy sought.
10.1.2 Within 10 calendar days of receipt of the
challenge form, the evaluator shall provide a written
response and, if the remedy is granted, the revised evaluation
document shall replace the challenged document. If the
remedy sought is denied, the evaluator must state the reasons
for the denial.
10.1.3 If the administrator is not satisfied with the
decision of the evaluator, he/she may forward the challenge
form and supporting documentation to the district
superintendent or charter school administrator or designee
for review. The superintendent or charter school
administrator or his/her designee shall be a trained, certified
evaluator and shall not be a building level administrator in
the same building as the administrator who filed the
challenge.
10.1.4 Within 10 calendar days of receipt of the
challenge form and supporting documentation, the district
superintendent or charter school administrator or designee
shall provide a written response either supporting or not
supporting the challenge. If the remedy sought is granted,
the revised evaluation document replaces the challenged
document.
10.1.5 If the superintendent is the evaluator, the
provisions set forth in 10.1.3 and 10.1.4 above do not apply.
10.1.6 The decision of the district superintendent
or charter school administrator or designee shall be final.
11.0 Evaluators must be credentialed in accordance with
regulations for credentialing for evaluators promulgated by
the Standards Board and administered by the Department.
Prior to conducting evaluations, evaluators must provide
evidence of satisfactory completion of the specified training
program and shall demonstrate competency as evaluators.
Credentialing as an evaluator is renewable every five years.
Members of local school boards who engage in the
evaluation of the superintendent shall participate in the
appropriate training program and shall be credentialed in
order to conduct the evaluation of the superintendent.
12.0 Pilot of the Delaware Performance Appraisal
System II.
12.1 The Delaware Performance Appraisal System
II is a comprehensive system of evaluation and quality
assurance for educators. It represents current research and
best practice. A pilot will be conducted during the 2003-04
school year to determine:
12.1.1 The effectiveness and adequacy of the
training.
12.1.2 The application of the evaluation process.
12.2 The pilot will take place in a minimum of three
school districts, one in each county. In order to gather
sufficient data from the pilot, a pilot district must agree to
participate with all schools and all educators, including
teachers, specialists and administrators.
12.3 The Department shall provide training in the
evaluation process for all administrators in the pilot districts
prior to the implementation of the pilot.
12.4 The Department shall collect data from the
participating school districts on the effectiveness of the
training and of the efficiency and effectiveness of the
evaluation process, including the demands of time on both
the evaluators and the teachers. Data will be collected from
the pilot districts at least twice during the pilot period. No
later than June 1, 2004, data collected will be analyzed by
the Department to determine modifications and/or revisions
to the system to be recommended to the Standards Board
prior to statewide implementation.
13.0 DPAS II will be implemented in all school districts and
charter schools in September, 2004.
13.1 Prior to implementation, the Department shall
provide training for all administrators in the evaluation
process. Such training will include training in any
modifications made as a result of the pilot.
13.2 The Department shall implement a monitoring
system for DPAS II to ensure that on-going training is
provided to new teachers and evaluators, that all evaluators
are properly trained and credentialed, and to ensure that all
districts and charter schools are employing DPAS II in
accordance with this regulation.
DEPARTMENT OF HEALTH AND
SOCIAL SERVICES
DIVISION OF PUBLIC HEALTH
Statutory Authority: 16 Delaware Code,
Section 122(3)(c) (16 Del.C. §122(3)(c))
PUBLIC NOTICE
These proposed regulations, "Regulations Governing
Public Drinking Water Systems," will replace by revision the
current "Regulations Governing Public Drinking Water
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1141
Systems," previously adopted May 14, 1971 and most
recently amended May 10, 2002
Nature Of Proceedings
The Department is proposing to adopt new U.S.
Environmental Protection Agency (EPA) requirements for
public drinking water systems. The new requirements
include the Lead/Copper Rule Minor Revisions, the Filter
Backwash and Recycle Rule, the Radionuclides Rule and
additional requirements of the Arsenic Rule. The
Department is also setting proficiency testing requirements
for laboratories that conduct drinking water analyses for
public drinking water systems. The Department is requiring
that any major sanitary defects noted during sanitary surveys
must be corrected within 45 days. In addition, the
Department would like to take comment on how best to
establish regulatory limits for interim health effect levels for
unregulated contaminants.
Notice Of Public Hearing
The Office of Drinking Water, under the Division of
Public Health, Department of Health and Social Services
(DHSS), will hold a public hearing to discuss proposed
revisions to the "State of Delaware Regulations Governing
Public Drinking Water Systems." The public hearing will be
held on April 1, 2003 at 4:00 PM in the Emergency
Preparedness Training Center, Suite 4-g, Blue Hen
Corporate Center, 655 S. Bay Road, Dover, Delaware.
Copies of the proposed regulations are available for
review by calling the following location:
Office of Drinking Water
Blue Hen Corporate Center, Suite 203
655 Bay Road
Dover, DE 19901
Telephone: (302) 739-5410
Anyone wishing to present his or her oral comments at
this hearing should contact Mr. Edward Hallock at (302)
739-5410 by March 28, 2003. Anyone wishing to submit
written comments as a supplement to or in lieu of oral
testimony should submit such comments by April 4, 2003:
Dave Walton, Hearing Officer
Division of Public Health
PO Box 637
Dover, DE 19903
PLEASE NOTE: DUE TO THE SIZE OF THE PROPOSED
REGULATION ONLY A SUMMARY IS BEING PRINTED HERE.
THE FULL TEXT IS AVAILABLE FROM EITHER THE DIVISON
OF PUBLIC HEALTH OR THE REGISTRAR'S OFFICE.
ADOBE ACROBAT PDF VERSION:
Regulations Governing Public Drinking Water Systems
Summary of changes to Regulations Governing Public
Drinking Water Systems
22.1 Definitions - Slight modification to definitions for
point-of-entry and point-of-use treatment devices. (pg 7)
Modification to definition of Subpart H system. (pg 10)
22.211 Plans and Specifications - Clarification that
plans and specifications for alterations to existing water
systems must be submitted by a professional engineer. (pg
18)
22.214 Certified Laboratory - Sections have been added
to clarify the lab certification process, annual proficiency
testing and reporting requirements. (pg 19)
22.215 Quality - Sets interim health effects levels for
unregulated contaminants. (pg 20)
22.216 Required Sampling, Monitoring or Analysis -
Modified this section to establish that the Division along
with the U.S. EPA can treat consecutive PWSs as a single
water system for purposes of monitoring. (pg 21)
22.302 Sanitary Surveys - Adding requirement that
major defects must be corrected within 45 days of being
notified. (pg 21)
22.407 and 22.408:Certification and Submission to the
Division have been added to meet requirements of the public
notice rule. These sections require water supply owners to
submit certification that they have complied with the public
notice requirements and send that certification to the
Division within 10 days. 22.408 requires water supply
operators to submit any requested information to the
Division, in the time noted on the request, any information
we are entitled to under the SDWA and Delaware law. (pg
24)
22.412(E)(3)(M) and (N) revisions to health effects
language for Di(2-ethylhexyl)adipate and Di(2ethylhexyl)
phthalate. (pg 34)
22.413(A) Revisions to the table of violations that added the
FBRR violations and uranium. (pg 42)
22.426 Uranium added to table for converting MCLs to
CCR units. (pg 58)
22.427 Uranium added to table of sources of
contaminants. (pg 60)
22.601(D) Arsenic - clarifies that compliance
determination for arsenic is the same as other inorganic
compounds and the MCL is 0.05 mg/L until January 23,
2006. (pg 72)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1142 PROPOSED REGULATIONS
22.602 Sampling and Analytical Requirements - Added
arsenic into list of inorganic compounds for monitoring
purposes. (pg 72-77)
22.607 Lead/Copper rule minor revisions. (pg 80-131)
Changes include the following:
22.607(B) Corrosion Control treatment - updates when
a system is deemed to be in compliance with corrosion
control treatment requirements.
22.607(C) Description of Corrosion Control Treatment
Requirements - updates requirements for complying with
corrosion control treatment.
22.607(E) Lead Service Line Replacements - specifies
requirements for lead service line replacement.
22.607(F) Public Education and Supplemental
Monitoring - Sets new requirements for public education by
making distinctions in the requirements for non-community,
small and large public water systems.
22.607(G) Monitoring Requirements for Lead and
Copper in Tap Water - Clarifies the monitoring
requirements for tap sampling by noting that:
The minimum number of samples must be collected even if
it means sampling the same tap on different days.
Allows for invalidation of samples by the Division under
certain conditions and notes replacement samples must be
collected within 20 days.
Specifies that if a homeowner collects the sample the water
system cannot invalidate that sample.
Allows for a system to go to reduced monitoring more
quickly if it meets certain criteria.
Provides for full (both lead and copper) or partial (lead or
copper) waivers up to nine years under certain conditions.
22.607(H) Monitoring requirements for Water Quality
Parameters - Clarifies requirements for monitoring for water
quality parameters after a system exceeds the action level for
either lead or copper.
22.607(I) Monitoring Requirements for Lead and
Copper in Source Water - clarifies requirements for
monitoring for lead and copper in source water.
22.607(J) Reporting Requirements - Clarifies reporting
requirements by specifying what requests and decisions must
be put in writing.
22.607(L) Analytical Methodology - Adopts analytical
requirements by reference to the CFR.
22.612 Sampling, Analytical Requirements and
Compliance Determination for VOCs and SOCs - Clarifies
that compliance is determined by monitoring at distribution
entry points and that if one entry is determined to exceed the
MCL then the entire system is out of compliance. (pg 133)
22.62 BATs - identifies the best available technologies
for arsenic and adds a section on small systems compliance
technologies for small systems. (pg 148)
22.804 Sampling, analytical Requirements, and Compliance
Determinations for Disinfectant Residuals, Disinfection
Byproducts, and Disinfection Precursors - Correct citation
for Subpart M in Section (F)(5) to read 61 FR 24368, May
14, 1996 and add provision in (G)(1)(d) that allows systems
to return to routine monitoring after one year of TTHM and
HAA5 levels at or below 1/2 of the MCL. (pg 154)
22.805 Compliance Requirements - section (B)(1)(b)
clarification on calculating compliance with TTHMs and
HAA5s. (pg 159)
22.9 Radioactivity - This section has been replaced in
its entirety with the new radionuclide rule. The new rule
includes MCLs for uranium (15 pCi/L) and beta particle and
photon radioactivity (Average annual dose equivalent not to
exceed 4 mrem/year) BATs for small system compliance has
been included along with a list of compliance technologies.
The rule will still only apply to community water systems.
(pg 168-181)
22.913 Variance and Exemption - variance and
exemption criteria have been established for small systems.
22.92 Monitoring frequency and compliance
requirements - establishes monitoring requirements for
systems that will go from once every four years to once
every three years. This will bring the radionuclide
monitoring into the standard monitoring framework that
other contaminants are monitored under.
22.1012 Recycle Provisions - the filter backwash and
recycle rule has been added to the surface water treatment
rule section. (pg 195) Numerous corrections made to
citations within the document.
DIVISION OF PUBLIC HEALTH
Statutory Authority: 16 Delaware Code,
Section 122(1) & (3)d & j (16 Del.C. §122(1) &
(3)d & j )
PUBLIC NOTICE
These regulations, "State of Delaware Regulations
Governing Public Pools," replace by revision the current
"State of Delaware Regulations Governing Public Pools"
previously adopted on May 22, 1958 and most recently
amended April 22, 1997.
Nature Of Proceedings
The proposed changes in the "State of Delaware
Regulations Governing Public Pools" cover three main
areas. First, any pools that share the same recirculation/
filtration/disinfection system must have separate systems for
each pool within three years. Second, any pool that is a
maximum of four feet deep can be monitored by an attendant
instead of a lifeguard. Finally, an approved pool operator
must monitor all pools. This proposed change will require
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1143
that each pool facility have a copy of the Division of Public
Health certificate, issued to their approved operator,
available for viewing by representatives of the Division.
Also, the proposed changes include minor wording changes
for the purpose of clarification along with the deletion of
language that is either redundant or unnecessary.
Notice Of Public Hearing
The Health Systems Protection Section, Division of
Public Health of the Department of Health and Social
Services, will hold a public hearing to discuss the proposed
changes to the State of Delaware Regulations Governing
Public Pools. This public hearing will be held on March 28,
2003 at 1:30 PM in the 3rd floor conference room of the
Jesse Cooper Building, located on Federal and Water Streets,
Dover, Delaware.
Copies of the proposed revisions are available for
review by contacting:
Health Systems Protection Section
Jesse Cooper Building
417 Federal Street
Dover, Delaware 19901
Telephone: (302) 744-4546
Anyone wishing to present his or her oral comments at
this hearing should contact Mike Joyce at (302) 739-5410 by
close of business March 26, 2003. Anyone wishing to
submit written comments as a supplement to, on in lieu of,
oral testimony should submit such comments by close of
business March 31, 2003 to:
David Walton, Hearing Officer
Division of Public Health
P.O. Box 637
Dover, DE 19903-0637
Regulations Governing Public Pools
SECTION 26.1 DEFINITIONS
26.101 "Approved" means acceptable to the Division,
unless stated otherwise, based on its determination as to
conformance with appropriate standards and good public
health practices.
26.102 "Approved Pool Operator" means a person
who is at least eighteen (18) years of age and has
successfully completed a pool operator-training course that
is approved by the Division.
26.103 "Attendant" means a person who meets the
training requirements of the Division specified in Section
26.707.
26.104 "Attendant on Duty" means an attendant who
is either at poolside or in the pool (special situations),
visually guarding the life of the bathers. An attendant on
duty shall not be assigned other duties that will distract his/
her attention from proper observation of the bathers, or
prevent the rendering of immediate assistance to someone in
distress. All attendants on duty should be identified by
emblems or distinguishing apparel. In facilities with a spa
pool(s) (SpP) only it means an attendant who is on the
premises and can be easily located and summoned to render
assistance to someone in distress. If the attendant is not in
direct view of the spa pool when it is open, he/she shall be
located such that the poolside alarm required by Section
26.719 can be easily heard.
26.105 "Beneficial Owner" means an ownership
interest in the entity owning the pool through direct
ownership of the real property where the pool is located,
direct ownership of stock in a stock corporation owning the
real property where the stock represents an equity interest in
the corporation, or direct ownership through being a member
in a limited liability company (L.L.C.) or a partner in a
partnership owning the real property upon which the pool is
placed.
26.106 "Competitive Diving" means either the
training of divers or an actual diving competition among
trained divers, which is sanctioned by the Federation
Internationale de Natation Amateur (FINA), the National
Collegiate Athletic Association (NCAA), the National
Federation of State High School Associations (NFSHSA) or
United States Diving Inc. (USD). The institution which is
sponsoring the diving training or diving competition shall be
responsible for the hiring of a qualified person(s) who is
competent and knowledgeable in the areas of diving
mechanics and safety. This person(s) shall be present at
every practice session and competition in order to ensure
proper training, supervision and safety.
26.107 "Cyanuric Acid" means a chemical added to
pool water intended to counter-act degradation of the
chlorine residual by ultraviolet light.
26.108 "Director" means the Director of the Division
of Public Health or an authorized agent.
26.109 "Diving" means a head first entry into a body
of water.
26.110"Diving Board Water Entry Area" means a water
surface area of three hundred twenty (320), three hundred
sixty (360) or four hundred (400) square feet (see Section
26.320) immediately in front of a diving board.
26.110 "Division" means the Division of Public
Health of the Department of Health and Social Services, or
anyone authorized by the Division as its designated
representative, in conformance with Title 29 Delaware Code,
Section 7904.
26.111 "Fence" means a continuous vertical barrier,
either solid, or with openings, holes or gaps not exceeding
four (4) inches in diameter or width, completely enclosing
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1144 PROPOSED REGULATIONS
the pool area which will prevent the entry of small children
and minimize the entry of unauthorized or unwary persons.
Chain link may be used provided that the openings are not
greater than 2 and 3/8 inches measured horizontally.
26.112 "Fixture Set" means one (1) lavatory, two (2)
water closets* and one (1) shower for each sex. *In the male
facilities, up to fifty (50) percent may be substituted with
urinals, and if more than one (1) fixture set is required based
on water surface area, this is reduced to one (1) water closet
(male and female) for the subsequent fixture sets.
26.113 "Flume" means an inclined channel or tube
which may receive a constant supply of flowing water and
which is designed to provide a safe transit path for
conveying sliders to a run-out slide, a splash pool or a
designated area of a swimming pool (SwP) of a water slide
flume.
26.114 "Halogen" means one of the chemical
elements chlorine, bromine, or iodine.
26.115 "Inactive Pool" means a pool, which has been
closed, for twelve (12) or more continuous months.
26.116 "Lifeguard" means a person who meets the
training requirements of the Division specified in Section
26.706.
26.117 "Lifeguard on Duty" means a lifeguard who is
either at poolside or in the pool (special situations), visually
guarding the life of the bathers. A lifeguard on duty shall not
be assigned other duties that will distract his/her attention
from proper observation of the bathers, or prevent the
rendering of immediate assistance to someone in distress.
All lifeguards on duty should be identified by emblems or
distinguishing apparel.
26.118 "Maximum Bathing Load" means the
maximum number of persons allowed in a pool at the same
time
26.118 "NTU" means Nephelometric Turbidity Unit,
which is a means of measuring the water turbidity.
26.119 "ORP" means oxidation-reduction potential,
which is an electrical measurement in millivolts (mV) of the
strength of the disinfectant (oxidizer). A higher ORP means
a higher disinfecting potential. Pools should maintain a
minimum ORP of 650 mV.
26.120 "Person" means any corporation, company,
association, firm, partnership, society, joint stock company
or individual.
26.121 "Person In Charge" means the/an owner of
the pool. This individual shall represent the pool at any
hearing scheduled pursuant to Section 26.12. Every pool
shall, upon request, provide the Division with the name of
the person(s) in charge and how they can be contacted. An
operator, hired by the/an owner, cannot be the person in
charge.
26.122 "Private Pool" means any indoor or outdoor
artificial basin containing a body of water which is used for
swimming, wading, diving, recreative bathing, or other
aquatic purposes and is not open to the general public, or a
limited section of the public, but is intended strictly for the
use of the beneficial owner(s) and his/her/their family and/or
their guests in either of the following situations:
a. Individual beneficial owner or
b. Multiple beneficial owners where all of the
following can be demonstrated to the Division:
1. The pool is owned by a legal entity which
is in turn owned by the beneficial owners.
2. Pool ownership is part of the ownership of
real property by the beneficial owners.
3. The beneficial owners are able to assert
ultimate dominion and control over access to and
maintenance of the pool.
4. No pool memberships are available to
non-beneficial owners.
If it can be demonstrated that a pool meets all of the
above criteria and if the owners want the pool to be approved
as private, they shall contact the Division for the required
procedure. Any multiple beneficial ownership pool that is
approved private shall remain so until the owners notify the
Division that the pool no longer meets all of the above
criteria. These Regulations shall not apply to private pools.
Multiple ownership private pools, however, should go
through the plan review/approval process outlined in Section
26.202 so the pool will be in compliance with the design and
construction requirements of these Regulations in the event
that, at some future time, the pool no longer meets all of the
criteria for remaining private.
26.123 "Public Pool" means any indoor or outdoor
artificial basin constructed of concrete, metal, fiberglass or
any other nontoxic, impervious, and structurally rigid
approved materials, which contains a body of continuously
recirculated and filtered water with automatic disinfection
which is used for swimming, wading, diving, recreative
bathing, or other aquatic purposes and is open to either the
general public, or a limited section of the public, with or
without a fee. These Regulations shall not apply to pools
that are used by one (1) patron at a time and whose water is
completely changed after each patron. A public pool may
hereafter be referred to as a pool, a swimming pool, a wading
pool, a spa pool, a water slide, or a special purpose pool in
these Regulations. Based on the design, size, usage, or other
factors, public pools shall be categorized as follows:
"SwP" means a swimming pool, which is open to
either the general public, or a limited section of the general
public based on residency, membership, or some other
specific criteria.
"WP" means a wading pool, which is open to
either the general public, or a limited section of the general
public based on residency, membership, or some other
specific criteria.
"SpP" means a spa pool, which is open to either
the general public, or a limited section of the general public
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1145
based on residency, membership, or some other specific
criteria.
"WSF" means a water slide flume which is open to
either the general public, or a limited section of the general
public based on residency, membership, or some other
specific criteria.
"SpPP" means a special purpose pool, which is
open to either the general public, or a limited section of the
general public based on residency, membership, or some
other specific criteria.
26.124 "Run-Out Slide" means a flume where the
bathers stop in the flume and then exit to the pool deck/
walkway.
26.125 "Sanitary Survey" means a comprehensive
on-site review of the facilities, operation and management of
a pool for the purpose of determining whether a safe
environment and bathing water of acceptable quality are
being provided.
26.126 "Secretary, Delaware Health and Social
Services" means the Administrator of the Department of
Health and Social Services (DHSS) of the State of Delaware,
who shall hereafter in this document be referred to as the
Secretary, DHSS in conformance with 29 Delaware Code
Section 7904.
26.127 "Slip Resistant" means a textured surface that
is neither conducive to slipping when wet nor abrasive to
bare feet and has a minimum static coefficient of friction of
0.6 (measured by an approved method).
26.128 "Spa Pool" means a pool containing water
greater than ninety five (95) degrees Fahrenheit (°F) which is
not emptied after each use, which has a maximum depth of
four (4) feet, a maximum water surface area of two-hundred
fifty (250) square feet, is large enough for the immersion of
at least one person, and may have a high velocity air and/or
water jet system.
26.129 "Special Purpose Pool" means a pool which is
used for a specific supervised purpose, and which does not
fall into any of the first four (4) categories listed in Section
26.124 (SwP, WP, SpP or WSF).
26.130 "Splash Pool" means the body of water
located at the end of a flume from which bathers exit to the
deck.
26.131 "Superchlorinate" means the addition to the
pool water of an amount of chlorine sufficient to produce a
free chlorine residual which is at least ten (10) times the
amount of the combined chlorine residual plus the required
minimum free chlorine residual, in order to oxidize any
ammonia or other nitrogenous materials which may be
present in the pool water.
26.132 "Swimming Pool Slide" means a
commercially manufactured water entry device consisting of
an inclined plane (either straight or curved) with a small
raised edge (a few inches like a playground slide) which may
receive a constant supply of flowing water, is securely
attached to the pool deck and is designed to provide a safe
transit path for conveying sliders to a pool (water slide
flumes are not included in this definition).
26.135 "Swimming Pool Slide Water Entry Area " means
a water surface area of two hundred fifty-six (256) square
feet (16'x 16') immediately in front of a swimming pool
slide.
26.133 "Turbidity" means a measure of the clarity or
cloudiness of water.
26.134 "Turnover" means the circulation, through the
recirculation system, of a quantity of water equal to the pool
volume.
26.135 "Wading Pool" means a familiarization pool
for small children that may range in water depth from zero
(0) to a maximum of two (2) feet. with a maximum wall
height (distance from rim to bottom) of nine (9) inches at the
pool edge and a maximum depth of eighteen (18) inches.
26.136 "Water Slide Flume" means a water entry
device consisting of one or more flumes that discharge into a
with a run-out slide, a splash pool or a designated area of a
swimming pool (SwP) (swimming pool slides are not
included in this definition).
26.137 "Wet Deck/Walkway Area" means any deck/
walkway area that may become wet from splash or from
bather traffic, the pump/filter room floor and the floors of all
sanitary and bathhouse facilities.
SECTION 26.2 GENERAL PROVISIONS
26.201 Scope and Purpose - The provisions of these
Regulations shall apply to all public pools in the State of
Delaware. The purpose of these Regulations is to provide
minimum standards for design, construction, maintenance
and operation of public pools in the State of Delaware, and
to assure a clean, healthful, and safe environment for all
bathers using these pools. These Regulations in no way
preclude a facility from establishing additional rules and
operating procedures as long as they do not contradict those
established herein.
26.202 Plans and Specifications - No person shall
construct, install, alter or replace a pool, auxiliary pool
structure, or pool equipment, and no person shall convert a
private pool to a public pool until three (3) copies of plans
and specifications have been submitted to the Division, and a
Certificate of Approval has been issued. Whenever it is
discovered that any of the above have occurred or are
occurring without such approval, the Director shall order the
owner, operator or contractor to immediately close the pool
if it is open or stop the work or conversion, and to submit
plans and specifications to the Division. Any part of the
unapproved work or pool that is not in compliance with these
Regulations shall be removed, replaced or reconstructed in
order to achieve compliance. Plans and specifications shall
be legible and on paper no larger than 30" x 42" and shall
include, but are not limited to the following information:
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1146 PROPOSED REGULATIONS
a. The facility name and the name and telephone
number of a contact person at or near the site.
b. The name, mailing address and telephone
number of the owner.
c. The name, mailing address and telephone
number of the builder/contractor/engineer.
d. A map of the area (city, town, rural area, etc.)
showing the project location and a scaled drawing of the site
showing the pool location.
e. A scaled drawing showing an overhead view of
the pool which includes the location of but is not limited to:
all recirculation system fittings and piping, depth markings,
steps/ladders, diving board, lifeguard stand, fillspout, safety
line/bottom marking, lights (underwater and overhead),
deck/walkway, fence, pump/filter room*, bathhouse
facilities, food/beverage service facilities and any other
pools (e.g. wading pool, spa pool). This drawing shall also
specify the materials of construction for the pool and deck,
and the color of the pool walls and floor. If wood is planned
for the wet deck/walkway area the manufacturer of the wood
shall be specified, and if the wood has been treated by the
manufacturer or will be treated by the installer, any
preservatives, coatings, paints, etc. shall be specified.
*Either on this drawing on a separate sheet, a blown
up scaled drawing of the pump/filter room showing all
piping, equipment, fittings, and the flow pattern shall be
provided.
f. A scaled drawing showing a profile view(s) of
the pool, the pool depths and the relative elevation of the
pump and filter. If a diving board is planned, an end view
showing the required dimensions shall also be provided.
g. The following pool information: volume, water
surface area, perimeter filter type, filter surface area, design
flow rate, recirculation pump cacacity, total dynamic head
(TDH) in feet (if not provided a minimum of sixty (60) TDH
will be used), pool turnover time, and the size and type of all
piping (i.e., ductile iron, copper, plastic).
h. Specifications for and drawings or pictures of
all recirculation system components, including but not
limited to: skimmers* or gutters; drains, inlets; recirculation
pump with pump curve; rate of flow indicator with
manufacturer's installation instructions; the type, brand and
surface area in square feet of the filter(s)*; multiport valve*;
the type, brand and capacity of automatic disinfection
equipment*; heater (including proof of AGA or UL
approval); portable vacuum equipment; and the chemical
name of the disinfectant to be used. All specifications shall
include the manufacturer's name and model #.
*Specifications shall include proof of NSF International
listing, or approved equivalent. In the remainder of these
Regulations, wherever there is a referral to NSF, it means
NSF International or approved equivalent.
i. The source of potable water (i.e. their own onsite
well or the name of the water supplier if the water comes
from off-site), and the location and methods of disposal for
sanitary waste, filter backwash water and pool water pumped
to waste.
j. For new pools, the following signed statement
from the owner in all three (3) sets of plans and
specifications: "I hereby acknowledge that all items either
listed or shown in these plans and specifications as not in
contract (NIC), by others, or equivalent, are my
responsibility. I also realize that this entire project must be
completed in accordance with the approved plans and
specifications, and all conditions listed in the Certificate of
Approval, prior to the issuance of an operating permit by the
Division." This statement with signature may appear
directly on the plan drawings.
k. For changes to existing pools, the following
signed statement from the owner in all three (3) sets of plans
and specifications: "I hereby acknowledge that all items
either listed or shown in these plans and specifications as not
in contract (NIC), by others, or equivalent, are my
responsibility. I also realize that this entire project must be
completed in accordance with the approved plans and
specifications, and all conditions listed in the Certificate of
Approval, prior to this pool receiving permission from the
Division to reopen." This statement with signature may
appear directly on the plan drawings.
Upon receipt of plans and specifications, the
Division shall determine if the project is approved or
disapproved and notify the responsible person within thirty
(30) days. If disapproved, the reasons shall be specified. If
approved, a Certificate of Approval shall be issued which
shall be valid for one (1) year. All construction shall be in
accordance with the approved plans and specifications, and
all conditions listed in the Certificate of Approval. Prior to
opening, the owner or operator of a new pool shall contact
the Division for a pre-opening sanitary survey in order to
receive an operating permit. The Division reserves the right
to reject plans and specifications from a pool builder/pool
service company based upon evidence of malfeasance or
non-feasance related to a previous Certificate of Approval.
The Division may establish a fee for plan review/
approval. Public notice and opportunity for a public hearing
will be provided prior to the implementation of such a fee.
26.203 Site Inspection - Prior to the issuance of a
Certificate of Approval for the construction of a new outdoor
pool, a site inspection shall be made by a representative of
the Division in order to confirm that the pool location meets
the requirements of Section 26.301. After a specific site is
approved, any change of location shall require another site
inspection.
26.204 Operating Permit - No person shall operate a
pool without a valid permit from the Division and operating
permits shall expire annually. The operating permit is not
transferable if either the pool name or ownership changes.
For new pools, the operating permit application should be
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1147
submitted at least thirty (30) days prior to the planned
opening date. The operating permit shall be available for
viewing by any patron or representative of the Division upon
request and should be conspicuously posted. The Division
may establish an annual fee for the operating permit. Public
notice and opportunity for a public hearing will be provided
prior to the implementation of such a fee.
26.205Pool Builder/Pool Service Company - No person
or company shall install, construct or sell a public pool that
does not conform to these Regulations. All pools should be
built/serviced by a qualified person or company. The
Division may establish certification and licensing
requirements for pool builders/service companies along with
a fee for such license. At such time, the Division shall
require that all pools be built/serviced by a certified and
licensed person. Public notice and opportunity for a public
hearing will be provided prior to the implementation of
certification and licensing requirements and/or a license fee.
This section is in no way meant to preclude the owner of a
pool or the owner's employees from performing work on
their own pool.
26.205 Pool Operator - The operation of every pool
shall be monitored by an approved pool operator. This
person may be part of the pool staff or from a private
company and shall monitor the pool as often as necessary to
maintain compliance with these Regulations. The approved
pool operator's certificate issued by the Division, or a copy,
shall be available for viewing by any patron or representative
of the Division upon request and should be conspicuously
posted. The Division reserves the right to revoke the
approval of any operator based upon evidence of
malfeasance or non-feasance.
26.206 Right of Entry and Sanitary Surveys -
Representatives of the Division shall have the right of
immediate entry any time a pool is open, and in special
situations, at any reasonable time, in order to perform a
sanitary survey to determine compliance with these
Regulations. A sanitary survey shall be conducted at least
once per year at every active pool. These surveys may
include any room or area associated with the pool operation.
In addition, the representatives shall be permitted to examine
any pertinent records.
26.207 Inactive Pools - Any pool which closes for
thirty (30) continuous days or more, should contact the
Division for a sanitary survey prior to re-opening. Any pool
which closes for twelve (12) or more continuous months
shall: be classified as inactive; contact the Division for a
sanitary survey prior to re-opening; and make whatever
changes are deemed necessary to achieve compliance with
the current Regulations. If the inactive pool does not have
its own recirculation/filtration/disinfection system, this shall
be provided prior to receiving approval to reopen. If there is
no intention of reopening an inactive pool, it should shall be
properly abandoned (removed or filled with dirt to ground
level). Outdoor inactive pools shall be equipped with a
tightly fitting cover during mosquito breeding season
(normally May through September).
26.208 VarianceStandards - The Division may allow
for some deviation from these Regulations on a temporary
trial basis, in order to allow the pool owner or operator to
demonstrate that some alternate procedure or innovation in
design, construction or operation should be approved. Such
permission shall only be granted if the Division is convinced
that the health, safety and well-being of the pool patrons will
not be jeopardized. If the procedure or innovation in design,
construction or operation is approved, the Regulations shall
be amended accordingly, if necessary.
SECTION 26.3 LOCATION, DESIGN AND
CONSTRUCTION
26.301 Location - Pools shall not be located in areas
which are subject to contamination from dust, soot, flyash,
smoke, improper drainage, a high water table, or other
undesirable substances. For outdoor pools, any overhead
wiring not inside an electrical conduit shall not pass over any
part of the deck or an area within twenty (20) feet of the
nearest edge of the pool. If the edge of a pool, extended
upward vertically, is located within fifteen (15) feet of a
building, roof or balcony, a protective barrier may be
required (discretion of the Division) to prevent diving from
the building, roof or balcony.
26.302 Design - No limits are specified for the shape
of pools, however, consideration shall be given to shape
from the standpoint of safety and proper water circulation.
Pools shall be designed such that: there is even and
complete water circulation throughout; safe, sanitary
conditions can be maintained at all times; and all bathers can
be effectively monitored; and all bather entry points to the
pool deck are at the shallow end of the pool if any part of the
pool is greater than five (5) feet deep. When the bather
entrance gate cannot be located at the shallow end, an
interior fence at least four (4) feet high shall be provided,
which will create a corridor to the shallow end . There shall
be no protrusions, extensions, means of entanglement, or
other obstructions in the pool which can cause entrapment or
injury. Underwater or overhead projections or obstructions
except for handholds, steps, ladders, handicapped access
facilities or recirculation system fittings shall be prohibited,
unless such construction can be justified by engineering
design. Underwater seat benches may be permitted in areas
where the water depth is five (5) feet or less provided that:
the maximum water depth over the seat bench is twenty-four
(24) inches; the seat bench is completely recessed; the outer
edge of the seat bench shall be outlined in contrasting color
by a solid marking line at least one (1) inch wide; and the
seat bench surface is slip resistant.
26.303 Construction - Pool walls and bottoms shall be
constructed of concrete, fiberglass, metal or other nontoxic,
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1148 PROPOSED REGULATIONS
impervious and structurally rigid materials approved by the
Division, which will provide a watertight basin, smooth,
easily cleanable surfaces and a finish without cracks. Sand,
earth or wood construction shall be prohibited. The walls
and bottom shall be white or light in color for the purpose of
insuring contrast to identify objects. Corners formed by the
intersections of walls or walls and floors shall be curved
(radiused). Surfaces within the pool intended to provide
footing for patrons shall be designed to be slip resistant.
Offset or safety ledges shall be prohibited.
26.304 Hydrostatic Relief Valve - All below ground
pools, with the exception of indoor crib bed pools, should
have a hydrostatic relief valve, which will relieve ground
water pressure and prevent the shell from being lifted
upward.
26.304 Walls - All SwP and WSF splash pool walls
shall be vertical for a minimum depth of two (2) feet six (6)
inches in areas less than five (5) feet deep. Exceptions may
be made for irregularly shaped pools (e.g. zero depth entry,
T, L or Z shapes) in the recessed areas out of the main
swimming area.
26.305 Floor/Slope - All pool floors shall be sloped
toward the outlet/drain and all slopes shall be constant. The
slope shall not exceed one (1) foot in twelve (12) feet (1':12')
where the water depth is five (5) feet or less, shall not exceed
one (1) foot in (3) feet (1':3') where the depth is greater than
five (5) feet. Any pool having a transition from the slope in
the shallow end to the deep end shall do so through a slope
break starting at a depth not less than three and one half feet
(3-1/2) feet and not greater than five (5) feet. At least one
(1) foot and not more than two (2) feet on the shallow side of
the slope break directly under the safety line, the floor shall
be marked with a line of contrasting color that is either: solid
and at least two (2) inches wide or intermittent with sections
that are at least four (4) inches by four (4) inches and not
more than one (1) foot apart on centers.
26.306 Shallow End Minimum/Maximum Depth - With
the exception of diving pools, all SwP pools shall have a
minimum depth in the shallow area of three (3) feet and a
maximum depth of four (4) feet. Exceptions may be made
for irregularly shaped SwP pools (e.g. zero depth entry, T, L
or Z shapes) with recessed areas out of the main swimming
area.
26.307 Ladders and Steps - With the exception ofWP,
SpP and WSF splash pools, all pools shall have at least two
entry/exit points (ladders or steps), one (1) for each end.
Any pool with water deeper than five (5) feet shall have at
least two (2) ladders in the deep end. In addition to the
above, any pool with a perimeter greater than two hundred
twenty-five (225) feet shall have one (1) additional ladder or
set of steps for each additional seventy-five (75) feet of
perimeter or fraction thereof.
Ladders shall be constructed of corrosion resistant
materials and shall be securely anchored into the pool deck
or built into the pool wall. All ladders shall have two (2)
handrails and at least two (2) slip resistant treads which are
at least one and one half (1-1/2) inches deep, with a uniform
length of at least twelve (12) inches and a uniform spacing of
at least seven (7) inches and not more than twelve inches.
The clearance between any ladder and the pool wall shall be
at least three (3) inches and not more than six (6) inches.
Recessed ladders (built into the wall) shall have two (2)
handrails and shall have a tread at least five (5) inches in
depth, at least twelve (12) inches in width and the uppermost
tread shall be within twelve inches of the pool coping top
edge or the deck surface. All treads shall slope toward the
pool.
Where steps are provided, they shall either be
recessed or located in a corner. All steps shall have a
minimum tread length of twenty-four (24) inches, a tread
depth of at least ten (10) inches and a uniform height of not
more than twelve (12) inches, with the exception of either
the top or bottom tread which may vary +/- -two (2) inches.
The top surface edge of each step shall be outlined in
contrasting color by a line (painted, tile, etc.) at least one (1)
inch wide. Each set of steps shall have at least one (1)
handrail per seven (7) feet of tread length. If the steps are
less than four (4) feet wide the handrail shall be located at
the side and if the steps are four (4) feet or wider, the
handrail shall be located in the center. The tread surface
shall be slip resistant.
26.308 Decks and Walkways - Every pool shall have a
continuous unobstructed deck at rim level around the entire
perimeter. The deck shall be no less than four (4) feet wide
at any point, measured from the pool edge. For outdoor
pools, the area of the deck shall be at least equal to the area
of the pool water surface, and for indoor pools, the area of
the deck shall be at least equal to two thirds (2/3) of the pool
water surface. A minimum width of four (4) feet shall be
provided behind lifeguard stands and the ladders/steps of all
diving boards. Walkways shall be provided from the deck to
all pool sanitary and bathhouse facilities. In computing the
minimum deck area for adjacent pools, no area of the deck
shall be considered as serving both pools.
In order to prevent standing water, decks and
walkways shall have a uniform slope of not less than one
quarter (1/4) inch per foot and not more than one half (1/2)
inch per foot, away from the pool and toward deck drains or
areas where the water will have a free unobstructed flow to
points of disposal. The edge of the pool deck at its junction
with the pool wall shall be constructed of bullnose coping, or
some other acceptable material, which will provide an
adequate hand hold around the entire pool perimeter and
which is not more than twelve (12) inches above the normal
water level.
Wet deck/walkway areas shall be constructed of
concrete or other approved material which has an impervious
slip resistant surface, can be easily cleaned and is installed
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1149
such that there are no hazards to patrons or their bare feet
(e.g. tripping, abrasions, splinters, etc.). If expansion joints
are provided, the joint shall be filled with a non-rigid
material such as mastic which shall not protrude above the
deck. Exposed wooden expansion joints shall be prohibited.
Carpeting shall be prohibited in wet deck/walkway areas.
Wood may be used in wet deck/walkway areas if all of the
following conditions are met (the following conditions apply
only to the wood that forms the wet deck/walkway surface
and not to support structures below):
a. The wood shall not be treated with creosote,
pentachlorophenol, inorganic arsenicals or any other
substance which has been shown to have either an acute or a
chronic health effect. Any substance that has been applied to
the wood by the manufacturer and any substance that will be
applied to the wood by the installer shall be approved prior
to installation.
b. Spacing between boards not to exceed one quarter
(1/4) inch shall be provided.
c. The area below the wooden deck or walkway shall
properly drain to points of disposal.
d. All wood fasteners shall be corrosion resistant.
26.309 Electrical and Lighting Requirements - All
electrical wiring and equipment associated with the pool
shall be in compliance with all appropriate state and local
codes and the current edition of the National Electric Code.
For indoor pools and all bathhouse facilities, all overhead
wiring which is not behind the wall or ceiling shall be inside
an electrical conduit.
Artificial lighting shall be provided at all pools
which do not have adequate natural lighting or which are to
be used for evening/night swimming. The artificial lighting
shall meet all of the following conditions:
a. Lighting shall be sufficient such that all areas
of the pool, and either of the following are clearly visible
without glare from the deck: the main drain(s) and all bottom
markings; or a black disk six (6) inches in diameter
superimposed upon a white field and placed on the bottom of
the deepest point.
b. Outdoor pools shall provide at least thirty (30)
footcandles and indoor pools shall provide at least fifty (50)
footcandles of illumination at the water surface from natural
and/or artificial lighting.
c. All overhead lights shall be covered with
adequate shatter resistant shields and equipped with shatter
resistant bulbs.
26.310 Hose Bibbs - A sufficient number of hose bibbs
shall be provided and located such that all parts of the deck
area, the pump/filter room and the bathhouse facilities are
easily reachable with a fifty (50) foot hose, without the hose
passing over or through the pool water. Hose bibbs shall be
located at the edge of the deck such that they do not
constitute a tripping hazard and shall be equipped with
vacuum breakers or other approved backflow prevention
devices.
26.311 Trees, Sand Areas and Planted Areas - Trees at
the pool site prior to construction shall not be permitted
inside the pool fence and should be removed if they will be
within fifty (50) feet of the pool edge. Sand areas and other
nongrass/unsodded areas designed for bather access shall not
be permitted inside the pool fence or room. Provisions shall
be made so that bathers returning to the pool deck from these
areas are routed past a foot rinse shower. Flower beds,
shrubs and other similar planted areas may be permitted
inside the pool fence or room if all of the following
conditions are satisfied:
a. There shall be a separation distance of at least
ten (10) feet between the edge of the pool and the edge of the
planted area.
b. The planted area shall be designed such that
regular maintenance can be easily accomplished.
c. All planted area drainage shall be conducted
away from the pool in a manner that will not create muddy,
hazardous, or objectionable conditions.
d. The planted area shall be designed to
discourage patron entry.
26.312 Sanitary/Bathhouse Facilities - All pools shall
have at least one (1) permanent water closet with lavatory for
the lifeguard/attendant, which is accessible when the pool is
open and is located contiguous to the pool deck or pool
room. Furthermore, all pools, with the exception of those
where all patrons' sanitary/bathhouse facilities are within one
thousand (1000) feet, shall provide the following permanent
sanitary/bathhouse facilities located contiguous to the pool
deck or pool room:
Number of Fixture Sets *Pool(s) Water Surface Area
For Each Sex (Square Feet)
One (1) Up to 2000
Two (2) 2001 to 4000
Three (3) 4001 to 6000
Four (4) 6001 to 8000
*For pools greater than eight thousand (8000)
square feet, one additional fixture set for each sex shall be
provided for each additional four thousand (4000) square
feet, or fraction thereof.
All sanitary and bathhouse facilities shall be
indoors, enclosed to provide privacy, finished in light colors,
well ventilated, in good working order and designed such
that good sanitation can be maintained throughout at all
times. Floors shall be constructed of concrete or other
approved material, shall have a smooth slip resistant finish
and shall be sloped to floor drains or points of drainage.
Carpeting shall be prohibited in all wet deck/walkway areas.
Floor and wall junctions shall be curved (radiused) for easy
cleaning. Lighting shall provide at least thirty (30)
footcandles of illumination at floor level. All lavatories and
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1150 PROPOSED REGULATIONS
showers shall have hot and cold water and shall be equipped
with tempering valves which provide water at a temperature
not exceeding 120°F. All bathhouses shall have soap (liquid
recommended), single service towels or hot air dryers, toilet
tissue, and waste baskets. All plumbing shall be in
compliance with the "State of Delaware Regulations
Governing a Detailed Plumbing Code" and new installations
shall be inspected and approved by the appropriate authority
prior to use. Floors shall have a slip resistant finish, and
carpeting and duckboard shall be prohibited. All bathhouse
facilities shall be at the same elevation as the pool deck or at
an elevation that is accessible with a ramp having a slope
that shall not exceed one (1) inch per foot and should not
exceed one (1) inch per twenty (20) inches. The pool
operator should require all bathers to take a shower prior to
entering the pool.
All outdoor pools, except those where bathers must
go through the bathhouse in order to reach the deck, shall
have a foot rinse shower at each patron entry point. Any
indoor pool with direct bather access to an outdoor sand
beach or other unsodded area shall also have a foot rinse
shower at the access point. The foot rinse shower shall be
located such that bathers must walk past the deck discharge
area. In order to prevent standing water, the deck discharge
area shall slope toward a drain or an area where the water
will have a free unobstructed flow to points of disposal. The
foot rinse shower shall should: be a shower head; be
approximately twelve (12) to twenty-four (24) inches above
the deck; have an automatic shut off valve when released;
and point toward the deck at approximately a forty-five (45)
degree angle. Foot baths (standing water in which patrons
rinse their feet) shall be prohibited.
26.313 Drinking Fountain - At least one (1) sanitary
type (guarded angle jet) drinking fountain in good working
order shall be provided. The fountain shall be easily
accessible and located inside the pool fence or room at the
shallow end. Common drinking cups shall be prohibited.
26.314 Food and Beverage Facilities - Food and
beverage service facilities that are inside the pool fence or
room shall not be located within twenty (20) feet of the pool
edge. If licensing is required, all such facilities shall be
licensed by the Division or the appropriate authority.
26.315 Starting Blocks - If starting blocks for
competitive swimming events are installed, the water depth
under the blocks shall be greater than five (5) feet.
26.316 Escutcheon Plates - All anchor bolts shall be
covered by escutcheon plates.
26.317 Handicapped Access - Steps, ramps, handrails,
lifts, or other appurtenances designed to accommodate
handicapped individuals will be approved within the limits
of sound engineering practice and nationally recognized
standards. Lifts shall be mounted into the pool deck and
shall have a minimum deck width of four (4) feet behind the
lift mount.
26.318 Swimming Pool Slides - The installation of
swimming pool slides shall be prohibited. All swimming
pool slides that are in existence on the effective date of these
Regulations (April 15, 1990) should be removed.
26.319 Diving Area/Diving Pool and Diving Board -
The dimensions of the diving area/diving pool and the diving
board shall be in accordance with the following:
Minimum (*) and Maximum (**) Dimensions for Pools with
Diving Boards
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1151
DIVING BOARD HEIGHT
ABOVE-WATER
HEIGHT LENGTHS DEPTHS
H1
L1 L2 L3 L4 L5 L6 L7 D1 D2 D3 D4 D5
MAXIMUM 1/2 METER
(20 INCHES)
* 15' * 8' * 15' **12
' 10'
*3'
**4'
*16' *13'
6"
* 12' *
6'1"
*
10'
*
9'6"
*
3'6"
**5'
*
2'6"
**
3'6"
>1/2 METER
TO 1 METER
(SEE L3)
*
15'
*
8'
*
16'
**
12'
*3'
*4'
*
18'
16'6
*
16'6"
*
12'
*
6'6"
*
11'
*
10'6"
*
3'6"
**5'
*
2'6"
**
3'6"
>1/2 METER
TO 1 METER
(SEE L3)
*
16'
*
8'
*
16'
**
16'
*5'
**6'
*
20'
16'6
*
19'6"
*
12'
*
7'
6'
*
12'
11'
*
11'6"
*
3'6"
**5'
*
2'6"
**
3'6"
>1 METER
TO 3 METERS
*
16'
*
8'
*
16'
**
16'
*5'
**6'
*
20'
16'6
*
22'6"
*
12'
*
7'6"
6'
8
13'
12'
*
12'6"
*
3'6"
**5'
*
2'6"
**
3'6"
>greater than
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1152 PROPOSED REGULATIONS
Minimum (*) and Maximum (**) Dimensions for Pools with
Diving Boards
DIVING BOARD
HEIGHT
ABOVE-WATER
HEIGHT LENGTHS DEPTHS
H1 L6 L7 L8 L9 L10 D1 D2 D6
MAXIMUM
1/2 METER
(20 INCHES)
*
15'
*
8'
*
10'
7'
*
12'
9'
*
10'
7'
*
5'
3'
*
6'
*
10'
*
10'
>1/2 METER
TO 1 METER
(SEE L3)
*
15'
*
8'
*
10'
7'
*
12'
9'
*
10'
7'
*
5'
3'
*
6'6"
*
11'
*
11'
>1/2 METER
TO 1 METER
(SEE L3)
*
16'
*
8'
*
10'
7'
*
12'
10'
*
10'
8'
*
5'
3'
*
7'
6'
*
12'
11'
*
12'
11'
>1 METER
TO 3 METERS
*
16'
*
8'
*
10'
8'
*
12'
11'
*
10'
9'
*
5'
3'
*
7'6"
6'
*
13'
11'
*
12'6"
11'
>greater than
Pools with diving boards higher than three (3) meters,
and/or pools with diving platforms shall be constructed in
accordance with the standards of the FINA, NCAA and USD
and these devices shall be labeled "COMPETITIVE
DIVING ONLY."
Diving boards shall have guardrails on both sides which
are at least thirty (30) inches high and extend from the back
end of the board to at least one (1) foot past the pool edge.
Diving boards that are greater than one (1) meter high shall
have handrails on both sides of the ladder/steps and the
guardrails should be completely closed but in no case shall
the spacing between them exceed twelve (12) inches.
All diving boards shall be level and shall have slip
resistant surfaces. All supports, steps, and railings shall be
made of material which is of sufficient strength to handle the
anticipated load. Trampoline type diving facilities and rope
drops shall be prohibited. With the exception of competitive
diving, any adjustable fulcrum diving board shall have the
fulcrum locked in the maximum forward position.
Any diving board in existence on the effective date of
these Regulations (April 15, 1990) that cannot comply with
the requirements of this Section by being shortened and/or
lowered, should be removed. Also, In order for the
replacement of any diving board stand, or the replacement of
any diving board stand and diving board to be approved, the
pool shall be in compliance with the requirements of this
Section.
SECTION 26.4 RECIRCULATION SYSTEM
26.401 General Requirements - Each pool shall have
its own recirculation system. The recirculation system shall
consist of, but is not limited to: a pump, a flow measuring
device, a removable strainer with spare basket (not required
on vacuum filters), a filter with at least one (1) pressure
gauge, an automatic disinfectant feeder, piping, deep end
floor outlets/drains, a perimeter overflow gutter or surface
skinners, return inlets, valves and other necessary
equipment. The recirculation system shall be designed to
provide a minimum of four (4) turnovers of the pool volume
per day [one (1) every six (6) hours] against the maximum
head. In the pump/filter area, each suction and discharge
line shall have a manual control valve capable of regulating
flow or shutting off flow completely. If the required flow
rate is provided collectively by multiple pumps, all of these
pumps shall operate by a single control switch. The
difference between the minimum required flow rate in
gallons per minute (gpm) (based on the type of pool) and the
maximum allowable flow rate in gpm (based on the type of
filtration) shall be at least ten (10) gpm. Water velocities
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1153
through piping should not exceed the following: three (3)
feet per second in gravity pipe; five (5) feet per second in
suction pipe and ten (10) feet per second in pressure pipe.
26.402 Recirculation Pump - All recirculation pumps
shall be of adequate capacity to provide the required
turnover rate, a sufficient backwash rate and sufficient
suction for any vacuum fittings. If the pump or any suction
side piping is located above the pool water level, the pump
shall be self-priming. All recirculation pumps shall be
equipped with the necessary piping, valves, etc. such that
pool water can be pumped directly to waste. This line shall
terminate above any drain entry point by a distance of at
least twice its diameter. For the purpose of confirming or
determining the flow rate, all recirculation pumps shall be
equipped with pressure gauges on both the suction and
pressure side the pump and the pump curve should be
conspicuously posted nearby.
26.403 Rate of Flow Indicator - At least one (1) rate of
flow indicator reading in gpm shall be installed after
filtration on the pool return line. The indicator shall be
easily accessible for viewing, in proper working condition
when the pool is open, sized such that the design flow rate is
in the mid range of the indicator, and capable of measuring
at least fifty (50) percent more than the design flow rate.
The clearance upstream and downstream from the indicator
shall comply with the manufacturer's specifications. In lieu
of the above, a pre-set flow control valve with a direct
mounted meter kit and conversion chart may be used.
26.404 Floor Outlets/Drains - All pools shall be
provided with at least two (2) floor outlets/drains at the
deepest point which: are connected to the recirculation
system through the same line; are at least six (6) feet apart on
centers (for special designs, as far apart as possible or on
different planes); are not more than fifteen (15) feet from the
side wall; are equipped with a flow control valve(s) near the
recirculation pump; have an antivortex cover or a twelve
inch by twelve inch (12" x 12") grate or larger; and can
completely drain the pool. The velocity of the water
entering the outlet/drain should not exceed one and one half
(1-1/2) feet per second. All drain outlet pipes shall be
recessed within the fitting or in a pit and equipped with a
cover which can only be removed with a Phillips screwdriver
or a special tool. The width and length of slot openings in
the cover shall not exceed one half (1/2) inch and one (1)
inch respectively.
26.405 Perimeter Overflow Gutters and Surface
Skimmers - All pools shall have either perimeter overflow
gutters or surface skimmers (not recommended for pools
with a water surface area greater than 2500 square feet)
which: are capable of conducting one hundred (100) percent
of the required flow rate; are connected to the recirculation
system; have flow control valves near the recirculation
pump; and effectively remove any floating material. If
perimeter overflow gutters are used, they shall be continuous
around the pool with a uniform level rim which is not more
than twelve (12) inches below the deck and which will
provide a suitable handhold. Gutters shall be designed so
that the channel is easily accessible for cleaning and presents
no entanglement hazard to bathers. If the gutters are
recessed, the access opening shall be at least four (4) inches.
Gutter drains shall be provided at uniform intervals not to
exceed fifteen (15) feet and the gutter shall slope sufficiently
to these drains. The design shall ensure that the recirculation
pump receive a continuous supply of water at all times either
by adequate surge capacity within the gutters or a surge/
balancing tank. Any perimeter overflow gutter with a
submerged protruding edge, shall have a solid marking line
of contrasting color which is at least one (1) inch wide on the
top surface edge of the gutter. Under normal operating
conditions the flow rate through the gutter should be one
hundred (100) percent of the design flow rate.
If surface skimmers are used, they shall be NSF listed
and at least two (2) shall be provided. For pools that are
greater than one thousand (1000) square feet of water
surface, one (1) additional skimmer shall be provided for
each additional (500) square feet of pool water surface or
fraction thereof. Skimmers shall be optimally located
around the pool perimeter and the recirculation system shall
be designed such that the flow through each skimmer is at
least twenty (20) gpm. All skimmers shall have individual
flow controls devices, an equalizer line (except WP pools),
an easily removable, cleanable basket or screen and a cover.
Under normal operating conditions the total flow rate
through the skimmers should be at least eighty (80) percent
of the design flow rate.
26.406 Inlets - With the exception of WP and SpP
pools, All pools shall have at least four (4) inlets, either on
the side walls or on the floor, which are connected to the
recirculation system. Side wall inlets, with the exception of
those built into a gutter, shall discharge at a depth of at least
twelve (12) inches below the normal water level. The
distance between side wall or bottom inlets, measured along
the wall or floor surface, shall not exceed twenty (20) feet
and the spacing between any floor inlet and the side wall,
measure along the surface, shall not exceed ten (10) feet.
When wall inlets are used, an inlet shall be provided within
five (5) feet of each corner and one (1) in each recessed step
area. The inlets, either by adjustability or by design, shall
provide the necessary flow to maintain the required
disinfectant residual and chemical quality evenly throughout
the pool.
26.407 Vacuuming - All pools shall have the capability
of vacuuming the bottom either through a skimmer, a
separate vacuum fitting or a portable vacuum system. If a
portable vacuum system must be used, it shall be stored onsite
when the pool is open. Vacuuming through a portable
vacuum system that is connected to the potable water supply
shall be prohibited. In line and portable vacuum pumps shall
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1154 PROPOSED REGULATIONS
be equipped with a removable strainer with a spare basket.
26.408 Piping - Recirculation system piping shall be
made of non-toxic material and should be sized such that:
head losses do not exceed one (1) foot per hundred (100) feet
on suction lines and three (3) feet per hundred (100) feet on
discharge lines; and flow velocities do not exceed three (3)
feet per second in gravity, six (6) feet per second under
suction, and ten (10) feet per second under pressure. All
plastic piping shall: be labeled with the manufacturer's name
and the NSF logo for potable water; appear in the current
NSF Listing "Plumbing and Related Products", or approved
equivalent; and be used/installed in accordance with the
manufacturer's specifications.
26.409 Multiport Valves - All multiport valves shall be
NSF listed.
26.410 Pool Water Heaters - All gas heaters shall be
design-certified by the American Gas Association (AGA)
and shall display a rating data plate and the AGA seal. All
electric heaters shall be Underwriters Laboratories (UL)
approved and shall display the UL seal. All heaters shall
have sufficient piping and valves to permit isolation and
removal of the heater from the system.
26.411 Equipment Access, Freezing Protection and
Drainage - Easy access shall be provided to all parts of the
recirculation system that must be inspected or serviced. All
piping and equipment that is subject to freezing shall be
provided with an adequate means of draining. At least thirty
(30) foot candles of illumination shall be provided around all
equipment. In order to prevent standing water, all equipment
rooms shall be adequately graded toward floor drains or
areas where the water will have a free unobstructed flow to
points of disposal.
SECTION 26.5 FILTRATION SYSTEM
26.501 General Requirements - Each pool shall have
its own filtration system. All filters shall bear the
manufacturer's name, the model #, the surface area and the
filter shall be NSF listed. All filtration systems shall be
sized such that the maximum allowable filtration rates are
not exceeded and shall be operated such that the passage of
unfiltered water will be prevented. The filter effluent water
shall have a turbidity of five tenths (.5) NTU or less. All
filters shall be capable of being totally drained through a
manual valve or by disconnecting a union, and all filtration
surfaces shall be accessible for inspection, maintenance or
replacement. Filters that require backwashing shall have a
pressure gauge(s) for determining the time to backwash, and
a site glass for observing the backwash water clarity. The
backwash discharge line shall terminate above the drain
entry point by a distance of at least twice its diameter. All
pressure filters shall be equipped with manual or automatic
air release valves, or shall be self-purging. If a manual air
release valve is present, specific instructions explaining its
use shall be provided and shall be conspicuously posted on
or near the filter. In multiple filter installations filter piping
shall be valved such that each filter can be isolated for
repairs, while other filters remain in service.
26.502 Rapid Sand Filters - All media shall meet all of
the specifications of the filter manufacturer. In multiple
filter installations filter piping shall be valved such that each
filter can be individually backwashed. The filtration rate for
rapid sand filters shall not exceed three (3) gpm per square
foot of filter area, or the NSF listed flow rate, whichever is
less.
26.503 High Rate Sand Filters - All media shall meet
all of the specifications of the filter manufacturer. The
filtration rate for high rate sand filters shall not exceed
twenty (20) gpm per square foot of filter area, or the NSF
listed flow rate, whichever is less.
26.504 Diatomaceous Earth Filters - If diatomaceous
earth filters are equipped with a pressure type separation
tank, there shall be no manual valves on the effluent line, and
the following statement or equivalent shall be conspicuously
posted on the top of the separation tank and at the pump
control switch "Do not start the pump without opening the
manual air release on the separation tank and checking to
make sure that the top of the separation tank is securely
attached." Also, any manufacturer's instructions for the
proper use of this separation tank shall be displayed either on
the top of the separation tank or on the wall nearby. The
filtration rate for diatomaceous earth filters shall not exceed
two (2) gpm per square foot of filter area, or the NSF listed
flow rate, whichever is less. Diatomaceous earth filters that
have an NSF listing for slurry feed shall not exceed a
filtration rate of 2.5 gpm per square foot of filter area. All
diatomaceous earth filters that are backwashed to waste
should have a settling tank/chamber for capturing the earth.
26.505 Cartridge Filters - All pools with cartridge
filtration systems shall have at least one (1) spare cartridge
for each cartridge in use, which is clean and ready for
installation, along with at least one (1) vat which is capable
of submerging all of the cartridges from one filter vessel.
Pools with modular media cartridge filtration shall have at
least one (1) spare cartridge for each type of cartridge in use,
which is clean and ready for installation. When cartridges
become clogged to the extent that cleaning does not restore
them, or they become damaged, they shall be discarded. The
filtration rate for cartridge filters shall not exceed three
hundred seventy-five one thousandths (.375) gpm per square
foot of filter area, or the NSF listed flow rate, whichever is
less.
SECTION 26.6 POTABLE WATER SUPPLY, POOL
WATER QUALITY/TESTING, CHEMICALS AND
WASTEWATER
26.601 Potable Water Supply - All pools shall have a
water supply which: is approved by the Division; is in
compliance with the requirements of the "State of Delaware
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1155
Regulations Governing Public Drinking Water Systems;"
and is of adequate capacity to meet peak demands while
maintaining at least twenty five (25) pounds per square inch
(psi) and not more than one hundred (100) psi at all points in
the system. All drinking fountains shall be in good working
order. Cross connections between the potable water supply
and the pool water shall be prohibited. Hose bibbs shall be
located such that they do not constitute a tripping hazard and
shall be equipped with vacuum breakers or other backflow
prevention devices approved by the Division.
26.602 Fillspout - All pools shall have a permanent
fillspout that shall be air gapped at least two (2) pipe
diameters above the pool rim, or the rim of any vessel or
pipe that connects to the pool. In order to minimize the
possibility of creating a tripping hazard, all fillspouts that are
on the deck shall be located immediately next to one of the
pool ladders, or another approved location. The portion of
the water line passing through a concrete deck shall either be
non-plastic piping or shall be inside a metal sleeve. All
pools that are in existence on the effective date of these
Regulations and do not have a permanent fillspout, or have a
fillspout that is a potential tripping hazard should shall take
whatever steps are appropriate to install the fillspout or
eliminate the potential tripping hazard. All fillspouts located
on the pool deck should be braced.
26.603 Clarity - The water is all pools shall be
sufficiently clear and the lighting shall be sufficient such that
all areas of the pool, and either of the following are clearly
visible from the deck: the main drain(s) and all bottom
markings; or a black disk six (6) inches in diameter
superimposed upon a white field and placed on the bottom at
the deepest point. The turbidity of the pool water shall be
five tenths (.5) NTU or less.
26.604 Bacteriological Quality - If samples are taken
for the heterotrophic plate count test [standard plate count
(SPC)], the result shall be less than (<) two hundred (200)
colonies per milliliter. If samples are taken for the total
coliform test, when the membrane filtration (MF) technique
is used, the result shall be less than (<) one (1) colony per
one hundred (100) milliliters of sample, when the multiple
tube fermentation or most probable number (MPN) method
is used, none of the conformed portions shall show the
presence of the coliform group [result reported as less than
(<) 2.2] and when the presence/absence test is used, the
result shall be absent.
Samples shall be taken by, or required by the
Division whenever it is deemed necessary. For the purpose
of determining compliance with this Section, samples may
be considered only if they have been analyzed by the
Division or by another approved laboratory.
26.605 Chemical Quality -The chemical quality of
pool water shall not cause any irritation to the eyes or skin of
bathers and shall be in compliance with the requirements of
the "State of Delaware Regulations Governing Public
Drinking Water Systems." The pH shall not be less than 7.2
or greater than 7.8. All pool water should be balanced (pH,
calcium hardness, alkalinity, and temperature) and
maintained in accordance with either Langelier Index/Water
Balance method shown in Appendices A and B, or an
approved equivalent, and the total dissolved solids (TDS)
level should not exceed one thousand five hundred (1500)
parts per million (ppm). Any chemical added directly or
indirectly to a pool shall be approved by the Division,
registered with the U.S. Environmental Protection Agency,
used strictly in accordance with the manufacturer's directions
and properly labeled in accordance with the Hazardous
Chemical Information Act 16 Del. C. Chapter 24 (Right to
Know). The Material Safety Data Sheet (MSDS) for each
chemical should be kept at the pool.
All pools should have an automatic pH adjustment
chemical feeder. Any pool using gas chlorine, and any pool
with a documented history of pH level violations shall have
an automatic pH adjustment chemical feeder that: is NSF
listed; is approved by the Division; has approved anti-siphon
protection; and is wired such that it feeds only when the
recirculation pump runs (shall be done on all pools which are
in existence on the effective date of these Regulations when
either the chemical feeder or recirculation pump are
replaced). The manual addition of approved nondisinfectant
chemicals shall be permitted only in special
situations (e.g. trying to achieve water balance), which
require that the pool shall remain closed for at least one (1)
turnover and until such time as the chemical is thoroughly
and evenly dispersed throughout the pool.
26.606 Disinfection - All pools shall be disinfected
with an approved halogen that imparts an easily measured
residual and is fed through an automatic feeder that: is NSF
listed (with the exception of gas feeders); is approved by the
Division; has approved anti-siphon protection; is capable of
providing a dosage of at least ten (10) ppm for outdoor pools
and a dosage of five (5) ppm for indoor pools (shall be done
on an existing pool when the disinfectant feeder is replaced);
and is wired such that it feeds only when the recirculation
pump runs (shall be done on all pools which are in existence
on the effective date of these Regulations when either the
disinfectant feeder or recirculation pump are replaced). A
flow-through (erosion) feeder shall feed only the
disinfectant(s) specified by the manufacturer. All shall add
the disinfectant downstream from the filter and heater. All
pool disinfectants shall be registered with the U.S.
Environmental Protection Agency and approved by the
Division. Manual addition of an approved halogen
disinfectant shall be permitted only in special situations (e.g.
superchlorination), which require that the pool be closed.
After this manual addition has been completed, the pool
shall remain closed: for at least one (1) turnover and until
such time as the chemical is thoroughly and evenly dispersed
throughout the pool; and the automatic feeder is operating
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1156 PROPOSED REGULATIONS
properly if it was not at the time of manual addition. Use of
gas chlorine shall be prohibited. Use of stabilized chlorine
(cyanuric acid) in indoor pools shall be prohibited. In order
for any non-halogen to be approved as a stand alone
disinfectant, satisfactory performance shall be demonstrated
during an NSF evaluation.
Pools using gaseous type chlorination shall comply with the
following requirements:
a. All gas chlorine shall be fed by use of a vacuum
injector system. Direct cylinder feed shall be prohibited.
b. All chlorine gas feed and storage shall be located at
or above ground level in a separate room used for nothing
else; and all openings from this room to any other rooms
shall be sealed.
c. The chlorine room shall be provided with a light
and a positive ventilation fan with a floor level discharge to
the outdoors that provides one complete air change per
minute and operates continuously while the pool is open.
d. The chlorine room shall have a shatter resistant
inspection window and a door that opens outward to the
building exterior.
e. Light and fan switches shall be located outside the
chlorine room.
f. All chlorine cylinders shall be securely fastened or
restrained against falling and all chlorine cylinders in use
REQUIRED
Minimum
Level
Free Chlorine 0.5 ppm
Free Chlorine (Spa Pool) 1.0 ppm
Free Chlorine with 1.5 ppm
Cyanuric Acid
Free Chlorine with 2.0 ppm
Cyanuric Acid (Spa Pool)
Bromine 1.0 ppm
Bromine (Spa Pool) 2.0 ppm
Cyanuric Acid None
Combined Chlorine None
ORP** **650 mV
*required**(recommended)
NOTE - Pools using bromine should use ozone as a
supplementary disinfectant/oxidizer.
26.607 Water Testing Equipment and Sampling
Frequency - All pools shall have approved testing equipment
for pH, disinfectant residual, alkalinity, and calcium
hardness. For disinfectant residual, the DPD (Diethyl-p-
Phenylene Diamine) method, or any other method in the
current edition of Standard Methods for the Examination of
Water and Wastewater, shall be used. If the disinfectant is
chlorine, the test kit shall be capable of measuring both free
and total chlorine residual. For pH, the phenol red
colorimetric method, or any other method in the current
(connected to the feeder) shall be mounted on scales or
equipped with an automatic switchover device. All
cylinders should be stored in the chlorine room.
g. The chlorinator shall be vented outdoors above
grade and the vent shall be screened.
h. If floor drains must be installed, they shall
discharge outside of the building and shall not be connected
to any other drains.
i. The chlorine room temperature shall be at least
60°F at all times and shall be protected against excessive
heat.
j. A self contained breathing apparatus, and a bottle
of ammonia for leak detection, shall be kept readily
accessible at a location outside the chlorine room.
k. A gas chlorine warning sign shall be posted outside
the room.
l. A new seal shall be installed each time a cylinder is
changed.
m. A chlorine leak detection device with audible and
visual alarm should be provided.
All pools shall/should be disinfected in accordance
with the following requirements/ recommendations:
RECOMMENDED
RECOMMENDED Maximum
Level Level
1.0-3.0 ppm 5.0 ppm
2.0-5.0 ppm 10.0 ppm
1.5-3.0 ppm 5.0 ppm
2.0-5.0 ppm 10.0 ppm
2.0-4.0 ppm 6.0 ppm
3.0-6.0 ppm 10.0 ppm
30-50 ppm *100 ppm
0.0 ppm 0.2 ppm
**700-750mV
edition of Standard Methods for the Examination of Water
and Wastewater, shall be used and the test kit shall have a
range of at least 6.8-8.2. In addition to these parameters,
pools that use a stabilized halogen shall have approved
cyanuric acid testing equipment.
All chemical test kit reagents shall be dated when
received, and shall be replaced just prior to the start of each
outdoor pool season, and at least yearly for indoor pools,
with the exception of phenol red which shall be replaced at
least every six (6) months.
pH and disinfectant residual shall be measured
daily, prior to the pool opening, and as often as necessary
while the pool is open (recommended every one (1) to two
(2) hours) in order to ensure the proper levels.
Alkalinity, calcium hardness and cyanuric acid (if
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1157
applicable) shall be measured after each addition of make up
water and at least weekly. All sample results shall be
recorded along with the date, time and sample location (area
of the pool). Records of sample results shall be kept at the
pool for at least one (1) year, shall be available for viewing
by any representative of the Division during a sanitary
survey and shall be submitted to the Division upon request.
If any other substance is added to the pool on a regular basis
(e.g., copper/silver from a supplemental disinfection
system), the Division may require testing to ensure that the
concentrations do not exceed acceptable levels.
26.608 Pool Water Level and Recirculation System -
When the pool is open, the water level shall be maintained at
an elevation suitable for continuous flow into the perimeter
overflow gutter or surface skimmers or intermittent flow into
the gutter as bathers enter. The recirculation system shall
operate continuously (24 hours per day), with the exception
of the automatic disinfectant feeder when the disinfectant
level approaches or exceeds the upper recommended level.
Within three (3) years of the effective date of these
Regulations ( 2003) each pool shall have its own
recirculation, filtration and disinfection system. All pools
shall have the capability of pumping water to waste either
directly or via filter backwash. A dye test should be
performed at least annually on every pool. The Division
may require a dye test to ensure that the recirculation system
is providing even and complete recirculation throughout the
pool.
26.609 Chemical Storage - All chemicals, including
test kits, shall be stored in accordance with the storage
recommendations on the manufacturer's label and the
MSDS, and they shall be stored in areas that are not easily
accessible to bathers or other unauthorized personnel. All
pools shall keep adequate quantities of chemicals on hand
such that shortages are not experienced. "NO SMOKING"
signs shall be conspicuously posted in all chemical storage
areas.
26.610 Wastewater Disposal - Cross connections
between the pool recirculation system and any wastewater
system, including the filter backwash drain, shall be
prohibited. The backwash discharge line shall terminate
above the drain entry point by a distance of at least twice its
diameter. All wastewater, including filter backwash water,
should discharge into facilities that are in compliance with
all appropriate state and local codes.
26.611Ozone - All ozone systems should be NSF listed.
SECTION 26.7 OPERATION, MAINTENANCE,
GENERAL SANITATION PERSONNEL,
SUPERVISIOIN AND SAFETY
26.701 Operation and Maintenance - All pools, their
premises, and appurtenances, shall be operated and
maintained at all times with regard to the safety of bathers
and employees. All plumbing shall be properly installed and
maintained. During an electrical storm, use of any pool
(indoor or outdoor) shall be prohibited. Alcoholic beverages
shall be prohibited in the pool and on the pool deck (area
required by Section 26.308). Food and beverages shall be
prohibited in the pool and within four (4) feet of the pool
edge. Glass or other breakable containers, utensils, etc.,
shall be prohibited within the pool fence, pool room or
bathhouse facilities. Pool walls and floors shall be
refinished when safe sanitary conditions cannot be
maintained. Any deck/walkway areas that are hazardous to
patrons or their bare feet (e.g., tripping, abrasions, splinters,
etc.) or do not properly drain, shall be repaired or replaced
such that the hazard or drainage problem is eliminated. Any
electrical hazard shall be eliminated. All pools that have a
slope break, shall install a line of contrasting color one (1) to
two (2) feet on the shallow side of the break directly under
the safety line that is either: solid and at least two (2) inches
wide or intermittent with sections that are at least four (4)
inches by four (4) inches and not more than one (1) foot
apart on centers. All pools which have steps or benches,
shall install a solid marking line of contrasting color which is
at least one (1) inch wide on the top surface edge of each
pool step or bench. All pools which have any type of
overflow gutter or a safety ledge with a submerged
protruding edge, shall install a solid marking line of
contrasting color which is at least one (1) inch wide on the
top surface edge of the gutter.
26.702 General Sanitation and Sanitary Facilities -
All pools and related facilities shall be maintained in a clean
sanitary condition. The pool floor, walls, deck, walkways
and bathhouse facilities shall be cleaned and disinfected with
an approved disinfectant as often as necessary in order to
maintain an environment which is free of sediment, dirt,
algae, grass/weeds and foreign objects. All garbage shall be
stored in containers which are sufficient in number and
properly covered so as not to attract vermin. Effective
control measures shall be utilized to minimize or eliminate
the presence of rodents, flies, roaches or other vermin. All
pools shall have at least one (1) permanent or portable water
closet for the lifeguard/attendant, which is accessible when
the pool is open and is located such that the path of travel
from the nearest pool entrance/exit does not exceed five
hundred (500) feet. If a portable water closet is provided, it
shall be properly vented, designed to exclude flies, equipped
with a self-closing door, provided with toilet tissue, and
maintained in a clean sanitary condition and. This water
closet should be located contiguous to the pool deck or pool
room.
26.703 Animals - With the exception of guide animals
for the handicapped, animals shall be prohibited within the
pool fence, pool room or bathhouse facilities.
26.704 Bathing Suits - It is recommended that all
bathers should wear bathing suits. A bathing suit is should
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1158 PROPOSED REGULATIONS
be a garment designed for that purpose which covers the
buttocks (male and female) and breasts (female). If anyone
who is not toilet trained is going to use a pool, the operator
shall should take whatever steps are necessary to ensure that
fecal material does not enter the water (e.g. requiring the use
of a swimsuit diaper). Should fecal material enter any pool,
the pool shall be closed immediately and the operator shall
follow Division procedures for reopening.
26.705 Employee/Bather Health - No person with
evidence of a communicable or contagious disease shall be
employed at a pool. No person with evidence of a
communicable disease, cough, cold, open sore or bandaged
wound shall be allowed to enter the pool water except where
certified by a physician not to have a disease in the
communicable stage. Any person suspected of being under
the influence of alcohol or drugs shall be prohibited from
entering the pool.
26.706 Lifeguard - Unless exempted by 16 Delaware
Code, each pool that is greater than 250 square feet (water
surface) or greater than four (4) feet deep (any portion) shall
have a lifeguard on duty when the pool is open. It is
recommended that there be a minimum of two (2) lifeguards
on duty when the pool is open and further recommended that
there be one (1) lifeguard per either: fifty (50) bathers; or
two thousand (2000) square feet of pool water surface; or
fractions thereof. If a lifeguard who is working alone must
leave poolside, for whatever reason, he/she shall take
whatever steps are necessary to ensure that no one remains in
or enters the water in his/her absence. Copies of training/
certification documentation for all lifeguards currently
employed by the pool's management shall be present at the
pool when it is open and should be available for viewing by
patrons. No person shall serve as a lifeguard unless he or she
meets all of the following training requirements and can
produce the appropriate documentation upon request of the
Division:
a. Current certification in National YMCA
Lifeguarding, or American Red Cross Basic Lifeguarding,
Ellis & Associates National Pool & Waterpark Lifeguard
Training, Aquatic Resource Service Associates Aquatic
Rescue Training or approved equivalent.
b. Current certification in American Red Cross,
American Heart Association or National Safety Council
(NSC) Cardiopulmonary Resuscitation (CPR), or approved
equivalent, that includes training in: one (1) person adult
CPR, child CPR and infant CPR.
c. Current certification in American Red Cross
Standard First Aid, or approved equivalent, that includes
training in: obstructed airway, artificial breathing, control of
bleeding and treatment of shock.
26.707 Attendant - If none of the pools at a facility
require a lifeguard based on surface area or depth, each pool,
with the exception of those exempted by Title 16 Delaware
Code, shall have an at least one (1) attendant with approved
training on duty when the pool is open. If an attendant who is
working alone must leave poolside, for whatever reason, he/
she shall take whatever steps are necessary to ensure that no
one remains in or enters the water in his/her absence. In
facilities with a spa pool(s) (SpP) only, if the attendant is not
in direct view of the pool, he/she shall be located such that
the poolside alarm required by Section 26.720 can be easily
heard. Copies of training/certification documentation for all
attendants currently employed by the pool's management
shall be present at the pool when it is open and should be
available for viewing by patrons. No person shall serve as
an attendant unless he or she meets all of the following
training requirements and can produce the appropriate
documentation upon request of the Division:
a. Current certification in American Red Cross,
American Heart Association or NSC Cardiopulmonary
Resuscitation (CPR), or approved equivalent that includes
training in: one person adult CPR, child CPR and infant
CPR.
b. Current certification in American Red Cross
Standard First Aid, or approved equivalent, that includes
training in: obstructed airway, artificial breathing, control of
bleeding, and treatment of shock.
26.708Lifeguard Warning Sign - Any exempted pool or
any pool with a maximum depth of four (4) feet that does
not have a lifeguard or attendant on duty shall conspicuously
post the following sign at the pool entrance(s) and at least
one (1) other location inside the pool room/fence:
"WARNING NO LIFEGUARD ON DUTY" in letters at
least four (4) inches high along with "CHILDREN UNDER
THE AGE OF SIXTEEN (16) SHOULD BE
ACCOMPANIED BY A PARENT OR GUARDIAN" in
letters at least one (1) inch high. (NOTE - A guardian is an
adult designated by a parent who is responsible for the
children and their behavior).
26.709 Lifeguard Stand - All pools with a water
surface area greater than two thousand (2000) square feet
shall have at least one (1) lifeguard stand and additional
stands should be provided based on each additional two
thousand (2000) square feet or fraction thereof. The
lifeguard stand shall be at poolside, however, no part of the
stand shall extend past the edge of the pool. The lifeguard
stand seat should be four (4) to six (6) feet above the pool
deck.
26.710 Unsupervised Solo Bathing - Unsupervised
solo bathing shall be prohibited at all pools with the
exception of those exempted by 16 Delaware Code.
Maximum Bathing Load - In SwP pools, the
maximum bathing load shall be based on one (1) bather per
twenty-five (25) square feet of pool water surface. If a
diving board is present and in use, the three hundred twenty
(320), three hundred sixty (360) or four hundred (400)
square feet of diving board water entry area per device
(Sections 26.110 and 26.320) shall not be included in
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PROPOSED REGULATIONS 1159
computing the maximum bathing load. If a swimming pool
slide is present and in use, the two hundred fifty-six (256)
square feet of swimming pool slide water entry area (Section
26.135) shall not be included in computing the maximum
bathing load.
26.711 Injury, Resuscitation or Death - The Division
shall be notified within twenty-four (24) hours of any
incident at a pool which: requires referral to a hospital,
doctor or other facility for medical attention; requires
resuscitation; or results in death. The notification shall be
followed up by a written report within thirty (30) days which
contains all pertinent details of the incident.
26.712 Pool Security - All entrances to indoor pools
shall be equipped with locks and each entrance shall be
locked when the pool is closed. All outdoor pools shall be
enclosed by a fence which provides a barrier that is at least
four (4) feet high everywhere [six (6) feet recommended],
measured from ground level outside the fence. All pool
fences shall be equipped with a locking gate which shall be
locked when the pool is closed.
26.713 Depth Markings - With the exception of
wading pools and spa pools, the water depth of all pools, in
feet to the nearest one half (1/2) foot, shall be plainly marked
at or above the water surface on the vertical pool wall, and
on the coping or deck within eighteen (18) inches of the pool
edge. For pools with open gutters, the depth marking
required on the vertical pool wall may be located on the wall
of the room for indoor pools, and on the fence for outdoor
pools. These pairs of depth markings shall be located at the
points of minimum depth, maximum depth, intermediate
depths at no more than two (2) foot depth increments with
one (1) foot increments recommended, breaks in slope and
on each end of the pool. All depth markings shall be at least
four (4) inches high, of a contrasting color and spaced no
more than twenty-five (25) feet apart on the pool perimeters.
Markings on the pool walls shall be positioned to be read
from the water. Markings on the deck shall be positioned to
be read while standing on the deck and facing the pool and
shall be slip resistant.
26.714 Safety Line - Whenever non-swimmers are in
the water, all pools that have a slope break shall have a
safety line located at least one (1) foot and not more than two
(2) feet on the shallow side of the slope break, directly above
the line on the bottom required by Section 26.701. The
safety line shall have clearly visible colored floats spaced not
more than five (5) feet apart. The safety line shall be of
sufficient size and strength to provide a handhold which will
support any bather who is in need of help and the
connections to the pool wall shall be recessed.
26.715 Safety Equipment - All pools shall have the
following safety equipment which shall be easily accessible:
a. A telephone, within or immediately adjacent to
the pool fence or room, with appropriate emergency
numbers posted nearby. Pay telephones are acceptable if
they do not require coins in an emergency. In lieu of a
telephone, a manually activated emergency alarm system
that alerts someone else to dial the telephone is acceptable.
All of the above must be able to send and receive calls.
b. Two blankets.
c. A first aid kit with the current edition of the
American Red Cross standard first aid book or equivalent.
The kit should include at least the following: soap, ice packs,
bandaids, compresses (2"x2" and 4"x4"), gauze roller
bandages, two (2) triangle bandages, surgical gloves and a
mouth to mouth mask.
In addition to the above, all SwP pools without a
lifeguard on duty (those exempted by 16 Delaware Code)
shall also be equipped with the following safety equipment
which shall be easily accessible:
d. One (1) or more lightweight poles at least
twelve (12) and not more than fifteen (15) feet long, and
equipped with a shepherd's hook.
e. One ring buoy at least eighteen (18) to twentyfour
(24) inches in diameter attached to at least fifty (50) feet
of rope.
In addition to the above, all SwP pools with a lifeguard
on duty shall also be equipped with the following safety
equipment that shall be easily accessible:
f. One rigid backboard (long board) with at least
three (3) attached ties/straps which is compatible for
transport in the Delaware State Police MED-E-VAC
helicopter, meets the design requirements of Emergency
Medical Services, and is approved by the Division. Six (6)
attached ties/straps are recommended. If a pool, because of
size, will not accommodate a long board being placed under
a bather, a reduced backboard (short board) with at least one
(1) tie/strap may be substituted. Current specification
requirements for backboards are available upon request from
the Division. (NOTE - This is not required for exempted
pools that operate without a lifeguard).
g. In place of the ring buoy, at least one (1) rescue
tube for each lifeguard on duty. (NOTE - This is not
required for exempted pools that operate without a
lifeguard).
26.716 Diving - With the exception of official
competition or when there is qualified instruction, diving
shall be prohibited into water that is five (5) feet deep or less.
At SwP and WSF splash pools, all areas where the water is
five (5) feet deep or less shall be clearly labeled "No Diving"
on the coping (edge of the deck). For indoor pools, the "No
Diving" markings may be approved on the walls of the room
if it can be demonstrated that it is not feasible to provide
them on the edge of deck. The "No Diving" markings shall
be: of a contrasting color; easily readable; slip resistant and
at least four (4) inches high consisting of the words "No
Diving," the words "No Diving" in combination with the
picture (international) sign (diver inside a red circle with a
red line across), or other approved markings. The number of
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1160 PROPOSED REGULATIONS
markings shall be at least equal to the number of depth
markings within the "No Diving area" and shall be spaced no
more than twenty-five (25) feet apart on the perimeter of the
"No Diving" area.
26.717 Shallow End Starting Blocks - Shallow end
starting blocks (water depth that is five (5) feet or less) shall
be removed when there is no official competition, instruction
or practice. Shallow end starting blocks that are not
removable shall be labeled "starting blocks shall be used
only during official competition or when there is qualified
instruction."
26.718 Wading Pool Supervision - It is recommended
that all children using a wading pool should be
supervised by a responsible person who is at least sixteen
(16) years of age.
26.719 Attendant Alarm - Any SpP pool, with the
exception of those at facilities exempted by Title 16
Delaware Code, which is located such that it is not in direct
view of the attendant shall have, in the immediate vicinity of
the pool, a clearly labeled alarm device that can be activated
when a bather is in trouble and is easily heard throughout the
area or building. This alarm shall product a distinctly
different sound than that of the high temperature alarm.
26.720 Spa Pool Warning Sign - A clearly visible sign
shall be mounted at the entrance of each SpP pool
facility or adjacent to each SpP pool and shall include, but is
not limited to, the following:
a. All bathers should take a shower prior to
entering.
b. Enter and exit slowly and cautiously.
c. Unsupervised solo bathing is prohibited.
d. Use by anyone under sixteen (16) years of age
is prohibited unless there is documented written permission
from his or her physician.
e. Elderly persons and anyone with heart disease,
diabetes, high or low blood pressure, or anyone under a
physician's care should not enter without consulting with
their physician.
f. Pregnant women should not enter unless the
temperature is less than 102°F.
g. Hot water immersion while under the influence
of alcohol, anticoagulants, antihistamines, vasoconstrictors,
vasodilators, stimulants, hypnotics, narcotics or tranquilizers
may be hazardous to your health and is prohibited.
h. Observe a fifteen (15) minute time limit, then
shower, cool down and return if your wish. Longer
exposures to this water may result in nausea, dizziness or
fainting.
i. Do not submerge to the bottom of the pool, hair
may become entangled in bottom outlet. Long hair should
be tied in a knot or a bun in order to keep it out of the water.
j. No body lotions or oils are permitted.
26.721 Spa Pool Timer Switch - All SpP pools shall
have a clearly labeled reversible aeration/jetting system
timer switch with a fifteen (15) minute time limit located in
the pool area but such that it cannot be reset from within the
pool.
26.722 Spa Pool Temperature/High Temperature
Prevention System - The water temperature in SpP pools
should not exceed 100°F and shall not exceed 104°F. All
spa pools shall have a thermometer that is measuring the
current water temperature and the temperature should be
checked and recorded at least hourly when the pool is open.
If the thermometer is in the pool, it shall be non-glass and
tethered. All SpP pools shall be equipped with an approved
system that will ensure that the water does not exceed 104°F
(e.g. a high temperature alarm, an automatic heater shut off
device, etc.). The alarm shall produce a distinctly different
sound than that of the attendant alarm. If there is a
documented history of high temperature violations, the high
temperature prevention system shall be replaced/upgraded.
The Division may test the high temperature prevention
system to ensure proper operation.
26.723 Spa Pool Clock - A clock that is easily readable
from the SpP pool shall be provided.
26.724 Water Slide Flume - Head of the Flume
Personnel - At least one person who meets the training
requirements of Section 26.707a shall be stationed at the
head of the flume to supervise and control the start of each
slider, the spacing of sliders and the monitoring of the
downward progress of each slider.
26.725 Water Slide Flume - Splash Pool Attendant - At
least one attendant shall be stationed near the end of
the flume/run-out slide to supervise and control the sliders as
they arrive. Additional attendants shall be required at the
discretion of the Division.
26.726 Ventilation - All bathhouse rooms, equipment
rooms, chemical storage rooms and indoor pool rooms shall
be provided with adequate natural or mechanical ventilation
such that satisfactory indoor air quality is maintained.
26.727 Cartridge Filtration - All pools with cartridge
filtration systems shall have at least one (1) spare cartridge
for each cartridge in use, which is clean and ready for
installation, along with at least one (1) vat which is capable
of submerging all of the cartridges from one filter vessel.
Pools with modular media cartridge filtration shall have at
least one (1) spare cartridge for each type of cartridge in use,
which is clean and ready for installation. When cartridges
become clogged to the extent that cleaning does not restore
them or they become damaged, they shall be discarded.
SECTION 26.8 WADING POOLS
26.801 General Requirements - Except as otherwise
noted previously and in this Section, WP pools shall comply
with all other requirements of these Regulations.
26.802 Location - WP pools which are installed in
conjunction with a SwP pool shall be located adjacent to the
shallowest area of the SwP pool and shall be at least ten (10)
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PROPOSED REGULATIONS 1161
feet away. If any part of the SwP pool is greater than five (5)
feet deep the WP pool shall be located at least twenty (20)
feet away.
26.803 Floor/Slope - The slope of a WP pool floor
shall not exceed six (6) inches in ten (10) feet (6"/10') and
the floor shall be slip resistant.
26.804 Fencing - All WP pools which are indoors or
within the confines of another pool fence shall be surrounded
by a fence which is at least three (3) feet high and is
equipped with a gate.
26.805 Recirculation System - The WP pool
recirculation system shall be capable of providing a
minimum of twenty-four (24) turnovers of the pool volume
per day [one (1) every hour] against the maximum lead.
26.806 Floor Outlets/Drains - All WP pools shall be
provided with at least one (1) of the following connected to
the recirculation system and capable of draining the pool:
two (2) antivortex floor outlets/drains as far apart as possible
on the same line with a flow control valve; one (1) antivortex
floor outlet/drain connected to the skimmer line with no
individual flow control valves prior to the pump; or another
approved fitting. The velocity of the water entering the
outlet/drain should never exceed one and one half (1-1/2)
feet per second.
26.806 Perimeter Overflow Gutters and Surface
Skimmers - All WP pools shall be equipped with either a
perimeter overflow gutter or at least one skimmer which is
connected to the recirculation system and effectively remove
any floating material. For WP pools that are greater than
five hundred (500) square feet of water surface, one (1)
additional skimmer shall be provided for each additional
(500) square feet of pool water surface or fraction thereof.
Under normal operating conditions the total flow rate
through the skimmers should be one hundred (100) percent
of the design flow rate.
26.807 Inlets - All WP pools shall have at least two (2)
inlets and in WP pools where only one (1) skimmer is
required, the inlets shall be located such that they direct
water toward the skimmer.
26.808 Water Replacement - The entire WP pool water
volume should be replaced on at least a weekly basis either
by normal backwashing or by pumping directly to waste.
SECTION 26.9 SPA POOLS
26.901 General Requirements - Except as otherwise
noted previously and in this Section, SpP pools shall comply
with all other requirements of these Regulations.
26.902 Location - A SpP pool shall be at least eight (8)
feet away from any other pool.
26.903 Decks and Walkways - A deck at least four (4)
feet wide shall be provided around at least fifty (50) percent
of the perimeter of a SpP pool. If the SpP pool is free
standing and not higher than thirty six (36) inches, the deck
may be at floor level.
26.904 Steps and Benches - SpP pools which are
greater than twenty-four (24) inches deep shall have at least
one (1) step with at least one (1) handrail (two (2) are
recommended) and all steps shall be located at a point where
the deck is at least four (4) feet wide. The step tread shall be
at least ten (10) inches deep and at least twelve (12) inches
wide, and the step riser shall be at least seven (7) inches and
not be more than twelve (12) inches high. When the bottom
tread also serves as the bench, the height above the pool
floor shall not exceed fourteen (14) inches. The first and last
risers need not be uniform. Intermediate risers, however,
shall be uniform in height. Benches that are installed in SpP
pools shall be permanent and the depth of water over the
bench shall not exceed twenty-four (24) inches. The top
surface edge of all benches and steps shall be outlined in
contrasting color by a marking line at least one (1) inch
wide.
26.905 Fencing - SpP pools that are installed inside the
confines of another pool fence are not required to be fenced.
26.905 Recirculation System - The SpP pool
recirculation system shall be completely separate from the
air/water jet system and shall be capable of providing a
minimum of ninety-six (96) turnovers of the pool volume per
day [one (1) every fifteen (15) minutes] against the
maximum head.
26.906 Floor Outlets/Drains - All SpP pools shall be
provided with at least one (1) of the following connected to
the recirculation system and capable of draining the pool:
two (2) floor outlets/drains as far apart as possible on the
same line with a flow control valve; one (1) floor outlet/drain
connected to the skimmer line with no individual flow
control valves prior to the pump; or another approved fitting.
The velocity of the water entering the outlet/drain should
never exceed one and one half (1-1/2) feet per second.
26.906 Perimeter Overflow Gutters and Surface
Skimmers - All SpP pools shall be equipped with either a
perimeter overflow gutter or at least one skimmer which is
connected to the recirculation system and effectively
removes any floating material. If the second option in
26.907 is chosen, any approved through the wall skimmer
with a weir may be used.
26.907 Inlets - All SpP pools shall have at least two (2)
inlets which are connected to the recirculation system and in
SpP pools where only one (1) skimmer is required, the inlets
shall be located such that they direct water toward the
skimmer.
26.908 Air Jetting System - All air jetting (blower)
systems shall have a raised loop or some other approved
method to prevent water backup that could cause electrical
shock hazards.
26.909 Water Replacement - The entire SpP pool
water volume should be replaced on at least a weekly basis
either by normal backwashing or by pumping directly to
waste.
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1162 PROPOSED REGULATIONS
SECTION 26.10 WATER SLIDE FLUMES
26.1001 General Requirements - Except as otherwise
noted previously and in this Section, WSFs shall comply
with all other requirements of these Regulations.
26.1002 Splash Pool Design and Depth - In order to
facilitate prompt, safe exiting by bathers, all splash pools
shall have either a set of steps along the entire length of the
exit side (side opposite the flume terminus), or a floor that
slopes upward to meet the water surface. The steps or
upward sloping floor shall have one (1) handrail per flume or
one (1) handrail every seven (7) feet, whichever is greater.
Ladders shall be prohibited. The depth of the splash pool at
the flume end shall be at least three (3) feet and not more
than four (4) feet, and this depth shall be maintained for at
least twenty (20) feet in front of the flume end. The floor
slope shall not exceed one (1) foot in seven (7) feet and all
slopes shall be constant.
26.1003 Flume End - Flumes shall terminate either at a
depth of at least six (6) inches below the splash pool
operating water level, or not more than two (2) inches above
the splash pool operating water level, provided the flume is
level for at least the last ten (10) feet. The distance between
the side of any flume end and the side of the splash pool shall
be at least five (5) feet. The distance between the sides of
adjacent flumes shall be at least six (6) feet and adjacent
flumes utilizing the same splash pool shall be parallel at the
ends.
26.1004 Decks and Walkways - A deck at least ten (10)
feet in width shall be provided along the entire exit side of
the splash pool. All walks and steps from the exit side to the
top of the flume shall be: at least four (4) feet wide;
constructed of concrete or other slip resistant material
approved by the Division; smooth, easily cleanable and
properly maintained; and separated from any flume by a
physical barrier such that people on the walks or steps cannot
reach the flumes.
26.1005 Recirculation System - The WSF recirculation
system shall be capable of providing a minimum of twentyfour
(24) turnovers of the splash pool and pump reservoir
volume per day [one (1) every hour] against the maximum
head.
26.1006 Pump Reservoirs - Pump reservoirs shall be
separate from the splash pool, shall be made of concrete or
other impervious material with a smooth slip-resistant finish,
and shall be connected to the splash pool by a weir. The
minimum pump reservoir volume shall be equal to five (5)
minutes of the combined flow rate in gpm of all water slide
flume pumps. Pump reservoirs shall be accessible only to
authorized individuals. Access decks shall be provided. The
pump intake(s) shall be located in the pump reservoir and
shall be designed to allow cleaning without danger of
operator entrapment. The pump intake(s) shall be located in
the pump reservoir and shall be designed to allow cleaning
without danger of operator entrapment. The pump reservoir
shall have a minimum of one (1) main drain with separate
piping and valve to the filtration system. Pumps shall have
check valves on all discharge lines.
26.1007 Perimeter Overflow Gutters and Surface
Skimmers - All splash pools and pump reservoirs shall have
either perimeter overflow gutters or surface skimmers which
effectively remove any floating material and are connected
to the recirculation system. Where perimeter overflow
gutters are used, they are not required along the weirs or
under the flume end. Where surface skimmers are used, one
(1) shall be in the splash pool and one (1) shall be in the
pump reservoir. Where an odd number of surface skimmers
are required they shall be positioned appropriately based on
the size of the splash pool and pump reservoir.
26.1008 Disinfection - WSF pools may be permitted to
manually add a halogen disinfectant, in addition to the
automatic feeder, if it can be done somewhere other than the
flume or splash pool.
SECTION 26.11 SPECIAL PURPOSE POOLS
26.1101 General Requirements - Child care facility
pools and other pools that do not fit into the categoriesSwP,
WP, SpP, or WSF, of Section 26.123 because of the design,
size, usage, or other factors, shall be classified as SpPP by
the Division, provided that the design is within the limits of
sound engineering practice. The Division shall require
compliance with any Sections of these Regulations which
are deemed necessary, to assure the health and safety of
SpPP pool bathers.
SECTION 26.12 PROCEDURE FOR
ADMINISTRATIVE ACTION
26.1201 Operating Without a Permit - If a pool is found
operating without a valid permit, as required by Section
26.204, the Division Director shall issue a written notice for
order immediate closure. This notice shall be delivered to
either the lifeguard/operator or the person in charge. This
closure shall be effective upon delivery receipt of the a
written notice by the person in charge of the pool. and a
closure notice statement on the sanitary survey report
constitutes a written notice. A sign stating that the pool is
closed may be posted at the bather entry point(s) and this
sign shall be removed only by, or with the consent of the
Director. Within five (5) days of receipt of this closure
notice, The person in charge may request a hearing before
the Director. If a hearing is requested, it shall be scheduled
within ten (10) days. At least five (5) days prior to hearing,
the person in charge shall be notified of the date, time and
place. The pool shall remain closed until submission, review
and approval of plans, followed by a sanitary survey
confirming compliance with these Regulations and issuance
of an operating permit. A conspicuous, colored placard shall
be prominently displayed at all entrances of the pool which
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PROPOSED REGULATIONS 1163
has failed to obtain a valid permit. If plans and specifications
for the pool have been previously approved by the Division,
the pool may reopen when approval of the Director has been
granted and a permit has been issued. If there is not record
of a Certificate of Approval, plans and specification shall be
submitted in accordance with Section 26.202.
26.1202 Suspension of a Permit - If some conditions
exist at a pool that represent an immediate imminent health
hazard to the public, the Director Division may suspend the
operating permit and order immediate closure and issue a
written notice for immediate closure, without a hearing upon
written notice for a period not to exceed ten (10) fifteen (15)
days. This notice shall be delivered to either the lifeguard/
operator or the person in charge. The suspension shall be
effective upon delivery receipt of written the notice by the
person in charge and a closure notice suspension statement
on the sanitary survey report constitutes a written notice.
The person in charge shall yield the permit to the Division.
This written notice shall state the reason(s) for the
suspension/closure and the person in charge shall be
requested to yield the permit to the Director. A sign stating
that the pool is closed may be posted at the bather entry
point(s) and this sign shall be removed only by, or with the
consent of the Director. A suspension/closure notice shall be
issued for any of the following conditions:*
a. The clarity of the water is not in compliance
with the provisions of Section 26.603.
b. The bacteriological quality of the pool water is
not in compliance with the provisions of Section 26.604.
c. The pH of the pool water is less than 7.2 or
greater than 7.8.
d. The automatic disinfection system is not
functioning properly, or, there is no automatic disinfection
system or disinfectant present.
e. The free chlorine residual is less than the level
specified in Section 26.606.
f. The bromine residual is less than the level
specified in Section 26.606.
g. The cyanuric acid level is greater than one
hundred (100) ppm.
h. The recirculation pump is not operating or not
present.
i. The filter is not operating or not present.
j. There is no qualified lifeguard or attendant on
duty (unless exempted by 16 Delaware Code).
k. The water temperature exceeds 104°F in a spa
pool.
l. There is a bare electrical wire or other obvious
electrical hazard present.
m. The lighting is not in compliance with the
provisions of Section 26.310 and because of this, the
following are not clearly visible without glare from the deck:
the main drain(s) and all bottom markings; or a black disk
six (6) inches in diameter superimposed upon a white field
and placed on the bottom at the deepest point.
n. A bottom drain cover/grate is missing, broken,
or not properly secured.
o. An authorized representative of the Division is
denied immediate access to the pool pursuant to Section
26.207.
p. Fecal material is discharged into the pool
water. (NOTE-Contact the Division for the current
procedure for handling fecal contamination).
q. The facility fails to provide an approved pool
operator pursuant to Section 26.205.
r. There is any other condition, or combination of
conditions which may endanger the health, safety, or welfare
of the bathers.
*If the person in charge, the pool operator or the
lifeguard/attendant determines that any of the above
conditions exist, they shall immediately close the pool. The
Division shall be notified of the closure and the pool shall
remain closed until the condition is satisfactorily corrected.
Within five (5) days of receipt of a suspension
notice, The person in charge of the pool may request in
writing, to the Division at any time during the suspension, a
sanitary survey for the purpose of showing that the imminent
health hazard no longer exists. The person in charge of the
pool may also request, in writing, to the Division at any time
during the suspension, an administrative hearing to
challenge the findings of the sanitary survey that resulted in
the pool closure. When the Division determines that the
imminent health hazard no longer exists, the suspension
shall be terminated and the permit returned. If the Division
determines that the imminent health hazard has not been
corrected and that the hazard still exists, the suspension
remains in force pending a hearing and the Division may
recommend that the permit be revoked. a hearing before the
Director for the purpose of demonstrating that the imminent
public health hazard no longer exists. If a hearing is
requested, it shall be scheduled within ten (10) days. At least
five (5) days prior to the hearing, the person in charge shall
be notified of the date, time and place. After the hearing, if
the Director determines that the public health hazard no
longer exists, the suspension shall be immediately lifted. If,
however, the Director determines that the public health
hazard still exists, the suspension shall continue, and the
Director may recommend that the permit be revoked. The
person in charge may appeal the decision of the Director to
the Secretary, DHSS. However, any such appeal does not
stay the decision. This appeal must be in writing and must
be filed with the offices of the Secretary, DHSS, in Dover,
Delaware within ten (10) days of the Director's decision.
The Secretary, DHSS, shall hear this appeal at the earliest
opportunity.
26.1203 Administrative Hearings for Serious Violations
and Repeat Violations - If any condition listed in Section
26.1202 is not corrected within fifteen (15) days or if there
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1164 PROPOSED REGULATIONS
are repeated violations of any provision of these
Regulations, the person in charge of the pool requests a
hearing pursuant to 26.1202, the Division Director shall
schedule an administrative hearing within ten (10) days of
the request of such a determination. The purpose of the
hearing is to determine if the suspension should be lifted. At
least five (5) days prior to the hearing, the person in charge
of the pool shall be notified of the date, time, place, and the
specific reason(s) for the hearing. After this hearing the
Director may establish a compliance schedule, suspend the
permit for a period not to exceed ninety (90) days or may
recommend revocation of the permit. Failure of the person
in charge to be present for an administrative hearing shall
result in automatic suspension of the permit and
recommendation for revocation to the Secretary, DHSS. The
person in charge may appeal the decision of the Director to
the Secretary, DHSS. However, any such appeal does not
stay the decision. This appeal must be in writing and must
be filed with the office of the Secretary, DHSS in Dover,
Delaware within ten (10) days of the Director's decision.
The Secretary, DHSS shall hear this appeal at the earliest
opportunity.
26.1204 Serious Violations, Repeat Violations and
General Unsanitary Conditions - If serious violations,
repeat violations, or general unsanitary conditions exist, the
Division may issue and properly serve due notice, by
certified mail or by hand delivery, of the intention of the
Division to suspend or revoke the permit of a pool. The
Division shall, not suspend or revoke a permit of a pool for
serious or repeated violations that do not present an
imminent health hazard, without having first issued and
properly served such notice of intent to suspend or revoke.
Within thirty (30) days of the date of such notice of intent to
suspend or revoke, the permit holder may submit to the
Division a written request for an administrative hearing. The
suspension or revocation shall commence upon expiration of
the notice of intent, unless within thirty (30) days of the date
of such notice, the Division receives from the permit holder
a written request for an administrative hearing. If the permit
holder makes a timely request for an administrative hearing,
the suspension or revocation shall be stayed pending the
results of the hearing. A conspicuous, colored placard shall
be prominently displayed at all entrances of a pool whose
permit stands suspended or revoked.
26.1205 Pool Permit Holder Right to an Administrative
Hearing - Upon due notice that the Division intends to
suspend or revoke the permit of a pool as indicated in
26.1204, or for other reasons to protect public health, the
permit holder may submit to the Division, within thirty (30)
days of the date of such notice of intent, a written request for
an administrative hearing. When an administrative hearing
is scheduled, the permit holder of the pool shall be informed
at least five (5) days prior to the hearing of the place, time
and date of the hearing and the specific charges against the
pool. Notification of the hearing shall be by certified mail or
by hand delivery. Failure of the permit holder to be present
for an administrative hearing shall result in automatic
suspension of the permit and recommendation for
revocation.
26.1206 Records of Administrative Hearings - Records
shall be made of all hearing proceedings and shall become
documents of record. A written report of the hearing
decision shall be furnished by the Division to the permit
holder of the pool to the Secretary, DHSS, the Office of
Health Systems Protection and the person in charge of the
pool within ten (10) days following the hearing.
26.1207 Reapplication After Revocation - The person in
charge of a pool may make written application for a new
permit ninety (90) days after the revocation of a permit has
become final.
SECTION 26.13 ENFORCEMENT AND
INTERPRETATION
No provisions of Sections 26.3, 26.4, 26.5, 26.8, 26.9,
26.10 of these Regulations shall be applied retroactively, or
interpreted to require reconstruction, alteration or
replacement of a pool, or any part of a pool, which has been
approved by the Division and which has been installed or is
under construction. If, however, a pool or any part of a pool
is reconstructed, altered or replaced, or if a private pool is
converted to a public pool after the effective date of these
Regulations, this conversion, reconstruction, alteration or
replacement shall meet all of the provisions of these
Regulations.
SECTION 26.14 PENALTY
Any person who neglects or fails to comply with the
requirements of these Regulations shall be subject to the
provisions of penalty as provided in 16 Delaware Code
Section 107, and shall be fined not less than $100 and not
more than $1000, together with the costs, unless otherwise
provided by law.
SECTION 26.15 REPEAL, DATE OF EFFECT AND
AMENDMENTS
All regulations or parts of Regulations in conflict with
these Regulations are hereby repealed, and these Regulations
shall be in full force and effect on the date of adoption by the
Secretary, DHSS. The Secretary, DHSS, may propose
changes to the Regulations herein established and shall hold
at least one public hearing on the proposed changes. At least
thirty (30) days in advance of the public hearing, notice of
proposed changes shall be published in at least two
newspapers of general circulation in the State. Notice shall
include a brief synopsis of the changes to be made,
information on when and where the proposed changes may
be reviewed by the public, the procedure for submitting
comments, and the time, date and location of the public
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1165
hearing. A hearing officer shall be appointed by the
Secretary, DHSS, and a record shall be kept of the hearing.
SECTION 26.16 SEPARABILITY
If any provision of these Regulations should be declared
invalid for any reason, the decision shall not affect the
remaining provisions, which shall remain in full force and
effect, and to this end, the provisions of the Regulations are
hereby declared separable.
APPENDIX A
All chemicals in pool water affect the tendency of the
water to be corrosive or to deposit a calcium carbonate scale.
It is possible to control these two (2) conditions through the
use of the Langelier Index (L.I). The index was developed in
1936 by Professor W. F. Langelier at the University of
California (Berkeley). It expresses the relationship between
pH, alkalinity, calcium hardness and temperature. The
resulting number (formula method - below) or position on
the nomograph (nomograph method - Appendix B) indicates
whether the pool water is chemically "balanced." In theory,
pool water that is "balanced" will neither corrode nor deposit
a scale.
LANGELIER INDEX/WATER BALANCE
FORMULA METHOD
"Balanced" pool water has an L.I. between -0.3 and +0.3.
An L.I. that is greater negatively than -0.3 indicates a
corrosive water and an L.I. greater than +0.3 indicates a
water that will deposit scale. After determining the pool
water pH, alkalinity, calcium hardness and temperature, find
the alkalinity factor (AF), calcium hardness factor (CHF)
and temperature factor (TF) using the table below. Use the
pH and these three (3) factors in the following equation:
L.I. = pH + AF+ CHF + TF - 12.1
FACTORS NECESSARY TO CALCULATE THE L.I.
Alkalinity Hardness Temp. (°F)
Factor Factor Factor
Calcium
5 ppm 0.7 5 ppm 0.3 32 0.1
25 ppm 1.4 25 ppm 1.0 37 0.1
50 ppm 1.7 50 ppm 1.3 46 0.2
75 ppm 1.9 75 ppm 1.5 53 0.3
100 ppm 2.0 100 ppm 1.6 60 0.4
150 ppm 2.2 150 ppm 1.8 66 0.5
200 ppm 2.3 200 ppm 1.9 76 0.6
300 ppm 2.5 300 ppm 2.1 84 0.7
400 ppm 2.6 400 ppm 2.2 94 0.8
800 ppm 2.9 800 ppm 2.5 104 0.9
SAMPLE PROBLEM
A pool water has the following characteristics: pH-7.4;
alkalinity-50; calcium hardness-50 ppm; temperature-78°F.
Using the tables above, the factors are 1.7 for alkalinity, 1.3
for calcium hardness; and 0.6 for temperature. Using the
formula:
L.I. - 7.4 + 1.7 + 1.3 = 0.6 - 12.1 + -1.1
This pool water is not balanced and is corrosive. The
pH is within the required range and almost ideal, however,
the alkalinity and calcium hardness should be much higher
(see Appendix B). Alkalinity can be raised by adding
sodium bicarbonate (baking soda) and lowered by adding
muriatic acid or sodium bisulfate (dry acid). Calcium
hardness can be raised by adding calcium chloride but can
only be lowered by replacing part or all of the pool water
with lower calcium hardness water.
APPENDIX B
LANGELIER INDEX/WATER BALANCE
NOMOGRAPH METHOD
Measure the pool water pH, alkalinity and calcium
hardness. The pH must be 7.2 - 7.8 pH can be raised by
adding sodium carbonate (soda ash) and can be lowered by
adding carbon dioxide (CO2), muriatic acid or sodium
bisulfate (dry acid). Using the 104°F pH scale for spa pools
and the 76°F pH scale for other pools, use a straight edge to
line up the pH and alkalinity readings. The point where this
extended line intersects the calcium hardness line is the level
of calcium hardness needed for the water to be balanced. Do
the same for pH and calcium hardness to get the alkalinity
level needed for balance. The alkalinity and calcium
hardness levels needed should be within the recommended
ranges. Alkalinity can be raised by adding sodium
bicarbonate (baking soda) and lowered by adding muriatic
acid or sodium bisulfate (dry acid). Calcium hardness can be
raised by adding calcium chloride but can only be lowered
by replacing part or all of the pool water with lower calcium
hardness water.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1166 PROPOSED REGULATIONS
DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code,
Section 107 (31 Del.C. §107)
Public Notice
Transitional Medicaid Program
In compliance with the State's Administrative
Procedures Act (APA - Title 29, Chapter 101 of the
Delaware Code) and with 42CFR §447.205, and under the
authority of Title 31 of the Delaware Code, Chapter 5,
Section 107, Delaware Health and Social Services (DHSS) /
Division of Social Services / Medicaid/Medical Assistance
Program is proposing to amend the policy of the Transitional
Medicaid Program in the Division of Social Services Manual
(DSSM).
Any person who wishes to make written suggestions,
compilations of data, testimony, briefs or other written
materials concerning the proposed new regulations must
submit same to Sharon L. Summers, Policy and Program
Implementation Unit, Division of Social Services, P.O. Box
906, New Castle, Delaware by March 31, 2003.
The action concerning the determination of whether to
adopt the proposed regulation will be based upon the results
of Department and Division staff analysis and the
consideration of the comments and written materials filed by
other interested persons.
Summary of Proposed Change: Transitional Medicaid
Program
To ensure Federal Financial Participation (FFP) back to
October 2002, a state plan amendment was submitted to the
Centers for Medicare and Medicaid Services (CMS), on
November 22, 2002, to continue Transitional Medicaid using
the authority at Section 1931(d) of the Social Security Act.
Section 1931(d) allows states to continue IV-A waivers if the
waiver affects Medicaid eligibility even after the date the
waiver would otherwise expire. CMS has rejected the plan
amendment language because upon their determination only
certain IV-A items can continue. As such, the language in
the state plan was changed to indicate that DSS is using the
authority at Section 1931(b)(2)(C) instead of Section
1931(d) to continue the IV-A waivers. To ensure
compatibility with the plan amendment, the rules in the
Division of Social Services Manual (DSSM) must change.
DSS PROPOSED REGULATIONS #03-09
REVISIONS:
15120.2 Financial Eligibility
TANF rules on income standards and methodologies
(disregards, exclusions, allocations) apply to Section 1931
Medicaid except as provided in this section.
For Section 1931 Medicaid, there are two income tests
to determine financial eligibility. The first test is a gross
income test and the second is a net income test. For the
gross income test, compare the family's gross income to
185% of the applicable standard of need. For the net income
test, compare the family's net income to the applicable
standard of need.
Financial eligibility for both applicant and recipient
families will be calculated using the 30 and 1/3 disregard if
applicable. This disregard allows the deduction of $30 plus
1/3 of the remaining earned income after the standard
allowance for work connected expenses is subtracted.
The $30 plus 1/3 disregard is applied to earned income
for four (4) consecutive months. If Medicaid under Section
1931 or employment ends before the fourth month, the
earner is eligible for the disregard for four (4) additional
months upon reapplication or re-employment.
When an earner's wages are so low ($90 or less in the
month) that the income is zero before any part of the $30
plus 1/3 disregard can be applied, that month does not count
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1167
as one of the four (4) consecutive months and the earner is
eligible for the disregard for four (4) additional months.
After the $30 plus 1/3 disregard has been applied for
four (4) consecutive months, the 1/3 disregard is removed
from the budget. The $30 disregard continues to be
deducted from earned income for eight (8) consecutive
months. The $30 disregard is not repeated if an individual
stops working or 1931 Medicaid ends before the completion
of the eight (8) consecutive months. If 1931 Medicaid ends
and the family reapplies, the $30 disregard from earned
income is continued until the end of the original eight (8)
consecutive months.
Unlike the $30 plus 1/3 disregard which is dependent
upon the family having sufficient earned income and being
1931 Medicaid recipients, the $30 disregard is for a specific
time period. This time period begins when the $30 plus 1/3
disregard ends and is not dependent upon the family having
earned income or 1931 Medicaid.
When an earner has received the $30 and 1/3 disregard
in four (4) consecutive months and the $30 deduction has
been available for eight (8) consecutive additional months,
neither disregard can be applied to earned income until the
individual has not received the 30 and 1/3 disregard for
twelve (12) consecutive months.
All earned income is disregarded for the second and
third months of eligibility.
All earned income is disregarded for recipients for 12
months after employment causes ineligibility.
Any diversion assistance provided does not count as
income.
Resources are not counted for Medicaid under Section
1931.
15200 Transitional Medicaid
The Family Support Act of 1988, PL 100-485,
mandated that effective April 1, 1990, states provide health
care coverage known as Transitional Medical Assistance for
up to twelve months for families who become ineligible for
AFDC due to increased earnings, increased hours of
employment, or loss of earned income disregards.
The Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA), P.L. 104-193,
repealed the AFDC program and replaced it with a program
of block grants to states for Temporary Assistance for Needy
Families (TANF). Delaware implemented its TANF
program, Delaware's A Better Chance Welfare Reform
Program (DABC), on March 10, 1997.
Prior to PRWORA, a family's eligibility for
Transitional Medicaid was linked to receipt of AFDC.
Under PRWORA, a family's eligibility for transitional
Medicaid is linked to receipt of Medicaid under Section
15120, "Low Income Families with Children under Section
1931".
The eligibility group described in "Low Income
Families with Children under Section 1931", will be
referred to as "receiving Medicaid under Section 1931"
throughout this section.
Delaware's welfare reform waiver, "Delaware's A
Better Chance Welfare Reform Program" (DABC) includes
included a modification to the length of the Transitional
Medicaid period. The DABC waiver extends extended
Transitional Medicaid benefits for up to 24 months. This
waiver expires expired on September 30, 2002. DSS will
use the option under Section 1931(d) of the Social Security
Act to continue the 24-month Transitional Medicaid
extension. DSS will use the option under Section
1931(b)(2)(C) of the Social Security Act to disregard all
earned income for 12 months after employment causes
ineligibility for a family under Section 1931. (See DSSM
15120.2.) Effective October 1, 2002, Transitional Medicaid
coverage extends for up to one year. The year is divided into
two periods of six months each. Families who establish
eligibility for Transitional Medicaid prior to October 1,
2002, may be eligible for up to 24 months of Transitional
Medicaid. Families who establish eligibility for Transitional
Medicaid on or after October 1, 2002 may be eligible for up
to 12 months of Transitional Medicaid.
Families must meet the initial eligibility requirements
described in this section to receive the first 12 six months of
coverage. Families can be eligible when their income
exceeds either 185% of the standard of need or the standard
of need.
To continue to receive Medicaid for the second 12 six
months, the family's gross earned income less dependent
care costs must be at or below 185% FPL. Dependent care
costs are for the care of dependent children or incapacitated
persons living in the home. Family income will be budgeted
prospectively.
15200.1 Initial Eligibility for First Six Months
At the time a family becomes ineligible for Medicaid
under Section 1931 determine whether the family meets the
following three requirements.
(Break in continuity of sections)
15200.4First Month Of Transitional Medicaid
Transitional Medicaid begins with the month of
ineligibility for Medicaid under Section 1931 due to an
increase in earned income or loss of earned income
disregards. The month of ineligibility for Medicaid under
Section 1931 is the month in which the family's income
exceeds either 185% of the standard of need or the standard
of need.
Someone who is not timely in reporting the start of
employment or increased wages could have their family's
transitional benefits reduced so that they only receive the 24
12 months of transitional coverage from when they should
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1168 PROPOSED REGULATIONS
have been closed. But, we will not totally disqualify a
family.
15200.5 Eligibility During First 12-Six Month Period
The family will receive Transitional Medicaid without
any reapplication for the first 12 six months. The family
must be notified when they lose eligibility for Medicaid
under Section 1931 that they are eligible for Transitional
Medicaid and the reasons why the benefits could be
terminated. DCIS will automatically notify Transitional
Medicaid families and issue cards for the family members.
The notice will include information about termination of
benefits.
15200.5.1 Child Living in the Home
To continue to receive Medicaid throughout the first 12-
six-month period the following conditions must be met in
addition to the initial eligibility requirements:
• there is a child living in the home.
The rules of Medicaid under Section 1931 are used
to determine if a child is living in the home. When it is
determined that a family no longer has a child living in the
home, the family is no longer eligible under this program.
The case must be reviewed to determine if the family
members are eligible for Medicaid under another program.
15200.6 Eligibility During Second 12- Six Month Period
A redetermination of eligibility must be completed at
the end of the first 12-month period.
To continue to receive Medicaid during the second 12-
six-month period, the conditions listed in 15200.6.1,
15600.6.2 and 15600.6.3 must be met in addition to the
initial eligibility requirements.
15200.6.1 Child Living in the Home
To continue to receive Medicaid throughout the second
12- six-month period there must be a child living in the
home.
The rules of Medicaid under Section 1931 are used to
determine if a child is living in the home. When it is
determined that a family no longer has a child living in the
home, the family is no longer eligible under this program.
The case must be reviewed to determine if the family
members are eligible for Medicaid under another program.
15200.6.2 Employment of Caretaker Relative
To continue to receive Medicaid throughout the second
12- six-month period a caretaker relative must be employed
during each month unless good cause exists.
15200.6.3 Limit on Gross Monthly Earnings
The family's gross monthly earnings (less the monthly
costs of necessary dependent care) are at or below 185% of
the Federal Poverty Level (FPL) and continue to be at or
below 185% FPL throughout the second 12- six month
period. The FPL is effective each July for Transitional
Medicaid.
There are no limits on necessary dependent care costs.
Prospective budgeting is used to determine family income.
Do not add unearned income to earned income. Count the
earned income of all family members living in the home who
were members of the family unit the month the family
became ineligible for Medicaid under Section 1931 and any
individual who would be included in the caretaker relative's
assistance unit if the family were now applying for Medicaid
under Section 1931.
Exception: Do not count the earned income of a
dependent child, regardless of student status.
15200.7 24- 12-Month Period of Eligibility
A family gets 24 12 months of Transitional Medicaid
from the month of ineligibility for Medicaid under Section
1931, even if they become eligible again for Medicaid under
Section 1931. The clock on the2412-month period does not
stop running when eligibility for Medicaid under Section
1931 is reestablished. The 24 12 months of Transitional
Medicaid run concurrently with months of eligibility for
Medicaid under Section 1931.
If the family again loses eligibility for Medicaid under
Section 1931 for non-work reasons, the transitional benefit
period is unaffected. If the family is terminated again for
earned income reasons, a new transitional period may begin.
15200.8 Termination of Eligibility
Eligibility for Transitional Medicaid may be terminated
in either the first or second 12- six month period for the
reasons described below.
15200.8.1 First 12- Six Month Period
Eligibility for Transitional Medicaid will be terminated
during the first 12- six month period if the family no longer
has a child living in the home. Use the definition for child as
defined under Section 1931 Medicaid. A child is under age
18 or is under age 19 and who is still a full-time student in
high school, GED, or equivalent program and will graduate
prior to his or her 19th birthday. Emancipated minors are
considered adults.
Eligibility will also be terminated if the family is found
to have received Medicaid under Section 1931
"fraudulently" in the preceding six months. Fraud is defined
at the end of this section.
15200.8.2 Second 12- Six-Month Period
Eligibility for Transitional Medicaid will be terminated
if:
• the family no longer has a child living in the home
• the caretaker relative is no longer employed and
good cause does not apply
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1169
• the family's monthly gross earned income minus
dependent care costs exceeds 185% FPL.
We must explore eligibility for any other Medicaid
program before Transitional Medicaid is terminated.
DEPARTMENT OF INSURANCE
18 DE Admin Code 1310
Statutory Authority: 18 Delaware Code,
Sections 311, 2304(16), and 2312
((18 Del.C. §§311, 2304(16), and 2312))
Notice Of Public Hearing
Insurance Commissioner Donna Lee H. Williams
hereby gives notice that a public hearing will be held on
Wednesday, March 26, 2003, at 10:00 a.m. in the Hearing
Room of the Delaware Department of Insurance, 841 Silver
Lake Boulevard, Dover, Delaware. The hearing is to
consider amendments to Regulation 1310 (formerly
Regulation 80) relating to the Standards For Prompt, Fair
And Equitable Settlement Of Claims For Health Care
Services
The purpose for amending Regulation 1310 is to redefine
certain terms and to reduce the number of days in
which a health insurer may pay a clean claim from 45 to 30.
Additionally, the regulation will be re-numbered to conform
to the format required by the Registrar of Regulations. This
is a second hearing to consider amendments to the regulation
resulting from public comment on the regulation as
originally proposed.
The hearing will be conducted in accordance with the
Delaware Administrative Procedures Act, 29 Del. C.
Chapter 101. Comments are being solicited from any
interested party. Comments may be in writing or may be
presented orally at the Hearing. Written comments must be
received by the Department of Insurance no later than
Tuesday March 25, 2003, at 2:00 p.m. and should be
addressed to Deputy Attorney General Michael J. Rich,
Delaware Department of Insurance, 841 Silver Lake
Boulevard, Dover, DE 19904. Those wishing to testify or
give an oral statement must notify Michael J. Rich at (302)
739-4251, Ext. 171 no later than Tuesday, March 25, 2003.
REGULATION 801310
STANDARDS FOR PROMPT, FAIR AND
EQUITABLE SETTLEMENT OF CLAIMS FOR
HEALTH CARE SERVICES
Adopted and signed on July 2, 1998
Effective November 4, 1998
Amended effective__________________
1.0 Authority
This regulation is adopted by the Commissioner
pursuant to 18 Del. C. §§ 311, 2304(16), and 2312. It is
promulgated in accordance with 29 Del. C. Chapter 101.
2.0 Definitions
For the purpose of this regulation, the following
definitions shall apply:
a. Health Insurer - health insurance companies, health
maintenance organizations, health service corporations and
any other entity providing a plan of health insurance or
benefits subject to state insurance regulations.
b. Health Care Provider - any entity or individual
licensed, certified or otherwise permitted by law to provide
health care in the ordinary course of business, practice or
profession.
c. Policyholder - a person covered under a health
insurance policy or a representative designated by such
person and entitled to make claims on his or her behalf.
d. Clean Claim - a claim that has no defect or
impropriety (including any lack of any required
substantiating documentation) or particular circumstance
requiring special treatment that substantially prevents timely
payments from being made on the claim.
2.1 "Carrier" or "Health Insurer" shall have the
same meaning applied to it by 18 Del.C. § 3343(a)(1).
2.2 "Clean Claim" shall mean a claim that has no
defect or impropriety (including any lack of any required
substantiating documentation) or particular circumstance
requiring special treatment that substantially prevents timely
payments from being made on the claim.
2.3 "Health Care Provider" shall mean any entity or
individual licensed, certified or otherwise permitted by law
pursuant to Titles 16 or 24 of the Delaware Code to provide
health care services.
2.4 "Policyholder," "Insured" or "Subscriber" shall
be a person covered under a health insurance policy or a
representative designated by such person and entitled to
make claims on his or her behalf.
3.0 Scope
This regulation shall apply to all health insurers as
defined in Section 2above, and shall apply to all plans or
policies of health insurance or benefits delivered or issued
for delivery in this State and which cover residents of this
State or employees of employers located in this State and
their dependents. Exempted from the provisions of this
regulation are policies of automobile and workers
compensation insurance, hospital income and disability
income insurance, Medicare supplement and long-term care
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1170 PROPOSED REGULATIONS
insurance.
4.0 Purpose
The purpose of this regulation is to ensure that health
insurers pay claims to policyholders and health care
providers in a timely manner. This regulation will establish
standards for both determining promptness in settling claims
and determining the existence of a general business practice
for failing to promptly settle such claims under 18 Del. C. §
2304(16).
5.0 Prompt Payment of Claims
5.1 A health insurer shall pay a clean claim to a
policyholder or covered person, or make payment to a health
care provider no later than 3045 calendar days after receipt
of an electronically filed clean claim or bill for services and
no later than 45 calendar days after receipt of a paper filed
clean claim for services.
5.2 A claim is not a clean claim as defined in section 2
d.2.2 if any of the following circumstances exist:
5.2.1 Where the obligation of a health insurer to
pay a claim or make a payment for health care services
rendered is not reasonabley clear due to a good faith dispute
regarding the eligibility of a person for coverage, the liability
of another insurer or corporation for all or part of a claim, the
amount of the claim, the benefits covered under a contract or
agreement, or the manner in which services were accessed or
provided.
5.2.2 Where there exists a reasonable basis
supported by specific information, available for review by
the Department, that such claim was submitted fraudulently.
5.2.3 For claims properly disputed or litigated
and subsequently paid.
5.3 In those cases covered by subparagraph b(1)
abovesection 5.2.1, a health insurer shall pay all portions of a
claim meeting the definition of clean claim found in section
2 d. in accordance with subsection 5 a hereofthis section 5.1.
Additionally, a health insurer shall notify the policyholder
party financially responsible for the payment of the claim in
writing within 3015 days of the receipt of the claim:
5.3.1 that such carrier is not obligated to pay the
claim or make the medical payment, in whole or in part,
stating the specific reasons why it is not liable; or
5.3.2 that additional information is needed and
is being sought to determine liability to pay the claim or
make the health care payment.
5.4 Upon receipt of the information provided in
subparagraph c(2) above required by section 5.3.2, or upon
the administrative resolution of a dispute wherein the health
insurer is deemed obligated to pay the claim or make
medical payment, a health insurer shall comply with
paragraph "a." of this sectionmake payment as required by
section 5.1.
6.0 General Business Practice
6.1 Within a 36 month period, three instances of a
health insurer's failure to pay a Claim or bill for services
promptly, as defined in section 5 above, shall give rise to a
rebuttable presumption that the insurer is in violation of 18
Del. C. § 2304 (16)(f). In determining whether the
presumption is rebutted the Commissioner may consider,
among other things, whether the health insurer meets
nationally recognized timeline standards for claims
payments such as those applicable to the Medicare,
Medicaid or Federal Employees Health Benefit Plan
programs.
6.2 The 36 month time period established in paragraph
"a." above section 6.1 shall be measured based upon the date
the claims or bills became due. Each claim or bill, or portion
of a claim or bill, pertaining to a single medical treatment or
procedure provided to an individual policyholder that is
processed in violation of this regulation shall constitute an
"instance" as described in paragraph "a." above section 6.1.
7.0 Penalties
In addition to the imposition of penalties in accordance
with 18 Del. C. § 2312(b), the Commissioner may order the
health insurer to pay to the health care provider or claimant,
in full settlement of the claim or bill for health care services,
the amount of the claim or bill plus interest at the maximum
rate allowable to lenders under 6 Del. C. 2301(a). Such
interest shall be computed from the date the claim or bill for
services first became due.
8.0 Causes of Action
This regulation shall not create a cause of action for any
person or entity, other than the Delaware Insurance
Commissioner, against a health insurer or its representative
based upon a violation of 18 Del. C. § 2304 (16).
9.0 Separability
If any provision of this regulation or the application of
any such provision to any person or circumstances, shall be
held invalid, the remainder of such provisions, and the
application of such provision to any person or circumstance
other than those as to which it is held invalid, shall not be
affected.
10.0 Effective Date
This regulation, as amended, shall become effective
12090 days from the date signed by the Commissionerafter
its publication in the Register of Regulationson July 1, 2003.
Adopted And Signed By The Commissioner
______________________, 2003
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1171
DEPARTMENT OF LABOR
DIVISION OF INDUSTRIAL AFFAIRS
Statutory Authority: 29 Delaware Code,
Section 8503(7) (29 Del.C. §8503(7))
PLEASE NOTE: THE FOLLOWING REGULATION IS A
REPROPOSAL AND REPLACES THE PROPOSED REGULATION
FOUND IN THE NOVEMBER 2002 ISSUE OF THE REGISTER
ON PAGE 602 (6 DE REG. 202 (11/1/02))
Clean Indoor Air Act Regulations
Notice of Public Comment
Interested parties are invited to present their views at the
public hearing which is scheduled as follows:
9:00 a.m., Monday, March 24, 2003
Division of Motor Vehicles
Second Floor Conference Room
Public Safety Building
303 Transportation Circle
Dover, DE 19901
Interested parties can obtain copies of the proposed
regulations at no charge by contacting the Office of Labor
Law Enforcement at:
4425 North Market Street
Wilmington DE 19802
or by telephone at (302) 761-8318.
Delaware Clean Indoor Air Act Regulations
Adopted:9/15/95
I. Introduction.
The General Assembly finds that it is in the best interest
of the people of this State to protect non-smokers from
involuntary exposure to environmental tobacco smoke in
most indoor areas open to the public, in public meetings,
food service establishments, and places of employment.
The General Assembly recognizes that a balance should
be struck between the health concerns of nonconsumers of
tobacco products and the need to minimize unwarranted
governmental intrusion into and regulation of private spheres
of conduct and choice with respect to the use or nonuse of
tobacco products in certain designated public areas and in
private places. Therefore, the General Assembly declares
that the purpose of the "Clean Indoor Air Act" is to preserve
and improve the health, comfort and environment of the
people of this State by limiting exposure to tobacco smoke.
The Department of Labor has been charged with the
enforcement of this Act as it applies to employers,
employees, places of employment and the work place.
II. Definitions
The words, terms and phrases used in these Regulations,
shall have the meaning ascribed to them in this section,
except where the context clearly indicates a different
meaning.
1. "Act" means 16 Del.C. §§2901 et seq., the
"Clean Indoor Air Act".
2. "Employer" means any person, partnership,
association, corporation or nonprofit entity that employs one
or more persons, including the legislative, executive, and
judicial branches of state government; any county, city,
town, village or political subdivision of the state, public
improvement or special district, public authority,
commission, agency or public benefit corporation; or any
other separate corporate instrumentality or unit of state or
local government.
C. "Place of employment" means any indoor area
or portion thereof under the control of an employer in which
employees of the employer perform services, but that is not
generally accessible to the public.
D. "Smoke-free work area" means an indoor area
in a place of employment where no smoking occurs. Such
area shall be clearly designated and separate from any
smoking area.
E. "Smoking" means the burning of a lighted
cigarette, cigar, pipe or any other matter or substance that
contains tobacco.
F. "Smoking area" means an enclosed indoor area
in which smoking is permitted. Such smoking area shall be
clearly designated and separate from any area in which
smoking is not permitted. In a place of employment, the
smoking area shall be separated from a smoke-free work
area by walls or some other means equally effective in
reducing the effects of smoke on the smoke-free work area,
other than ventilation systems or air cleaning devices.
G. "Work area" means an area in a place of
employment where one or more employees are routinely
assigned and perform services for their employer.
III. Requirements In Places Of Employment.
A. Written Smoking Policy. Each employer shall adopt
and implement a written smoking policy that contains at
least the following:
1. the provision of a work area where no smoking
occurs for each employee who requests one;
2. a notice that the employer is not required to
incur any expense to make structural or physical
modifications to accommodate individual preferences. If a
satisfactory accommodation cannot be reached, the
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1172 PROPOSED REGULATIONS
preferences of non-smoking employees shall prevail;
3. the provision that the employer may set aside a
work area for smoking;
4. the provision of non-smoking areas in
employee cafeterias, lunch rooms and lounges. The nonsmoking
areas in employee cafeterias and lunchrooms shall
be sufficient to meet employee demand;
5. a procedure to resolve employee disputes and
objections arising under the smoking policy; and
6. a statement providing that the employer will
not retaliate or take any adverse personnel action against any
employee exercising his or her rights under the Act.
B. Postinq of Smokinq Policy. Employers shall
post the smoking policy in normal employee posting areas.
IV. Sign Posting Requirements.
"Smoking" or "No Smoking" signs, or the international
"No Smoking" symbol (which consists of a pictorial
representation of a burning cigarette enclosed in a circle with
a bar across it) shall be prominently posted and properly
maintained where smoking is regulated by the provisions of
the Act. These signs shall be posted and maintained by the
employer, owner, operator, manager or other person having
control of the indoor area of the place of employment.
V. Violations And Administrative Penalties.
1. Violations. The following acts constitute violations
of these regulations:
1. permitting smoking in an area which has
been designated as a non-smoking area;
2. failing to post a non-smoking sign as required
by Section IV;
3. willfully destroying or defacing a required
posted sign;
4. failing to adopt a smoking policy as set forth
in section III, Subsection A; and
5. failing to designate a non-smoking area as
required by these regulations.
2. Administrative Penalties. Any person who violates
any provision of these regulations shall be subject to an
administrative penalty of $25 for the first violation and not
less than $50 for each subsequent violation.
VI. Enforcement.
A. Complaint. Any person may file a complaint with
the Office of Labor Law Enforcement alleging a violation of
any provision of this section. The Complaint shall be in
writing, and shall set forth the specifics of any alleged
violation of the Act. The Complaint shall be directed to the
Administrator of the Office of Labor Law Enforcement.
B. Enforcement Actions. Upon complaint to the Office
of Labor Law Enforcement, the Administrator will assign
the Complaint for investigation to a Labor Law Enforcement
Specialist. The Office of Labor Law Enforcement, upon a
determination that a violation has occurred, shall enforce the
provisions of this section of the Act as follows:
1. The Office of Labor Law Enforcement may
serve notice requiring the prompt correction by the owner,
proprietor, manager or other person having the authority to
manage and control any place of employment, of any
violation of this section. Such notice will give a specified
date on which compliance is required. Follow-up action will
be taken to ensure compliance.
2. If prompt corrective action is not taken in
accordance with the foregoing notice, the Office of Labor
Law Enforcement may issue to any person a citation for
payment of administrative penalties as outlined in Section V,
Subsection B.
C. Waiver of Provisions. The Director of the Division
of Industrial Affairs, upon written request, may waive the
provisions of these Regulations, if it is determined that there
are compelling reasons to do so, providing that such waiver
will not significantly affect the health and comfort of
nonconsumers of tobacco products. The Director shall make
a decision as to whether a waiver should be granted within
thirty (30) days after receipt of the written request. This
waiver may be revoked by the Director at any time should
the Director believe that there are no longer compelling
reasons for the waiver.
VII. Preemption And Severability.
A. Preemption. The provisions of 16 Del.C. §§2901 et
seq. and the provisions of these Regulations shall preempt
and supersede any provisions of any municipal or county
ordinance or regulation on the same subject which were
enacted or adopted after the effective date of the Act.
B. Severability. If any provision of the "Clean Indoor
Air Act" or these Regulations, or any portion thereof or the
application or method of implementation is held invalid, the
remainder of the Act and these Regulations shall not be
affected by such holding and shall remain in full force and
effect.
VIII. Subsequent Modification Of Regulations.
The Secretary of Labor may, upon her/his own motion
or upon the written request of any member of the public
setting forth reasonable grounds therefore, revoke or modify
these regulations, after an opportunity has been given to
members of the public to present their views on the proposed
changes. These regulations shall take effect thirty (30)days
after the date of adoption.
Approved and adopted this 15th day of September, 1995
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1173
Darrell J. Minott, Secretary of Labor
DELAWARE DEPARTMENT OF LABOR
DIVISION OF INDUSTRIAL AFFAIRS
Proposed Regulations for Public Consideration:
Title 16- Health and Safety, Chapter 29-Clean Indoor Air
Act, affecting places of employment within the jurisdiction
of the Delaware Department of Labor as authorized by 16
Del. C. § 2906.
Department of Labor Policy: The legislative intent of
the Clean Indoor Air Act is to protect nonsmokers from
involuntary exposure to environmental tobacco smoke, not
only in most indoor public places which fall within the
jurisdiction of the Department of Health and Social Services,
but also indoor places of employment which fall within the
jurisdiction of the Department of Labor. Generally, the Act
restricts smoking in any indoor workplace not exempt by
statute, regulation or waiver.
Department of Labor Jurisdiction; The Department
of Labor is charged with the enforcement of this Act as it
applies to employers, employees, places of employment and
the workplace. The Act authorizes the Department of Labor
to impose administrative penalties of $100 dollars for the
first offense but not less than $250 for subsequent violations
when appropriate. The Department shall cite such penalties
against the employer, owner, operator, manager or other
individual having control of the workplace, who knowingly
permits smoking therein.
Acknowledged Workplace Exemptions: In attempting
to provide clarification on exempt status, the Department
may propose regulations acknowledging additional
workplace exemptions consistent with the legislative intent
under the Act at 16 Del. C. § 2904. The Department hereby
proposes to recognize "Private Clubs" as defined herein, as
beyond the jurisdiction of the Department of Labor as
inapplicable or exempt from enforcement under the Act.
"Private Club Exemption" means any club or
organization that does not permit the general public to access
its facilities or activities. Access is denied to anyone who
does not agree or adhere to the rules of membership. In
order to be considered a private club or organization for
purposes of the Clean Indoor Air Act, the establishment
must adhere to all of, but not limited to, the following
criteria:
a. Have a permanent mechanism to carefully
screen applicants for membership on subjective rather than
objective factors;
b. Limits access and use of facilities, services,
and activities of the organization to members and guests of
the members;
c. Is controlled by its membership and operates
solely for the benefit and pleasure of its members; and
d. Advertises exclusively and only to its
members, excluding membership drives.
"Workplace" means a "work area" as defined by the
statute.
Enforcement by the Department of Labor: The
Department's administrative process is as follows: a)
Complaint: Any employee alleging a workplace violation of
the Clean Indoor Air Act, shall report such violations which
has or is occurring, in writing to the Office of Labor Law
Enforcement, Division of Industrial Affairs, 4425 North
Market Street, Wilmington, DE 19802.
a) Enforcement Actions: The Department shall
investigate all written complaints to determine if a violation
has or is occurring. The Department may investigate alleged
violation from any source. The Office of Labor Law
Enforcement may conduct an inspection of any workplace
where there is a suggestion of an employer's noncompliance
with the Clean Indoor Air Act. The Department
shall take such steps as is necessary to bring about
immediate correction and future compliance.
b) Administrative Penalties: If the Office of Labor
Law Enforcement determines that the employer knowingly
failed or refused to comply with the Act's workplace
restrictions, the Officer shall provide written notice of such
determination. The notice shall include a date certain for
compliance with future monitoring of the workplace with
inspections. If prompt corrective action is not taken in
accordance with the Department's notice, the Department
shall serve a citation for payment of the administrative
penalty upon the person having control of the workplace
where the violation occurred.
c) Right of Appeal of the Penalty: Upon receipt of a
citation with assessment of administrative penalties, the
person named and served, shall have thirty days from service
to appeal the determination to the Secretary. The appeal
must be in writing to the Secretary of Labor, 4425 North
Market Street, Wilmington DE 19802.
Severability.
If any provision of these Regulations, or any portion
thereof or the application or method of implementation is
held invalid, the remainder of these Regulations shall not be
affected by such holding and shall remain in full force and
effect.
Submitted this February 21, 2003.
Harold E. Stafford
Secretary of Labor
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1174 PROPOSED REGULATIONS
DEPARTMENT OF NATURAL
RESOURCES AND
ENVIRONMENTAL CONTROL
DIVISION OF AIR AND WASTE MANAGEMENT
AIR QUALITY MANAGEMENT SECTION
Statutory Authority: 7 Delaware Code, Chapter 60
(7 Del.C. Ch. 60)
REGISTER NOTICE
SAN # 2003-01
1. TITLE OF THE REGULATION:
Regulation 38 - Emission Standards For Hazardous Air
Pollutants For Source Categories
2. BRIEF SYNOPSIS OF THE SUBJECT,
SUBSTANCE AND ISSUES:
In April 2002, the EPA promulgated an amendment to
the section 112(j) requirements in 40 CFR Part 63 Subpart B.
In May 2002, Air Quality Management Section
promulgated similar section 112(j) requirements. Soon after
EPA's promulgation, the Sierra Club sued EPA for several
reasons, but the primary issue was EPA's delaying the
submittal of the second of a two-part MACT application
until 24 month following the submittal of the Part 1 MACT
application, which was due on May 15, 2002.
On November 26, 2002, these parties settled that suit.
The settlement agreement requires EPA to revise the section
112(j) requirements, including the Part 2 MACT application
submittal date, and to have those agreed-upon revisions
finalized no later than April 27, 2003.
This proposed amendment would revise existing
Subpart B of Regulation 38 - EMISSION STANDARDS
FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE
CATEGORIES to reflect negotiated changes that the EPA
must implement as a result of the November 2002
settlement. The amendment to Subpart B proposes to revise
the Part 2 MACT application submittal dates and provides
new requirements for requesting applicability determinations
consistent with that settlement. In addition, several other
minor changes in language are proposed to improve clarity.
3. POSSIBLE TERMS OF THE AGENCY ACTION:
None
4. STATUTORY BASIS OR LEGAL AUTHORITY
TO ACT:
7 Delaware Code, Chapter 60
5. OTHER REGULATIONS THAT MAY BE
AFFECTED BY THE PROPOSAL:
None
6. NOTICE OF PUBLIC COMMENT:
The public comment period for this proposed
amendment will extend through March 31, 2003. Interested
parties may submit comments in writing during this time
frame to: Jim Snead, Air Quality Management Section, 715
Grantham Lane, New Castle, DE 19720, and/or statements
and testimony may be presented either orally or in writing at
the public hearing to be held on Monday, March 24, 2003
beginning at 6:00 PM in the DNREC Auditorium in the
Richardson and Robbins Building, located at 89 Kings
Highway, Dover, DE.
7. PREPARED BY:
James R. Snead (302) 323-4542 February 4, 2003
REGULATION NO. 38
EMISSION STANDARDS FOR HAZARDOUS
AIR POLLUTANTS FOR SOURCE CATEGORIES
5/11/02
Subpart B Requirements for Case-By-Case Control
Technology Determinations for Major Sources
5/11/02
OVERVIEW OF SUBPART B
Subpart B of Regulation No. 38 consists of two separate
sets of requirements. One set of requirements, which are
included in Sections 63.40 through 44, implement the
section 112(g)(2)(B) provisions of the Clean Air Act. These
requirements apply to owners or operators who construct or
reconstruct a major source of hazardous air pollutants after
June 29, 1998. The Department adopted these requirements
into Regulation No. 38 in Apr. 1998.
The other set of requirements, which are included
Sections 63.50 through 56, implement the section 112(j)
provisions of the Clean Air Act. These requirements apply to
owners or operators of any collection of equipment defined
in a section 112(c) source category for which the
Administrator has failed to promulgate an emission standard
by the section 112(j) deadline and the collection of
equipment is located at a source that is subject to Regulation
30.
Sections 63.45 through 49 of this subpart have been
reserved.
4/22/98
Section 112(g)(2)(B) Requirements
The provisions of Sections 63.40 through 63.44 in
Subpart B, of Title 40, Part 63 of the Code of Federal
Regulations, dated July 1, 1997 are hereby adopted by
reference with the following changes:
(a) "Regulation 30" shall replace "title V" wherever it
appears.
(b) Paragraph 63.40(b) shall be replaced with the
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1175
following language: "The requirements of Secs. 63.40
through 63.44 of this subpart apply to any owner or operator
who constructs or reconstructs a major source of hazardous
air pollutants after June 29, 1998 unless the major source in
question has been specifically regulated or exempted from
regulation under a standard issued pursuant to section
112(d), section 112(h), or section 112(j) and incorporated in
another subpart of part 63, or the owner or operator of such
major source has received all necessary air quality permits
for such construction or reconstruction project before June
29, 1998.
(c) The opening sentence of Section 63.41 shall be
replaced with the following language: "Terms used in Secs.
63.40 through 63.44 that are not defined in this section have
the meaning given to them in the Act and in subpart A of this
regulation.
(d) The opening of the definition of Available
information found in Section 63.41 shall be replaced with
the following language: "Available information means, for
purposes of identifying control technology options for the
affected source, information contained in the following
information sources as of the date of issuance of the
construction permit which incorporates the final and
effective case-by-case MACT determination:".
(e) The following errata found in Section 63.41 as
published in the Federal Register and Code of Federal
Regulations shall be corrected as follows:
(i) "for" in definition (3) of Available information
shall be replaced with "from";
(ii) HAP's" in definition of Construct a major
source shall be replaced with "HAP";
(iii) "suite" in definition of Greenfield suite shall be
replaced with "site";
(iv) deduction" in definition of Maximum
achievable control technology (MACT) emission limitation
for new sources shall be replaced with "reduction"; and
(v) "that potential" in definition of Reconstruct a
major source shall be replaced with "the potential".
(f) "Administrator" in the definition of Available
information found in Section 63.41 shall be replaced with
"Administrator or Department."
(g) Paragraph (2)(ii)(A) in the definition of Construct a
major source found in Section 63.41 shall be replaced with
the following language: "The permitting authority has
determined within a period of 5 years prior to the fabrication,
erection, or installation of the process or production unit that
the existing emission control equipment represented best
available control technology (BACT) or lowest achievable
emission rate (LAER) under Regulation 25 of the State of
Delaware "Regulations Governing the Control of Air
Pollution" for those HAP to be emitted by the process or
production unit; or".
(h) Paragraph (2)(ii)(B) in the definition of Construct a
major source found in Section 63.41 shall be replaced with
the following language: "The permitting authority
determines that the control of HAP emissions provided by
the existing equipment will be equivalent to that level of
control currently achieved by other well-controlled similar
sources (i.e., equivalent to the level of control that would be
provided by a current BACT or LAER determination);".
(i) Paragraph (2)(iv) in the definition of Construct a
major source found in Section 63.41 shall be replaced with
the following language: "The permitting authority has
provided notice and an opportunity for public comment
concerning its determination that criteria in paragraphs
(2)(i), (2)(ii), and (2)(iii) of this definition apply and
concerning the continued adequacy of any prior LAER or
BACT determination;".
(j) Paragraph (2)(v) in the definition of Construct a
major source found in Section 63.41 shall be replaced with
the following language: "If any commenter has asserted that
a prior LAER or BACT determination is no longer adequate,
the permitting authority has determined that the level of
control required by that prior determination remains
adequate; and ".
(k) Paragraph (2)(vi) in the definition of Construct a
major source found in Section 63.41 shall be replaced with
the following language: "Any emission limitations, work
practice requirements, or other terms and conditions upon
which the above determinations are made by the permitting
authority are applicable requirements under section 504(a) of
the Act and under Section 6 of Regulation 30 of the State of
Delaware "Regulations Governing the Control of Air
Pollution" and either have been incorporated into any
existing Regulation 30 permit for the affected facility or will
be incorporated into such permit upon issuance or revision."
(l) The definition of Construction permit is added to
the list of definitions found in Section 63.41 with the
following language: "Construction permit means a
construction permit issued pursuant to Regulation 2 and/or
25 of the State of Delaware "Regulations Governing the
Control of Air Pollution."
(m) The opening of the definition of Control technology
found in Section 63.41 shall be replaced with the following
language: "Control technology means measures, processes,
methods, systems, or techniques to limit the emission of
hazardous air pollutants in a way that would --".
(n) The definition of Effective date of section
112(g)(2)(B) in a State or local jurisdiction found in Section
63.41 shall be deleted.
(o) The definition of Electric utility steam generating
unit found in Section 63.41 shall be replaced with the
following language: "Electric utility steam generating unit
means any fossil fuel fired combustion unit that serves a
generator with a nameplate capacity of more than 25
megawatts that produces electricity for sale. A unit that cogenerates
steam and electricity and supplies more than onethird
of its nameplate electric output capacity and more than
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1176 PROPOSED REGULATIONS
25 megawatts electric output to any utility power distribution
system for sale shall be considered an electric utility steam
generating unit."
(p) The definition of HAP is added to the list of
definitions found in Section 63.41 with the following
language: "HAP means a hazardous air pollutant (i.e., any
chemical listed in or pursuant to section 112(b) of the Act)."
(q) The definition of Notice of MACT Approval found
in Section 63.41 shall be deleted.
(r) The definition of Permitting authority found in
Section 63.41 shall be replaced with the following language:
"Permitting authority means the Department of Natural
Resources and Environmental Control as defined in Title 29,
Delaware Code, Chapter 80, as amended."
(s) The entire content of Paragraph 63.42(a) as
promulgated shall be deleted and its heading shall be
replaced with the following language: "(a) [Reserved]."
(t) The entire content of Paragraph 63.42(b) as
promulgated shall be deleted and its heading shall be
replaced with the following language: "(b) [Reserved]."
(u) Paragraph 63.42(c) shall be replaced with the
following language: "After June 29, 1998, no person may
begin actual construction or reconstruction of a major source
of HAP unless: ".
(v) The following errata published in the Federal
Register and Code of Federal Regulations shall be corrected
as follows:
(i) "owner and operator" in paragraph 63.42(c)(1)
shall be replaced with "owner or operator";
(ii) "63" in paragraph 63.42(c)(1) shall be deleted;
and
(iii) "the anticipated" in paragraph 63.43(e)(2)(v)
shall be replaced with "The anticipated".
(w) Paragraph 63.42(c)(2) shall be replaced with the
following language: "The permitting authority has issued a
construction permit which incorporates a final and effective
case-by-case determination pursuant to the provisions of
Sec. 63.43; requiring the emissions from the constructed or
reconstructed major source to be controlled to a level no less
stringent than the maximum achievable control technology
emission limitation for new sources."
(x) Paragraph 63.43(b) shall be replaced with the
following language: "When a case-by-case determination of
MACT is required by Sec. 63.42(c), the owner and operator
shall obtain from the permitting authority an approved
MACT determination pursuant to paragraph (c) of this
section."
(y) Paragraph 63.43(c)(1) shall be replaced with the
following language: "[Reserved]."
(z) Paragraph 63.43(c)(2) shall be replaced with the
following language: "The owner or operator shall follow all
procedures in Regulation 2 and/or 25, except that --".
(aa) Paragraph 63.43(c)(2)(i) shall be replaced with
the following language: "the provisions of Section 2.2 of
Regulation 2 do not apply to any owner or operator that is
subject to the requirements of Secs. 63.40 through 63.44
and".
(bb) Paragraph 63.43(c)(2)(ii) shall be replaced
with the following language: "in addition to the provisions of
Section 11.10 of Regulation 2, the final MACT
determination and the construction permit shall expire if
construction or reconstruction has not commenced within 18
months of permit issuance. The owner or operator may
request and the permitting authority may grant an extension
which shall not exceed an additional 12 months."
(cc) Paragraph 63.43(c)(3) shall be replaced with
the following language: "When desiring alternative
operating scenarios, an owner or operator may request
approval of case-by-case MACT determinations for each
alternative operating scenario. Approval of such
determinations satisfies the requirements of section 112(g)
for each such scenario."
(dd) Paragraph 63.43(c)(4) shall be replaced with
the following language: "The MACT emission limitation
and requirements established in the approved construction
permit shall be effective as required by paragraph (j) of this
section, consistent with the principles established in
paragraph (d) of this section, and supported by the
information listed in paragraph (e) of this section. The owner
or operator shall comply with the requirements in paragraphs
(k) and (l) of this section, and with all applicable
requirements in subpart A of this regulation."
(ee) The opening to Paragraph 63.43(d) shall be
replaced with the following language: "The following
general principles shall govern preparation by the owner or
operator of each construction permit application requesting a
case-by-case MACT determination concerning construction
or reconstruction of a major source, and all subsequent
review of and actions taken concerning such an application
by the permitting authority:".
(ff) Paragraph 63.43(e)(1) shall be replaced with the
following language: "An application for a MACT
determination shall be submitted at the same time as the
construction permit application and shall specify a control
technology selected by the owner or operator that, if
properly operated and maintained, will meet the MACT
emission limitation or standard as determined according to
the principles set forth in paragraph (d) of this section. At
the time of submittal, the owner or operator shall request that
the permit application be processed pursuant to Section 11.2
(i) or 11.2 (j) of Regulation 2, whichever is appropriate."
(gg) The opening to Paragraph 63.43(e)(2) shall be
replaced with the following language: "In each instance
where a constructed or reconstructed major source would
require additional control technology or a change in control
technology, the application for a MACT determination shall
contain, independent of the permit application, the following
information:".
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1177
(hh) Paragraph 63.43(e)(2)(xiii) shall be replaced
with the following language: "Any other relevant
information required pursuant to subpart A of this
regulation."
(ii) The opening to Paragraph 63.43(e)(3) shall be
replaced with the following language: "In each instance
where the owner or operator contends that a constructed or
reconstructed major source will be in compliance, upon
startup, with case-by-case MACT under this subpart without
a change in control technology, the application for a MACT
determination shall contain, independent of the permit
application, the following information:".
(jj) The entire content of Paragraph 63.43(f) as
promulgated shall be deleted and its heading shall be
replaced with the following language: "(f) [Reserved]."
(kk) The entire content of Paragraph 63.43(g) as
promulgated shall be deleted and its heading shall be
replaced with the following language: "(g) [Reserved]."
(ll) The entire content of Paragraph 63.43(h) as
promulgated shall be deleted and its heading shall be
replaced with the following language: "(h) [Reserved]."
(mm) Paragraph 63.43(i) shall be replaced with the
following language: "The permitting authority shall send
notice of any approvals pursuant to paragraph (c)(2) of this
section to the Administrator through the appropriate
Regional Office, and to all other State and local air pollution
control agencies having jurisdiction in affected States."
(nn) Paragraph 63.43(j) shall be replaced with the
following language: "The effective date of a MACT
determination shall be the date the permitting authority
issues the construction permit which incorporates the final
and effective MACT determination."
(oo) Paragraph 63.43(l)(1) shall be replaced with
the following language: "An owner or operator of a
constructed or reconstructed major source that is subject to a
MACT determination shall comply with all requirements in
the issued construction permit, including but not limited to
any MACT emission limitation or MACT work practice
standard, and any notification, operation and maintenance,
performance testing, monitoring, reporting, and record
keeping requirements."
(pp) Paragraph 63.43(l)(2) shall be replaced with
the following language: "An owner or operator of a
constructed or reconstructed major source which has
obtained a MACT determination shall be deemed to be in
compliance with section 112(g)(2)(B) of the Act only to the
extent that the constructed or reconstructed major source is
in compliance with all requirements set forth in the issued
construction permit. Any violation of such requirements by
the owner or operator shall be deemed by the permitting
authority and by EPA to be a violation of the prohibition on
construction or reconstruction in section 112(g)(2)(B) for
whatever period the owner or operator is determined to be in
violation of such requirements, and shall subject the owner
or operator to appropriate enforcement action under the
Act."
(qq) Paragraph 63.43(m) shall be replaced with the
following language: "Within 60 days of the issuance of a
construction permit, the permitting authority shall provide a
copy of such permit to the Administrator, and shall provide a
summary in a compatible electronic format for inclusion in
the MACT data base."
(rr) The phrase "under any of the review options
available" in paragraph 63.44(a) shall be deleted.
(ss) The phrase "40 CFR part 70 or part 71, whichever
is relevant," in 63.44(b) shall be replaced with the following
language: "Regulation 30."
Secs. 63.45 through 49 [Reserved].
5/11/023
Section 112(j) Provisions
Sec. 63.50 Applicability.
(a) General applicability.
(1) The requirements of Secs. 63.50 through 56 of
this subpart implement section 112(j) of the Act.
(2) The requirements of Secs. 63.50 through 56 of
this subpart apply to owners or operators of affected 112(j)
sources that are located at a major source that is subject to
Regulation 30 of the State of Delaware "Regulations
Governing the Control of Air Pollution."
(3) The requirements of Secs. 63.50 through 56 of
this subpart do not apply to research or laboratory activities
as defined in Sec. 63.51 of this subpart.
(b) Relationship to other State and Federal
requirements.
The requirements of Secs. 63.50 through 56 of this
subpart are additional to all other applicable State and
Federal requirements.
Sec. 63.51 Definitions.
Terms used in Secs. 63.50 through 56 of this subpart
that are not defined in this section have the meaning given to
them in the Act or in subpart A of this regulation.
Affected 112(j) source means the collection of
equipment, activities or both within a single contiguous area
and under common control that is in a section 112(c) source
category for which the Administrator has failed to
promulgate an emission standard by the section 112(j)
deadline.
Available information means, for purposes of
conducting a MACT floor finding and identifying control
technology options under Secs. 63.50 through 56 of this
subpart, any information contained in the following
information sources as of issuance of a final and legally
effective case-by-case MACT determination according to
paragraph 63.55(a) of this subpart:
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1178 PROPOSED REGULATIONS
(1) A relevant proposed regulation, including all
supporting information.
(2) Relevant background information documents for a
draft or proposed regulation.
(3) Any relevant regulation, information or guidance
collected by the Administrator establishing a MACT floor
finding and/or MACT determination.
(4) Relevant data and information available from the
Clean Air Technology Center developed according to
section 112(l)(3) of the Act.
(5) Relevant data and information contained in the
Aerometric Information Retrieval System (AIRS) including
information in the MACT database.
(6) Any additional information that can be expeditiously
provided by the Administrator or Department.
(7) Any information provided by applicants in a Part 3
MACT application, an application for a permit, permit
modification or administrative amendment according to the
requirements of Secs. 63.50 through 56 of this subpart.
(8) Any additional relevant information provided by the
applicant or others prior to or during the public comment
period for a final and legally effective case-by-case MACT
determination for an affected or a new affected 112(j)
source.
Control technology means measures, processes,
methods, systems or techniques to limit the emission of
hazardous air pollutants which:
(1) Reduce the quantity of, or eliminate emissions of,
such pollutants through process changes, substitution of
materials or other modifications;
(2) Enclose systems or processes to eliminate emissions;
(3) Collect, capture or treat such pollutants when
released from a process, stack, storage or fugitive emissions
point;
(4) Are design, equipment, work practice or operational
standards; or
(5) Are a combination of paragraphs (1) through (4) of
this definition.
Equivalent emission limitation means an emission
limitation, established under this subpart, which is
equivalent to the MACT standard that the EPA would have
promulgated under section 112(d) or (h) of the Act, had they
done so by the section 112(j) deadline.
Existing source maximum achievable control
technology (MACT) requirements means the requirements,
which include, where feasible, an equivalent emission
limitation, reflecting the maximum degree of reduction in
emissions of hazardous air pollutants that the Department,
taking into consideration the cost of achieving such emission
reductions and any non-air quality health and environmental
impacts and energy requirements, determines is achievable
by sources in the category to which such MACT standard
applies. These requirements shall be based upon available
information and shall not be less stringent than the MACT
floor.
Maximum achievable control technology (MACT) floor
means:
(1) For existing sources:
(i) The average emission limitation achieved by the
best performing 12 percent of the existing sources (for which
the Department and/or Administrator has emissions
information), excluding those sources that have, within 18
months before the Department issues a final and legally
effective MACT determination under this subpart, within 18
months before the emission standard is proposed or within
30 months before such standard is promulgated, whichever
is later, first achieved a level of emission rate or emission
reduction which complies, or would comply if the source is
not subject to such standard, with the lowest achievable
emission rate (as defined in section 171 of the Act)
applicable to the source category and prevailing at the time,
in the category, for categories of stationary sources with 30
or more sources, or
(ii) The average emission limitation achieved by the
best performing five sources (for which the Department and/
or Administrator has emissions information) in the category,
for categories with fewer than 30 sources.
(2) For new sources, the emission limitation achieved in
practice by the best controlled source in the section 112(c)
source category, where such source is equipment or
collection of equipment that, by virtue of its structure,
operability, type of emissions and volume and concentration
of emissions, is substantially equivalent to the new affected
112(j) source and employs control technology for control of
emissions of hazardous air pollutants that is practical for use
on the new affected 112(j) source.
New affected 112(j) source means the collection of
equipment, activities or both, that if constructed after the
issuance of a final and legally effective case-by-case MACT
determination according to paragraph 63.55(a) of this
subpart, is subject to the applicable new source MACT
requirements. According to paragraph 63.52(f)(3)(i) of this
subpart, each permit shall define the term "new affected
112(j) source," which will be the same as the "affected
112(j) source" unless a different collection is warranted
based on consideration of factors including:
(1) Emission reduction impacts of controlling
individual sources versus groups of sources;
(2) Cost effectiveness of controlling individual
equipment;
(3) Flexibility to accommodate common control
strategies;
(4) Cost/benefits of emissions averaging;
(5) Incentives for pollution prevention;
(6) Feasibility and cost of controlling processes that
share common equipment (e.g., product recovery devices);
(7) Feasibility and cost of monitoring; and
(8) Other relevant factors.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1179
New source maximum achievable control technology
(MACT) requirements means the requirements, which
include, where feasible, an equivalent emission limitation,
which shall be based upon available information and shall
not be less stringent than the MACT floor and which reflects
the maximum degree of reduction in emissions of hazardous
air pollutants that the Department, taking into consideration
the cost of achieving such emission reduction and any nonair
quality health and environmental impacts and energy
requirements, determines is achievable by sources in the
category to which such MACT standard applies.
Research or laboratory activities means activities
whose primary purpose is to conduct research and
development into new processes and products; where such
activities are operated under the close supervision of
technically trained personnel and are not engaged in the
manufacture of products for commercial sale in commerce,
except in a de minimis manner and where the source is not in
a source category, specifically addressing research or
laboratory activities, that is listed according to section
112(c)(7) of the Act.
Section 112(j) deadline means the date 18 months after
the date for which a relevant standard is scheduled to be
promulgated under 40 CFR part 63, except that for all major
sources listed in those source categories scheduled to be
promulgated by November 15, 1994, the section 112(j)
deadline is November 15, 1996 and for all major sources
listed in those source categories scheduled to be promulgated
by November 15, 1997, the section 112(j) deadline is
December 15, 1999.
Sec. 63.52 Approval process for new and existing affected
112(j) sources.
(a) Sources that are major affected 112(j) sources on the
section 112(j) deadline.
(1) Except as provided for in paragraph 63.52(a)(2)
of this section, the owner or operator of any source that is an
major affected 112(j) source on the section 112(j) deadline
shall comply with the following.
(i) Submit to the Department by the section
112(j) deadline:
(A) A Part 1 MACT application according
to paragraph 63.53(a) of this subpart or
(B) If desired, a request for an
applicability determination by the Department of whether a
source is an major affected 112(j) source.
(ii) An owner or operator that submitted a
timely request for an applicability determination in
accordance to paragraph (a)(1)(i)(B) of this section that did
not received a determination by May 11, 2003 shall submit
the following:
(A) A Part 2 MACT application in
accordance with paragraph (a)(1)(iii) of this section or
(B) If needed, a new request for an
applicability determination not later than July 11, 2003. The
new request shall include the following:
(I) The affected 112(j) source
category for which the request is being made;
(II) The specific emission source(s) of
concern;
(III) The specific language in the EPA
proposed standard associated with each specified concern
identified in paragraph (a)(1)(ii)(B)(II) of this section; and
(IV) Any additional information, as
appropriate, that illustrates why a determination of
applicability is still required.
(ii iii) Submit to the Department a Part 2
MACT application according to paragraph 63.53(b) of this
subpart not later than 24 months following: the applicable
"Part 2 Due Date" listed in Table 52-1 of this section, unless
the Administrator has promulgated the final rule for the
applicable source category or subcategory on or before the
applicable "Part 2 Due Date".
(A) The submittal of the Part 1 MACT
application or
(B) The receipt of the Department's
positive applicability determination according to paragraph
(d)(1) of this section.
(iii iv) If desired, include with the Part 2
MACT application submitted according to paragraph
(a)(1)(ii iii) of this section, a Part 3 MACT application
according to paragraph 63.53(c) of this subpart.
(2) The owner or operator of any source that has
received a final and legally effective case-by-case MACT
determination under Ssection 112(g) according to Sec. 63.43
of this subpart on or before the section 112(j) deadline shall
submit a Part 1 MACT application to the Department by the
section 112(j) deadline.
(b) Sources that become major affected 112(j) sources
after the section 112(j) deadline and that do not have a
permit addressing the section 112(j) requirements.
(1) The owner or operator of any source shall
comply with the paragraphs (b)(2) and (3) of this section,
when section 112(g) requirements are not invoked and when
that source would become an major affected 112(j) source
due to:
(i) Construction, reconstruction or
modification;
(ii) Relaxation of any state or federally
enforceable permit limitation; or
(iii) The Department, under subpart A of this
regulation, or the Administrator, under section 112(a)(1) of
the Act, establishes a lesser quantity emission threshold that
results in an area affected 112(j) source becoming an major
affected 112(j) source.
(2) The owner or operator of any source identified
in paragraph (b)(1) or (c)(2)(i) of this section shall submit
the following to the Department:
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1180 PROPOSED REGULATIONS
(i) Part 1, Part 2 and Part 3 MACT applications
according to paragraphs 63.53(a) through (c) of this subpart.
(ii) One of the following requests, as
appropriate.
(A) A request that any associated
Regulation 2 construction permit be processed according to
paragraph 11.2(j) of Regulation 2.
(B) A request that the relaxation of any
existing permit limitation specified in a Regulation 30 permit
be processed as a significant permit modification.
(C) A request that the relaxation of any
existing permit limitation specified in a Regulation 2
operating permit, where there is an associated pending initial
Regulation 30 permit, be processed according to paragraph
11.2(j) of Regulation 2.
(3) Where the relaxation of any existing permit
limitation specified in a Regulation 2 operating permit is
Affected 112(j) Source Category
Flexible Polyurethane Foam Fabrication Operations
Coke Ovens: Pushing, Quenching, and Battery Stacks
Reinforced Plastic Composites Production
Semiconductor Manufacturing
Refractory Products Manufacturing (1)
Brick and Structural Clay Products Manufacturing
Clay Ceramics Manufacturing (2)
Asphalt Processing and Asphalt Roofing Manufacturing (3)
Integrated Iron and Steel Manufacturing
requested, and there is not an associated Regulation 30 or
pending initial Regulation 30 permit, operation as an major
affected 112(j) source shall not commence until a Regulation
30 permit that addresses the section 112(j) requirements is
issued by the Department.
(4) The owner or operator of any source that would
become an major affected 112(j) source due to construction
or reconstruction and section 112(g) requirements are
invoked shall apply for and obtain a final and legally
effective case-by-case MACT determination according to
Sec. 63.43 of this subpart.
Table 52-1 of Subpart B - Part 2 MACT Application Due
Date for Applicable 112(j) Source Categories
Subpart Part 2 Due Date
MMMMM May 15, 2003
CCCCC May 15, 2003
WWWW May 15, 2003
BBBBB May 15, 2003
SSSSS May 15, 2003
JJJJJ May 15, 2003
KKKKK May 15, 2003
LLLLL May 15, 2003
FFFFF May 15, 2003
Hydrochloric Acid Production (Included Fume Silica Facilities) (4) NNNNN May 15, 2003
Engine Test Cells/Stands (3)
Surface Coating of Metal Furniture
Printing, Coating, and Dyeing of Fabrics and Other Textiles
Surface Coating of Wood Building Products
Stationary Combustion Turbines
Lime Manufacturing Plants
Site Remediation
Iron and Steel Foundries
Taconite Iron Ore Processing
PPPPP May 15, 2003
RRRR May 15, 2003
OOOO May 15, 2003
QQQQ May 15, 2003
YYYY Oct. 30, 2003
AAAAA Oct. 30, 2003
GGGGG Oct. 30, 2003
EEEEE Oct. 30, 2003
RRRRR Oct. 30, 2003
Miscellaneous Organic Chemical Manufacturing & Miscellaneous Coating FFFF & Oct. 30, 2003
Manufacturing (5) HHHHH
Organic Liquids Distribution (Non-Gasoline) EEEE Oct. 30, 2003
Primary Magnesium Refining TTTTT Oct. 30, 2003
Surface Coating of Metal Cans KKKK Oct. 30, 2003
Surface Coating of Plastic Parts and Products PPPP Oct. 30, 2003
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1181
Mercury Cell Chlor-Alkali Plants (Chlorine Production) IIIII Oct. 30, 2003
Surface Coating of Miscellaneous Metal Parts and Products (includes Asphalt/Coal MMMM Oct. 30, 2003
Tar Coating of Metal Pipes) (3)
Industrial/Commercial/Institutional Boilers and Process Heaters (6) DDDDD Apr. 28, 2004
Plywood and Composite Wood Products DDDD Apr. 28, 2004
Stationary Reciprocating Internal Combustion Engines ZZZZ Apr. 28, 2004
Surface Coating of Automobiles and Light-Duty Trucks IIII Apr. 28, 2004
Industrial/Commercial/Institutional Boilers and Process Heaters (7) Aug. 13, 2005
Hydrochloric Acid Production (8)
Notes
(1) Includes Chromium Refractories Production.
(2) Two subcategories of Clay Products Manufacturing.
(3) Two source categories.
(4) Includes all sources within the Hydrochloric Acid
Production standard that burn no hazardous waste and all
acid production sources at fume silica facilities.
(5) Covers the 23 source categories listed in Table 52-2.
(6) Includes all sources in the Industrial/Commercial/
Institutional Boilers and Process Heaters standard that burn
no hazardous waste.
(7) Includes all sources in the Industrial/Commercial/
Institutional Boilers and Process Heaters standard that burn
hazardous waste.
(8) Includes furnaces that produce acid from hazardous
waste at sources in the category Hydrochloric Acid
Production.
Table 52-2 of Subpart B - Applicable 112(j)
Subcategories under the Miscellaneous Organic Chemical
Manufacturing & Miscellaneous Coating Manufacturing
MACTs
Aug. 13, 2005
Subcategories
Manufacture of Paints, Coatings, and Adhesives
Alkyd Resins Production
Maleic Anhydride Copolymers Production
Polyester Resins Production
Polymerized Vinylidene Chloride Production
Polymethyl Methacrylate Resins Production
Polyvinyl Acetate Emulsions Production
Polyvinyl Alcohol Production
Polyvinyl Butyral Production
Ammonium Sulfate Production--Caprolactam By-Product
Plants
Quaternary Ammonium Compounds Production
Benzyltrimethylammonium Chloride Production
Carbonyl Sulfide Production
Chelating Agents Production
Chlorinated Paraffins Production
Ethylidene Norbornene Production
Explosives Production
Hydrazine Production
OBPA/1,3-Diisocyanate Production
Photographic Chemicals Production
Phthalate Plasticizers Production
Rubber Chemicals Manufacturing
Symmetrical Tetrachloropyridine Production
(c) Sources that have a permit addressing the
section 112(j) requirements.
The requirements of paragraphs (c)(1) and (2) of
this section apply to major affected 112(j) sources that have
a permit addressing the section 112(j) requirements
according to Secs. 63.50 through 56 of this subpart, but
where changes to equipment, activities or both,
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1182 PROPOSED REGULATIONS
subsequently, occur at the source.
(1) If the existing permit already provides
the appropriate requirements that address the subsequent
changes that are to occur under paragraph (c) of this section,
then that source shall comply with the applicable new source
MACT requirements, and the section 112(j) requirements
are thus satisfied.
(2) If the existing permit does not provide
the appropriate requirements that address the subsequent
changes that are to occur under paragraph (c) of this section,
the owner or operator shall comply with paragraph (c)(2)(i)
or (ii) of this section, whichever appropriate.
(i) If section 112(g) requirements are
not invoked, the owner or operator of that source shall
comply with the provisions of paragraph (b)(2) of this
section.
(ii) If section 112(g) requirements are
invoked, the owner or operator of that source shall apply for
and obtain a final and legally effective case-by-case MACT
determination according to Sec. 63.43 of this subpart.
(d) Applicability and equivalency
determinations.
(1) Applicability Determinations.
(i) The Department shall review any
request for an applicability determination when requested to
do so according to paragraph (a)(1)(i)(B) of this section. If
the Department's applicability determination is positive, the
owner or operator shall comply with paragraphs (a)(1)(ii iii)
and (iii iv) of this section. If the Department's applicability
determination is negative, no further action by the owner or
operator is necessary.
(ii) The Department shall review any
request for an applicability determination resubmitted in
accordance with paragraph (a)(1)(ii)(B) of this section not
later than September 10, 2003. If the Department's
applicability determination is negative, no further action by
the owner or operator is necessary. If the Department's
applicability determination is positive, the owner or operator
shall comply with paragraphs (a)(1)(iii) and (iv) of this
section.
(2) For any Part 1 application received
pursuant to paragraph (a)(2) of this section, the Department
shall review the final and legally effective case-by-case
MACT determination approved according to Sec. 63.43 of
this subpart. If the Department determines that the emission
limitations in that final and legally effective case-by-case
MACT determination are substantially as effective as the
emission limitations which the Department would otherwise
adopt to effectuate section 112(j) for that source, then the
Department shall retain the existing emission limitations in
the permit as the emission limitations to effectuate section
112(j) by reopening the Regulation 30 permit for cause or
amending the Regulation 2 permit following the procedures
in paragraphs 12.4 through 12.6 of Regulation 2, as
applicable. If the Department determines that the emission
limitations in that final and legally effective case-by-case
MACT determination are not substantially as effective as the
emission limitations which the Department would otherwise
adopt to effectuate section 112(j) for that source, then the
Department shall impose the requirements specified in
paragraph (f)(3) of this section by reopening the Regulation
30 permit for cause or amending the Regulation 2 permit
following the procedures in paragraphs 12.4 through 12.6 of
Regulation 2, as applicable.
(3) In issuing any final and legally
effective case-by-case MACT determination according to
Sec. 63.43 of this subpart after the section 112(j) deadline
(i.e., according to paragraph (b)(4) or (c)(2)(ii) of this
section), the Department shall specify in that determination
that the associated emission limitations effectuate both
section 112(g) and section 112(j) requirements.
(e) Completion determination and application
shield.
(1) Within 60 days of the receipt of the
Part 2 and/or Part 3 MACT application(s), the Department
shall notify the owner or operator in writing whether the
application is complete or incomplete. The Part 2 and/or Part
3 MACT application(s) shall be deemed complete unless the
Department notifies the owner or operator in writing within
60 days of the submittal that the application is incomplete.
(2) Following submittal of any application,
the Department may request additional information from the
owner or operator. The owner or operator shall respond to
such requests in a timely manner.
(3) If the owner or operator has submitted
timely and complete application(s) as required by this
section, any failure to have a Regulation 30 permit
addressing the section 112(j) requirements shall not be a
violation of section 112(j), unless the delay in final action is
due to the failure of the applicant to submit, in a timely
manner, information required or requested to process the
application. Once complete application(s) are submitted, the
owner or operator shall not be in violation of the requirement
to have a Regulation 30 permit addressing the section 112(j)
requirements.
(f) Permit issuance and content.
(1) For each Part 2 application received
according to paragraph (a) of this section, the Department
shall reopen the source's Regulation 30 permit for cause
according to the requirements of Regulation 30 and shall
impose the requirements in paragraph (f)(3) of this section,
as appropriate, through the Regulation 30 permit. If the
Department has not yet issued a Regulation 30 permit, the
Department shall revise the applicable Regulation 2
operating permit(s) using the procedures in paragraphs 12.4
through 12.6 of Regulation 2.
(2) For each Part 2 application received
according to paragraph (b) or (c) of this section, the
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1183
Department shall issue a Regulation 2 construction or
operating permit using the procedures of paragraph 11.2(j)
of Regulation 2, shall reopen the source's Regulation 30
permit for cause, shall revise the source's Regulation 30
permit as a significant permit revision or shall issue a
Regulation 30 permit, as applicable, to impose the
requirements in paragraph (f)(3) of this section, as
appropriate.
(3) Permit requirements for affected 112(j)
sources.
(i) Identification of the affected 112(j)
source and the new affected 112(j) source.
(ii) An equivalent emission limitation
established by the Department that reflects existing source
MACT requirements, for the equipment and activities within
the affected 112(j) source, based on the degree of emission
reductions that can be achieved if the control technologies or
work practices are installed, maintained and operated
properly.
(iii) An equivalent emission limitation
established by the Department that reflects new source
MACT requirements for the equipment and activities within
the affected 112(j) source, based on the degree of emission
reductions that can be achieved if the control technologies or
work practices are installed, maintained and operated
properly.
(iv) In lieu of paragraphs (f)(ii) and
(f)(iii) of this section, any specific design, equipment, work
practice or operational standard or combination thereof,
when the Administrator or Department determines that
hazardous air pollutants cannot be emitted through a
conveyance designed and constructed to capture such
pollutants, or that any requirement for, or use of, such a
conveyance would be inconsistent with any Federal, State or
local law, or the application of measurement methodology to
a particular class of sources is not practicable due to
technological and economic limitations.
(v) The appropriate provisions of
subpart A of this regulation and the information specified in
paragraphs (f)(3)(v)(A) through (C) of this section.
(A) Any additional emission
limits, production limits, operational limits or other terms
and conditions necessary to ensure practicable enforceability
of the MACT emission limitation.
(B) Compliance certifications,
testing, monitoring, reporting and record keeping
requirements that are consistent with requirements
established according to Regulation 30.
(C) Compliance dates by which
the owner or operator shall be in compliance with the MACT
emission limitation and all other applicable terms and
conditions of the permit.
(I) The owner or operator of
an major affected 112(j) source subject to paragraphs (a), (b)
or (c)(2) of this section shall comply with existing source
MACT requirements by the date established in the source's
Regulation 30 or Regulation 2 permit, as applicable. The
compliance date shall not be later than 3 years after the
issuance of the permit for that source, except where the
Department issues a permit that grants an additional year to
comply in accordance with section 112(i)(3)(B) of the Act or
unless otherwise specified in section 112(i).
(II) The owner or operator of
a new affected 112(j) source subject to paragraph (c)(1) of
this section shall comply with new source MACT
requirements immediately upon startup of the new affected
112(j) source.
(g) Permit issuance dates.
The Department shall issue all permits that
address the requirements of this subpart in accordance with
the requirements of Regulation 2, 25, and/or 30 of the State
of Delaware "Regulations Governing the Control of Air
Pollution", as is applicable.
(h) MACT emission limitations.
(1) Owners or operators of affected 112(j)
sources subject to paragraph (a), (b) or (c)(2) of this section
shall comply with all requirements of Secs. 63.50 through 56
of this subpart that are applicable to affected 112(j) sources,
including the compliance date for affected 112(j) sources
established in paragraph (f)(3)(v)(C)(I) of this section.
(2) Owners or operators of new affected
112(j) sources subject to paragraph (c)(1) of this section
shall comply with all requirements of Secs. 63.50 through 56
of this subpart that are applicable to new affected 112(j)
sources, including the compliance date for new affected
112(j) sources established in paragraph (f)(3)(v)(C)(II) of
this section.
Sec. 63.53 Application content for case-by-case MACT
determinations.
(a) Part 1 MACT Application.
The Part 1 application for a MACT determination
shall contain the information in paragraphs (a)(1) through (4)
of this section.
(1) The name and address (physical location) of the
major source.
(2) A brief description of the major source and an
identification of the relevant source category.
(3) An identification of the types of sources
belonging to the relevant source category.
(4) An identification of any affected 112(j) sources
for which an application has been made for a final and
legally effective case-by-case MACT determination under
section 112(g) according to Secs. 63.40 through 44 of this
subpart.
(b) Part 2 MACT Application.
The Part 2 application for a MACT determination
shall contain the information in paragraphs (b)(1) through (5
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1184 PROPOSED REGULATIONS
6) of this section.
(1) For an affected 112(j) source subject to
construction, reconstruction or modification, the expected
commencement date of installation, the expected completion
date of installation and the anticipated date of startup of the
affected 112(j) source.
(2) The hazardous air pollutants emitted by each
affected 112(j) source in the relevant source category and an
estimated total uncontrolled and controlled emission rate for
hazardous air pollutants from the affected 112(j) source.
(3) Any existing Federal, State or local limitations
or requirements applicable to the affected 112(j) source.
(4) For each piece of equipment, activity or source,
an identification of control technology in place.
(5) Information relevant to establishing the MACT
floors.
(6) The certification by a responsible official of
truth, accuracy, and completeness. This certification shall be
signed by a responsible official and shall contain the
following language: "I certify, based on information and
belief formed after reasonable inquiry, the statements and
information in the document are true, accurate, and
complete."
(c) Part 3 MACT Application.
The Part 3 application for a MACT determination
shall contain the information in paragraphs (c)(1) through ( 3
4) of this section.
(1) Recommended MACT floors, an emission
standard or emission limitation that is equivalent to existing
source MACT requirements and an emission standard or
emission limitation that is equivalent to new source MACT
requirements for the affected 112(j) source, and supporting
information consistent with paragraph 63.52(f) of this
subpart. The owner or operator may recommend a specific
design, equipment, work practice, operational standard or
combination thereof, as an emission limitation.
(2) Proposed control technology that, if properly
operated and maintained, will meet, at minimum, the
existing source and new source MACT requirements,
including identification of the affected 112(j) sources to
which the control technology shall be applied.
(3) Relevant parameters to be monitored and
frequency of monitoring to demonstrate continuous
compliance with the MACT emission limitation over the
applicable reporting period.
(4) The certification by a responsible official of
truth, accuracy, and completeness. This certification shall be
signed by a responsible official and shall contain the
following language: "I certify, based on information and
belief formed after reasonable inquiry, the statements and
information in the document are true, accurate, and
complete."
Sec. 63.54 Pre-construction review procedures for
affected 112(j) sources.
The owner or operator who constructs, reconstructs or
modifies an affected 112(j) source after the section 112(j)
deadline shall follow the procedures established under
Regulations 2, 25 and/or 30 before commencing
construction, reconstruction, or modification of the affected
112(j) source.
Sec. 63.55 Maximum achievable control technology
(MACT) determinations for affected 112(j) sources subject
to case-by-case determination of equivalent emission
limitations.
(a) Determination of case-by-case MACT requirements.
The Department shall issue final and legally
effective case-by-case MACT determinations for affected
112(j) and new affected 112(j) sources that are consistent
with the existing source MACT and the new source MACT
requirements, as defined in Sec. 63.51 of this subpart.
(b) Reporting to the Administrator.
The owner or operator shall submit copies of the
Part 1, Part 2 and Part 3 MACT applications to the
Administrator at the same time these applications are
submitted to the Department.
Sec. 63.56 Requirements for case-by-case determination
of equivalent emission limitations after promulgation of
subsequent MACT standard.
(a) If the Administrator promulgates a relevant emission
standard that is applicable to one or more affected 112(j)
sources that are located at a major source before the date that
the Department has issued a final and legally effective caseby-
case MACT determinations according to paragraph
63.55(a) of this subpart, the Regulation 30 permit shall
contain the promulgated standard rather than the emission
limitation determined under Sec. 63.52 of this subpart, and
the owner or operator shall comply with the promulgated
standard by the compliance date in the promulgated
standard.
(b) If the Administrator promulgates a relevant emission
standard that is applicable to one or more affected 112(j)
sources that are located at a major source on or after the date
that the Department has issued a final and legally effective
case-by-case MACT determinations according to paragraph
63.55(a) of this subpart, the Department shall incorporate
requirements of that standard in the Regulation 30 permit
upon its next renewal. The Department shall establish a
compliance date in the revised permit that assures that the
owner or operator shall comply with the promulgated
standard within a reasonable time, but not longer than 8
years after such standard is promulgated or 8 years after the
issuance of the final and legally effective case-by-case
MACT determinations according to paragraph 63.55(a) of
this subpart, whichever is earlier. However, in no event shall
the period for compliance for existing sources be shorter
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1185
than that provided for existing sources in the promulgated
standard.
(c) Notwithstanding the requirements of paragraph (a)
or (b) of this section, the requirements of paragraphs (c)(1)
and (2) of this section shall apply.
(1) If the Administrator promulgates an emission
standard under section 112(d) or (h) of the Act that is
applicable to an affected 112(j) source after the date a final
and legally effective case-by-case MACT determination is
issued according to paragraph 63.55(a) of this subpart, the
Department is not required to change the emission limitation
in the permit to reflect the promulgated standard if the
Department determines that the level of control required in
that prior case-by-case MACT determinations is
substantially as effective as that required by the promulgated
standard according to Sec. 63.1(e) of subpart A of this
regulation.
(2) If the Administrator promulgates an emission
standard under section 112(d) or (h) of the Act that is
applicable to an affected 112(j) source after the date a final
and legally effective case-by-case MACT determinations is
issued according to paragraph 63.55(a) of this subpart and
the level of control required by the promulgated emission
standard is less stringent than the level of control required by
that prior case-by-case MACT determination, the
Department may, but is not required to incorporate any less
stringent emission limitation of the promulgated standard in
the Regulation 30 permit applicable to such source(s) and
shall consider any more stringent provisions of that prior
case-by-case MACT determination to be applicable legal
requirements when issuing or revising such a Regulation 30
permit.
DIVISION OF AIR AND WASTE MANAGEMENT
AIR QUALITY MANAGEMENT SECTION
Statutory Authority: 7 Delaware Code, Chapter 60
(7 Del.C. Ch. 60)
REGISTER NOTICE
SAN # 2002-17
1. TITLE OF THE REGULATION:
Regulation 38 - "Emission Standards For Hazardous Air
Pollutants For Source Categories"
2. BRIEF SYNOPSIS OF THE SUBJECT,
SUBSTANCE AND ISSUES:
The Department is proposing to amend Regulation 38
by adopting by reference the National Emission Standards
for Hazardous Air Pollutants for Secondary Aluminum
Production found at 40 CFR Part 63 Subpart RRR.
Subpart RRR addresses the emissions of hazardous air
pollutants (HAPs) emitted by secondary aluminum
production facilities; establishes emission limitations and
work practice standards; and defines the compliance,
notification, monitoring, record keeping and reporting
requirements. Owners or operators of a facility which
performs one or more of the following processes may be
affected: scrap shredding, scrap drying/delacquering/
decoating, thermal chip drying, furnace operations (i.e.,
melting, holding, sweating, refining, fluxing, or alloying),
recovering aluminum from dross, inline fluxing, or dross
cooling.
3. POSSIBLE TERMS OF THE AGENCY ACTION:
None
4. STATUTORY BASIS OR LEGAL AUTHORITY
TO ACT:
7 Delaware Code, Chapter 60
5. OTHER REGULATIONS THAT MAY BE
AFFECTED BY THE PROPOSAL:
None
6. NOTICE OF PUBLIC COMMENT:
The public comment period for this proposed
amendment will extend through March 31, 2003. Interested
parties may submit comments in writing during this time
frame to: Mark A. Prettyman, Air Quality Management
Section, 156 S. State St., Dover, DE 19901, and/or
statements and testimony may be presented either orally or
in writing at the public hearing to be held on Thursday,
March 27, 2003, beginning at 6:00 PM in the DNREC
auditorium at the Richardson and Robbins Building, 89
Kings Highway, Dover, DE.
7. PREPARED BY:
Mark A. Prettyman (302) 739-4791February 6, 2003
Name/Phone # Date
The Department is amending Regulation 38 by adding
Subpart RRR, which follows. Subpart RRR does not change
any of the existing subparts of Regulation 38 and shall be
placed following Subpart T.
5/11/2003
Subpart RRREmission Standards for Hazardous Air
Pollutants for Secondary Aluminum Production
The provisions of Subpart RRR - National Emission
Standards for Secondary Aluminum Production, of Title 40,
Part 63 of the Code of Federal Regulations, dated July 1,
2002 and as amended on Sept. 24, 2002 and Dec. 30, 2002,
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1186 PROPOSED REGULATIONS
are hereby adopted by reference with the following changes:
(a) "Department" shall replace all instances of
"permitting authority", "permitting agency", "responsible
permitting authority", and "applicable permitting agency".
(b) Paragraph 63.1500(e) shall be replaced with the
following language: "The owner or operator of a secondary
aluminum production facility subject to the provisions of this
subpart, is subject to the title V permitting requirements
under Regulation 30. The Department defers the affected
facility from the title V permitting requirements until
December 9, 2004, if the secondary aluminum production
facility is not a major source and is not located at a major
source as defined in subpart A of this regulation, and is not
otherwise required to obtain a title V permit. All sources
receiving a deferral under this section shall submit a title V
permit application by December 9, 2005. The affected
facility shall comply with the provisions of this subpart
applicable to area sources if a deferral from title V
permitting requirements has been granted to the facility by
the Department."
(c) Add the following language after Section 63.1500:
"[65 FR 15710, March 23, 2000; as amended at 67 FR
79815, Dec. 30, 2002]".
(d) Except in paragraph 63.1502(a), the following dates
shall be replaced by the date May 11, 2003:
(i) March 23, 2000;
(ii) March 24, 2003.
(e) Add the following language after Section 63.1501:
"[65 FR 15710, March 23, 2000; as amended at 67 FR
59791, Sept. 24, 2002]".
(f) The entire paragraph 63.1502(a) shall be replaced
with the following language: "The following material is
incorporated by reference in the corresponding sections
noted. This material is incorporated as it exists on March 23,
2000:
(1) Chapters 3 and 5 of "Industrial Ventilation: A
Manual of Recommended Practice," American Conference
of Governmental Industrial Hygienists, (23rd edition, 1998),
IBR approved for Sec. 63.1506(c);
(2) "Interim Procedures for Estimating Risks
Associated with Exposures to Mixtures of Chlorinated
Dibenzo-p-Dioxins and -Dibenzofurans (CDDs and CDFs)
and 1989 Update" (EPA/625/3-89/016); and
(3) "Fabric Filter Bag Leak Detection Guidance,"
(September 1997)."
(g) Paragraph 63.1502(b)(1) shall be replaced with the
following language: "Customer Service Department,
American Conference of Governmental Industrial
Hygienists (ACGIH), 1330 Kemper Meadow Drive,
Cincinnati, OH 45240-1634, telephone number (513) 742-
2020;".
(h) Paragraph 63.1502(b)(2) shall be replaced with the
following language: "The National Technical Information
Service (NTIS), 5285 Port Royal Road, Springfield, VA,
NTIS no. PB 90-145756; and".
(i) Paragraph 63.1502(b)(3) shall be added with the
following language: "U.S. Environmental Protection
Agency; Office of Air Quality Planning and Standards;
Emissions, Monitoring and Analysis Division; Emission
Measurement Center (MD-19), Research Triangle Park, NC
27711."
(j) The opening sentence of Section 63.1503 shall be
replaced with the following language: "Unless defined
below, all terms in this subpart have the meanings given
them in the Act or in subpart A of this regulation:".
(k) The definition of Cover flux in Section 63.1503
shall be replaced with the following language: "Cover flux
means salt(s) added to the surface of molten aluminum in a
group 1 or group 2 furnace, without agitation of the molten
aluminum, for the purpose of preventing oxidation."
(l) The definition of HCl in Section 63.1503 shall be
replaced with the following language: "HCl means, for the
purposes of this subpart, emissions of hydrogen chloride
that serve as a surrogate measure of the total emissions of
hydrogen chloride, hydrogen fluoride, and chlorine."
(m) The definition of Sweat furnace in Section 63.1503
shall be replaced with the following language: "Sweat
furnace means a furnace used exclusively to reclaim
aluminum from scrap that contains substantial quantities of
metal by using heat to separate the low-melting point
aluminum from the scrap while the higher melting-point
metal remains in solid form. These units are also commonly
known as dry hearth furnaces."
(n) The definition of TEQ in Section 63.1503 shall be
replaced with the following language: "TEQ means the
international method of expressing toxicity equivalents for
dioxins and furans as defined in "Interim Procedures for
Estimating Risks Associated with Exposures to Mixtures of
Chlorinated Dibenzo-p-Dioxins and -Dibenzofurans (CDDs
and CDFs) and 1989 Update" (EPA-625/3-89-016)."
(o) Add the following language after Section 63.1503:
"[65 FR 15710, March 23, 2000; as amended at 67 FR
79815, Dec. 30, 2002]".
(p) Paragraph 63.1505(a) shall be replaced with the
following language: "Summary. The owner or operator of a
new or existing affected source must comply with each
applicable limit in this section. Table 1505-1 of this subpart
summarizes the emission standards for each type of source."
(q) Paragraph 63.1505(e) shall be replaced with the
following language: "Scrap dryer/delacquering kiln/
decoating kiln: alternative limits. The owner or operator of a
scrap dryer/delacquering kiln/decoating kiln may choose to
comply with the emission limits in this paragraph (e) as an
alternative to the limits in paragraph (d) of this section if the
scrap dryer/delacquering kiln/decoating kiln is equipped
with an afterburner having a design residence time of at least
1 second and the afterburner is operated at a temperature of
at least 760 deg.C (1400 deg.F) at all times. On and after the
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1187
compliance date established by Sec. 63.1501:".
(r) Paragraph 63.1505(f)(1) shall be replaced with the
following language: "The owner or operator is not required
to conduct a performance test to demonstrate compliance
with the emission standard of paragraph (f)(2) of this
section, provided that, on and after the compliance date of
this rule, the owner or operator operates and maintains an
afterburner with a design residence time of 0.8 seconds or
greater and an operating temperature of 872 deg.C (1600
deg.F) or greater."
(s) Paragraph 63.1505(j)(1) shall be replaced with the
following language: "0.02 kg of HCl per Mg (0.04 lb of HCl
per ton) of feed/charge, and".
(t) Replace the definition of Tti in paragraph
63.1505(k)(1) with the following language: "Tti = The feed/
charge rate, for an operating cycle, for individual emission
unit i; and".
(u) Replace the definition of LtiHCl in paragraph
63.1505(k)(2) with the following language: "LtiHCl = The
HCl emission limit for individual emission unit i in
paragraph (i)(4) of this section for a group 1 furnace or in
paragraph (j)(1) of this section for an in-line fluxer and".
(v) Paragraph 63.1505(k)(6) shall be replaced with the
following language: "With the prior approval of the
Department, an owner or operator may redesignate any
existing group 1 furnace or in-line fluxer at a secondary
aluminum production facility as a new emission unit. Any
emission unit so redesignated may thereafter be included in a
new SAPU at that facility. Any such redesignation will be
solely for the purpose of this regulation and will be
irreversible."
(w) Add the following language after Section 63.1505:
"[65 FR 15710, March 23, 2000; as amended at 67 FR
59791, Sept. 24, 2002; 67 FR 79815, Dec. 30, 2002]".
(x) Paragraph 63.1506(a)(4) shall be replaced with the
following language: "Operating requirements are
summarized in Table 1506-1 of this subpart."
(y) Paragraph 63.1506(b) shall be replaced with the
following language: "Labeling. The owner or operator must
provide and maintain easily visible labels posted at each
sweat furnace, group 1 furnace, group 2 furnace, in-line
fluxer and scrap dryer/delacquering kiln/decoating kiln that
identifies the applicable emission limits and means of
compliance, including:".
(z) Paragraph 63.1506(b)(1) shall be replaced with the
following language: "The type of affected source or
emission unit (e.g., scrap dryer/delacquering kiln/decoating
kiln, sweat furnace, group 1 furnace, group 2 furnace, in-line
fluxer)."
(aa) Paragraph 63.1506(b)(3) shall be replaced with the
following language: "The afterburner operating temperature
and design residence time for a scrap dryer/delacquering
kiln/decoating kiln or sweat furnace."
(bb) Paragraph 63.1506(d)(1) shall be replaced with the
following language: "Except as provided in paragraph (d)(3)
of this section, install and operate a device that measures and
records or otherwise determines the weight of feed/charge
(or throughput) for each operating cycle or time period used
in the performance test."
(cc) Paragraph 63.1506(e)(3) shall be replaced with the
following language: "If visible emission observations are
used to meet the monitoring requirements in Sec. 63.1510,
the owner or operator must initiate corrective action within
1-hour of any observation of visible emissions in excess of
10 percent opacity during a daily visible emissions test and
complete the corrective action procedures in accordance
with the OM&M plan."
(dd) Paragraph 63.1506(h)(1)(ii) shall be replaced with
the following language: "872 deg.C (1600 deg.F) if a
performance test was not conducted, and the afterburner
meets the specifications of Sec. 63.1505(f)(1)."
(ee) Add the following language after Section 63.1506:
"[65 FR 15710, March 23, 2000; as amended at 67 FR
59791, Sept. 24, 2002; 67 FR 79815, Dec. 30, 2002]".
(ff) Paragraph 63.1510(a) shall be replaced with the
following language: "Summary. On and after the
compliance date established by Sec. 63.1501, the owner or
operator of a new or existing affected source or emission unit
must monitor all control equipment and processes according
to the requirements in this section. Monitoring requirements
for each type of affected source and emission unit are
summarized in Table 1510-1 of this subpart."
(gg) Paragraph 63.1510(b) shall be replaced with the
following language: "Operation, maintenance, and
monitoring (OM&M) plan. The owner or operator must
prepare and implement for each new or existing affected
source and emission unit, a written OM&M plan. The owner
or operator of an existing affected source must submit the
OM&M plan to the Department no later than the compliance
date established by Sec. 63.1501(a). The owner or operator
of any new affected source must submit the OM&M plan to
the Department within 90 days after a successful initial
performance test under Sec. 63.1511(b), or within 90 days
after the compliance date established by Sec. 63.1501(b) if
no initial performance test is required. The plan must be
accompanied by a written certification by the owner or
operator that the OM&M plan satisfies all requirements of
this section and is otherwise consistent with the requirements
of this subpart. The owner or operator must comply with all
of the provisions of the OM&M plan as submitted to the
Department, unless and until the plan is revised in
accordance with the following procedures. If the
Department determines at any time after receipt of the
OM&M plan that any revisions of the plan are necessary to
satisfy the requirements of this section or this subpart, the
owner or operator must promptly make all necessary
revisions and resubmit the revised plan. If the owner or
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1188 PROPOSED REGULATIONS
operator determines that any other revisions of the OM&M
plan are necessary, such revisions will not become effective
until the owner or operator submits a description of the
changes and a revised plan incorporating them to the
Department. Each plan must contain the following
information:".
(hh) Paragraph 63.1510(b)(4)(ii) shall be replaced with
the following language: "Procedures for the quality control
and quality assurance of continuous emission or opacity
monitoring systems as required by the general provisions in
Subpart A of this regulation."
(ii) Paragraph 63.1510(b)(6)(i) shall be replaced with
the following language: "Procedures to determine and record
the cause of a deviation or excursion, and the time the
deviation or excursion began and ended; and"
(jj) Paragraph 63.1510(c) shall be replaced with the
following language: "Labeling. The owner or operator must
inspect the labels for each group 1 furnace, group 2 furnace,
in-line fluxer, sweat furnace, and scrap dryer/delacquering
kiln/decoating kiln at least once per calendar month to
confirm that posted labels as required by the operational
standard in Sec. 63.1506(b) are intact and legible."
(kk) Paragraphs 63.1510(e)(2) and 63.1510(j)(1)(iii)
shall be replaced with the following language: "The owner
or operator must verify the calibration of the weight
measurement device in accordance with the schedule
specified by the manufacturer, which shall not exceed 6
months, or if no calibration schedule is specified, at least
once every 6 months.
(ll) Paragraph 63.1510(f)(1)(ii) shall be replaced with
the following language: "Each triboelectric bag leak
detection system must be installed, calibrated, operated, and
maintained according to the "Fabric Filter Bag Leak
Detection Guidance," (September 1997). Other bag leak
detection systems must be installed, operated, calibrated, and
maintained in a manner consistent with the manufacturer's
written specifications and recommendations."
(mm)Paragraph 63.1510(g)(1) shall be replaced with the
following language: "The owner or operator must install,
calibrate, maintain, and operate a device to continuously
monitor and record the operating temperature of the
afterburner consistent with the requirements for continuous
monitoring systems in subpart A of this regulation."
(nn) Paragraph 63.1510(h)(1) shall be replaced with the
following language: "The owner or operator must install,
calibrate, maintain, and operate a device to continuously
monitor and record the temperature of the fabric filter inlet
gases consistent with the requirements for continuous
monitoring systems in subpart A of this regulation."
(oo) Paragraph 63.1510(i)(1)(ii) shall be replaced with
the following language: "Subject to the approval of the
Department, installing, operating and maintaining a load
cell, carrier gas/lime flow indicator, carrier gas pressure drop
measurement system or other system to confirm that lime is
free-flowing. If lime is found not to be free-flowing, the
owner or operator must promptly initiate and complete
corrective action; or".
(pp) Paragraph 63.1510(j)(5) shall be replaced with the
following language: "The owner or operator of a group 1
furnace or in-line fluxer performing reactive fluxing may
apply to the Administrator for approval of an alternative
method for monitoring and recording the total reactive flux
addition rate based on monitoring the weight or quantity of
reactive flux per ton of feed/charge for each operating cycle
or time period used in the performance test. The
Administrator will not approve the alternative monitoring
method unless the owner or operator provides assurance
through data and information that the affected source will
meet the relevant emission standards on a continuous basis."
(qq) Paragraph 63.1510(n)(2) shall be replaced with the
following language: "Submit a certification of compliance
with the operational standards in Sec. 63.1506(m)(6) for
each 6-month reporting period. Each certification must
contain the information in Sec. 63.1516(b)(2)(iii)."
(rr) Paragraph 63.1510(o)(1)(i) shall be replaced with
the following language: "The owner or operator of an
existing affected source must submit the site-specific
monitoring plan to the Department for review at least 6
months prior to the compliance date, but no earlier than May
11, 2003."
(ss) Paragraph 63.1510(o)(5) shall be replaced with the
following language: "If a continuous emission monitoring
system is included in a site-specific monitoring plan, the
plan must include provisions for the installation, operation,
and maintenance of the system to provide quality-assured
measurements in accordance with all applicable
requirements of the general provisions in subpart A of this
regulation."
(tt) Paragraph 63.1510(s)(1)(iv) shall be replaced with
the following language: "Information and data
demonstrating compliance for each emission unit with all
applicable design, equipment, work practice, or operational
standards of this subpart; and".
(uu) Paragraph 63.1510(s)(2)(i) shall be replaced with
the following language: "Any averaging among emissions of
differing pollutants;".
(vv) Replace the definition of n in paragraph
63.1510(t)(4) with the following language: "n = The number
of emission units in the secondary aluminum processing
unit."
(ww)Paragraph 63.1510(v) shall be replaced with the
following language: "Alternative monitoring method for
lime addition. The owner or operator of a lime-coated fabric
filter that employs intermittent or noncontinuous lime
addition may apply to the Administrator for approval of an
alternative method for monitoring the lime addition schedule
and rate based on monitoring the weight of lime added per
ton of feed/charge for each operating cycle or time period
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1189
used in the performance test. The Administrator will not
approve the alternative monitoring method unless the owner
or operator provides assurance through data and information
that the affected source will meet the relevant emission
standards on a continuous basis."
(xx) Paragraph 63.1510(w) shall be replaced with the
following language: "Alternative monitoring methods. If an
owner or operator wishes to use an alternative monitoring
method to demonstrate compliance with any emission
standard in this subpart, other than those alternative
monitoring methods which may be authorized pursuant to
Sec. 63.1510(j)(5) and Sec. 63.1510(v), the owner or
operator may submit an application to the Administrator
(with a copy sent to the Department). Any such application
will be processed according to the criteria and procedures set
forth in paragraphs (w)(1) through (6) of this section."
(yy) Paragraph 63.1510(w)(2) shall be replaced with the
following language: "The owner or operator must continue
to use the original monitoring requirement until necessary
data are submitted, approval is received from the
Administrator to use another monitoring procedure, and the
Department has been provided a copy of such approval by
the owner or operator."
(zz) Paragraph 63.1510(w)(4)(i) shall be replaced with
the following language: "Notice of the information and
findings upon which the intended disapproval is based and".
(aaa)Add the following language after Section 63.1510:
"[65 FR 15710, March 23, 2000; as amended at 67 FR
59791, Sept. 24, 2002; 67 FR 79815, Dec. 30, 2002]".
(bbb)Paragraph 63.1511(b) shall be replaced with the
following language: "Initial performance test. Following
approval of the site-specific test plan, the owner or operator
must demonstrate initial compliance with each applicable
emission, equipment, work practice, or operational standard
for each affected source and emission unit, and report the
results in the notification of compliance status report as
described in Sec. 63.1515(b). The owner or operator of any
existing affected source for which an initial performance test
is required to demonstrate compliance must conduct this
initial performance test no later than the date for compliance
established by Sec. 63.1501(a). The owner or operator of
any new affected source for which an initial performance test
is required must conduct this initial performance test within
90 days after the date for compliance established by Sec.
63.1501(b). Except for the date by which the performance
test must be conducted, the owner or operator must conduct
each performance test in accordance with the requirements
and procedures set forth in Sec. 63.7(e). Owners or
operators of affected sources located at facilities which are
area sources are subject only to those performance testing
requirements pertaining to D/ F. Owners or operators of
sweat furnaces meeting the specifications of Sec.
63.1505(f)(1) are not required to conduct a performance
test."
(ccc)Add the following language after Section 63.1511:
"[65 FR 15710, March 23, 2000; as amended at 67 FR
59791, Sept. 24, 2002; 67 FR 79815, Dec. 30, 2002]".
(ddd)Paragraph 63.1512(e) shall be replaced with the
following language: "Group 1 furnace (including melting/
holding furnaces) without add-on air pollution control
devices. In the site-specific monitoring plan required by
Sec. 63.1510(o), the owner or operator of a group 1 furnace
(including melting/holding furnaces) without add-on air
pollution control devices must include data and information
demonstrating compliance with the applicable emission
limits."
(eee)Paragraph 63.1512(m)(1) shall be replaced with the
following language: "Prior to the initial performance test, the
owner or operator must conduct a performance evaluation
for the temperature monitoring device according to the
requirements of Sec. 63.8 of this regulation."
(fff) Replace the definition of W1 in paragraph
63.1512(o)(3) with the following language: "W1 = Weight of
reactive flux gas or liquid injected;".
(ggg)Replace the definition of F2 in paragraph
63.1512(o)(3) with the following language: "F2 = Fraction of
solid reactive chloride flux that is chlorine (e.g., F = 0.75 for
magnesium chloride); and".
(hhh)Paragraph 63.1512(o)(5) shall be replaced with the
following language: "If a solid reactive flux other than
magnesium chloride is used, the owner or operator must
derive the appropriate proportion factor (F1 or F2) subject to
approval by the Department."
(iii) Paragraph 63.1512(r) shall be replaced with the
following language: "Labeling. The owner or operator of
each scrap dryer/delacquering kiln/decoating kiln, group 1
furnace, group 2 furnace, sweat furnace, and in-line fluxer
must submit the information described in Sec. 63.1515(b)(3)
as part of the notification of compliance status report to
document conformance with the operational standard in Sec.
63.1506(b)."
(jjj) Paragraph 63.1512(s) shall be replaced with the
following language: "Capture/collection system. The owner
or operator of a new or existing affected source or emission
unit with an add-on control device must submit the
information described in Sec. 63.1515(b)(5) as part of the
notification of compliance status report to document
conformance with the operational standard in Sec.
63.1506(c)."
(kkk)Add the following language after Section 63.1512:
"[65 FR 15710, March 23, 2000; as amended at 67 FR
79815, Dec. 30, 2002]".
(lll) Paragraph 63.1513(d) shall be replaced with the
following language: "Conversion of D/F measurements to
TEQ units. To convert D/F measurements to TEQ units, the
owner or operator must use the procedures and equations in
"Interim Procedures for Estimating Risks Associated with
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1190 PROPOSED REGULATIONS
Exposures to Mixtures of Chlorinated Dibenzo-p-Dioxins
and -Dibenzofurans (CDDs and CDFs) and 1989 Update"
(EPA-625/3-89-016)."
(mmm)The opening of Paragraph 63.1513(e)(3) shall be
replaced with the following language: "Use Equation 11 to
compute the aluminum mass-weighted D/F emissions for the
secondary aluminum processing unit. Compliance is
achieved if the mass-weighted emissions for the secondary
aluminum processing unit (EcD/F) is less than or equal to the
emission limit for the secondary aluminum processing unit
(LcD/F) calculated using Equation 3 in Sec. 63.1505(k)."
(nnn)Paragraph 63.1515(a)(3) shall be replaced with the
following language: "As required by Sec. 63.9(b)(4), the
owner or operator of a new or reconstructed major affected
source or of a source that has been reconstructed such that
the source becomes a major affected source, that has an
initial startup after the effective date of this subpart and for
which an application for approval of construction or
reconstruction is required by Sec. 63.5(d) must provide the
following notifications:".
(ooo)Paragraph 63.1515(a)(3)(i) shall be replaced with
the following language: "Intention to construct a new major
affected source, reconstruct a major source, or reconstruct a
source such that the source becomes a major affected
source;".
(ppp)Paragraph 63.1515(a)(4)(i) shall be replaced with
the following language: "[Reserved]."
(qqq)Paragraph 63.1515(a)(4)(ii) shall be replaced with
the following language: "[Reserved]."
(rrr) Paragraph 63.1515(a)(6) shall be replaced with the
following language: "As required by Sec. 63.9(e) and (f), the
owner or operator must provide notification of the
anticipated date for conducting performance tests and visible
emission observations. The owner or operator must notify
the Department of the intent to conduct a performance test at
least 60 days before the performance test is scheduled;
notification of opacity or visible emission observations for a
performance test must be provided at least 30 days before the
observations are scheduled to take place."
(sss)Paragraph 63.1515(b) shall be replaced with the
following language: "Notification of compliance status
report. Each owner or operator of an existing affected
source must submit a notification of compliance status report
within 60 days after the compliance dates specified in Sec.
63.1501(a). Each owner or operator of a new affected source
must submit a notification of compliance status report within
90 days after conducting the initial performance test required
by Sec. 63.1511(b), or within 90 days after the compliance
date established by Sec. 63.1501(b) if no initial performance
test is required. The notification must be signed by the
responsible official who must certify its accuracy. A
complete notification of compliance status report must
include the information specified in paragraphs (b)(1)
through (10) of this section and shall be submitted to the
Department (with a copy sent to the Administrator). The
required information may be submitted in an operating
permit application, in an amendment to an operating permit
application, in a separate submittal, or in any combination.
If an owner or operator submits the information specified in
this section at different times or in different submittals, later
submittals may refer to earlier submittals instead of
duplicating and resubmitting the information previously
submitted. A complete notification of compliance status
report must include:"
(ttt) Paragraph 63.1515(b)(8) shall be replaced with the
following language: "Manufacturer's specification or
analysis documenting the design residence time of no less
than 0.8 seconds and design operating temperature of no less
than 872 deg.C (1600 deg.F) for each afterburner used to
control emissions from a sweat furnace that is not subject to
a performance test."
(uuu)Paragraph 63.1515(b)(10) shall be replaced with
the following language: "Startup, shutdown, and
malfunction (SSM) plan, with revisions."
(vvv)Add the following language after Section 63.1511:
"[65 FR 15710, March 23, 2000; as amended at 67 FR
59791, Sept. 24, 2002; 67 FR 79815, Dec. 30, 2002]".
(www)Paragraph 63.1516(a) shall be replaced with the
following language: "Startup, shutdown, and malfunction
plan/reports. The owner or operator must develop and
implement a written plan as described in Sec. 63.6(e)(3) that
contains specific procedures to be followed for operating and
maintaining the source during periods of startup, shutdown,
and malfunction, and a program of corrective action for
malfunctioning process and air pollution control equipment
used to comply with the standard. The owner or operator
shall also keep records of each event as required by Sec.
63.10(b) and record and report if an action taken during a
startup, shutdown, or malfunction is not consistent with the
procedures in the plan as described in Sec. 63.6(e)(3) and
Sec. 63.10(d)(5). In addition to the information required in
Sec. 63.6(e)(3), the plan must include:".
(xxx)Paragraph 63.1516(b)(1)(v) shall be replaced with
the following language: "An action taken during a startup,
shutdown, or malfunction was not consistent with the
procedures in the SSM plan as described in Sec. 63.6(e)(3)."
(yyy)Paragraph 63.1516(b)(2)(vi) shall be replaced with
the following language: "For each in-line fluxer using no
reactive flux: "Only nonreactive, non-HAP-containing/non-
HAP-generating flux gases, agents, or materials were used at
any time during this reporting period.""
(zzz)Paragraph 63.1516(c) shall be replaced with the
following language: "Annual compliance certifications. For
the purpose of annual certifications of compliance required
by Regulation 30, the owner or operator must certify
continuing compliance based upon, but not limited to, the
following conditions:".
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1191
(aaaa)Paragraph 63.1516(d) shall be added with the
following language: "Submittals. The owner or operator
shall submit all reports, notifications, and/or certifications
required by this subpart to the Department (with a copy sent
to the EPA Region 3 office, to the attention of Judith Katz
(3AP00), Director, Air Protection Division, US EPA Region
III, 1650 Arch Street, Philadelphia, PA 19103)."
(bbbb)Paragraph 63.1517(a) shall be replaced with the
following language: "As required by Sec. 63.10(b), the
owner or operator shall maintain files of all information
(including all reports and notifications) required by Sec.
63.10 and this subpart."
(cccc)Paragraph 63.1517(a)(2) shall be replaced with
the following language: "The owner or operator may retain
records on microfilm, computer disks, magnetic tape, or
microfiche."
(dddd)Paragraph 63.1517(b)(4)(i) shall be replaced with
the following language: "Records of inspections at least once
every 8-hour period verifying that lime is present in the
feeder hopper or silo and flowing, including any inspection
where blockage is found, with a brief explanation of the
cause of the blockage and the corrective action taken, and
records of inspections at least once every 4-hour period for
the subsequent 3 days. If flow monitors, pressure drop
sensors or load cells are used to verify that lime is present in
the hopper and flowing, records of all monitor or sensor
output including any event where blockage was found, with
a brief explanation of the cause of the blockage and the
corrective action taken."
(eeee)Add the following language after Section
63.1511: "[65 FR 15710, March 23, 2000; as amended at 67
FR 79815, Dec. 30, 2002]".
(ffff)Section 63.1518 shall be replaced with the
following language: "Owners or operators of affected
sources subject to the provisions of this subpart must also
comply with the requirements of subpart A of this
regulation, according to the applicability of subpart A of this
regulation to such sources as identified in Table 1 of this
subpart."
(gggg)Section 63.1519 shall be renamed with the
following language: "[Reserved]".
(hhhh)The entire content of Paragraph 63.1519(a) as
promulgated shall be deleted and its heading shall be
replaced with the following language: "(a) [Reserved]."
(iiii)The entire content of Paragraph 63.1519(b) as
promulgated shall be deleted and its heading shall be
replaced with the following language: "(a) [Reserved]."
(jjjj)Replace the title of Table 1 following Section
63.1520 with the following title: "Table 1505-1 of Subpart
RRR - Emission Standards for New and Existing Affected
Sources".
(kkkk)Replace the definition of LtiD/F in Table 1505-1
of Subpart RRR with the following language: "LtiD/F = the
D/F emission limit for individual emission unit i in the
secondary aluminum processing unit [µg TEQ/Mg (gr TEQ/
ton) of feed];".
(llll)Replace the title of Table 2 following Section
63.1520 with the following title: "Table 1506-1 of Subpart
RRR.-Summary of Operating Requirements for New and
Existing Affected Sources and Emission Units".
(mmmm)In Table 1506-1 of Subpart RRR, the third
entry in the "Affected source/emission unit" column is
replaced with the following language: "Group 1 furnace,
group 2 furnace, in-line fluxer, sweat furnace, and scrap
dryer/delacquering kiln/decoating kiln."
(nnnn)In Table 1506-1 of Subpart RRR, the third entry
in the "Operating requirements" column is replaced with the
following language: "Identification, operating parameter
ranges and operating requirements posted at affected sources
and emission units; control device temperature and residence
time requirements posted at scrap dryer/delacquering kiln/
decoating kiln or sweat furnace.
(oooo)Replace the title of Table 3 following Section
63.1520 with the following title: "Table 1510-1 of Subpart
RRR.-Summary of Monitoring Requirements for New and
Existing Affected Sources and Emission Units".
(pppp)In Table 1510-1 of Subpart RRR, the third entry
in the "Affected source/Emission unit" column is replaced
with the following language: "Group 1 furnace, group 2
furnace, in-line fluxer, sweat furnace, and scrap dryer/
delacquering kiln/decoating kiln."
(qqqq)In Table 1510-1 of Subpart RRR, all entries in the
"Monitoring requirements" column of "40 CFR part 63" are
replaced with "this regulation".
(rrrr)In Table 1510-1 of Subpart RRR, the fourteenth
entry in the "Monitoring requirements" column is replaced
with the following language: "For continuous injection
systems, inspect each feed hopper or silo every 8 hrs to
verify that lime is free-flowing; record results of each
inspection. If blockage occurs, inspect every 4 hrs for 3 days;
return to 8-hr inspections if corrective action results in no
further blockage during 3-day period; record feeder setting
daily."
(ssss)In Table 1510-1 of Subpart RRR, the thirtyseventh
entry in the "Monitoring requirements" column is
replaced with the following language: "Record type of
permissible feed/charge material; certify charge materials
every 6 months."
(tttt)Replace the title of Appendix A following Section
63.1520 with the following title: "Table 1 of Subpart RRR
of Regulation 38-Subpart A (General Provisions)
Applicability to Subpart RRR".
(uuuu)In Table 1 of Subpart RRR, the comment for
Section 63.1(c)(2) under "Citation" shall be replaced with
the following language: "States have option to defer area
sources from title V permit program."
(vvvv)In Table 1 of Subpart RRR, Section 63.7(a)-(h)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1192 PROPOSED REGULATIONS
under "Citation" shall be replaced with the following
language: "63.7(a)".
(wwww)In Table 1 of Subpart RRR, Section
63.10(c)(15) shall be added under "Citation", next to which
shall be added "Yes." under "Applies to RRR."
(xxxx)Add the following language after Table 1 of
Subpart RRR: "[65 FR 15710, March 23, 2000; as amended
at 67 FR 59791, Sept. 24, 2002]".
DIVISION OF FISH & WILDLIFE
Statutory Authority: 7 Delaware Code,
Section 903(e)(2)a, (7 Del.C. §903(e)(2)a)
REGISTER NOTICE
SAN# 2003-4
1. TITLE OF THE REGULATIONS:
Tidal Finfish Regulation 7. Striped Bass Possession Size
Limit; Exceptions.
2. BRIEF SYNOPSIS OF THE SUBJECT,
SUBSTANCE AND ISSUES:
To comply with the recreational size limits, daily creel
or bag limits and seasons included in Amendment #6 to the
Interstate Fishery Management Plan for Striped Bass as
adopted by the Atlantic States Marine Fisheries Commission
on February 24, 2003, Delaware must select from among the
following options:
Option 1: Maintain existing minimum size limits, and
possession limits (one striped bass between 24 and 28 inches
total length and one greater than or equal to 28 inches total
length).
Option 2: Establish a new minimum size limit of 28
inches total length, and a two fish daily possession limit.
Option 3: Maintain existing size and possession limits
(one striped bass between 24 and 28 inches total length and
one greater than or equal to 28 inches total length) with a
closed season to be defined that is in compliance with
Amendment #6 of the Interstate Fishery Management Plan
for Striped Bass.
3. POSSIBLE TERMS OF THE AGENCY ACTION:
Until changed
4. STATUTORY BASIS OR LEGAL AUTHORITY
TO ACT:
7 Delaware Code, 903(e)(2)a
5. OTHER REGULATIONS THAT MAY BE
AFFECTED BY THE PROPOSAL:
None
6. NOTICE OF PUBLIC COMMENT:
Individuals may present their opinions and evidence
and/or request additional information by contacting the
Fisheries Section, Division of Fish and Wildlife, 89 Kings
Highway, Dover, Delaware 19901, (302)739-3441. A public
hearing on this proposed amendment will be held at the
Department of Natural Resources and Environmental
Control Auditorium 89 Kings Highway, Dover DE at 7:30
PM on Friday March 21, 2003. The record will remain open
for written comments until 4:30 PM on March 31, 2003.
TIDAL FINFISH REGULATION 7. STRIPED BASS
POSSESSION SIZE LIMIT; EXCEPTIONS.
a) Notwithstanding, the provisions of §929(b)(1),
Chapter 9, Title 7, Delaware Code or unless otherwise
authorized, it shall be unlawful for any recreational
fisherman to take and reduce to possession more than two (2)
striped bass from the tidal waters of this State in one day
provided one measures no less than twenty-four (24) inches
in total length or more than twenty-eight in total length and
one measures no less than twenty-eight (28) inches in total
length. (Note: minimum size limits for recreational
fishermen will be chosen from among the following
options):
Option 1. (Note: This option represents the status quo
with present regulations): one measures no less than
twenty-four (24) inches in total length or more than
twenty-eight (28) inches in total length and one
measures no less than twenty-eight (28) inches in total
length.
Option 2. two fish that measure no less than twentyeight
(28) inches, total length (TL)
Option 3. (Note: This option represents the status quo
with present regulations): one measures no less than
twenty-four (24) inches in total length or more than
twenty-eight inches in total length and one measures no
less than twenty-eight (28) inches in total length, except
that the season will be approved by the Atlantic States
Marine Fisheries Commission as being consistent with
the most recent amendment to the Interstate Fishery
Management Plan for Atlantic Striped Bass.
b) Notwithstanding, the provisions of §929(b)(1),
Chapter 9, Title 7, Delaware code or unless otherwise
authorized, it shall be unlawful for any commercial food
fisherman to take and reduce to possession any striped bass
from the tidal waters of this State that measure less than
twenty (20) inches in total length.
c) Unless otherwise authorized, it shall be unlawful for
any person to possess a striped bass that measures less than
24 inches, total length, unless said striped bass is in one or
more of the following categories: (Note: minimum size limit
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
PROPOSED REGULATIONS 1193
for recreational fishermen will be chosen from among the
above three size limit options)
1) It has affixed, a valid strap tag issued by the
Department to a commercial food fisherman; or
2) It was legally landed in another state for
commercial purposes and has affixed a valid tag
issued by said state's marine fishery authority; or
3) It is packed or contained for shipment, either
fresh or frozen, and accompanied by a bill-of-lading
with a destination to a state other than Delaware; or
4) It was legally landed in another state for non
commercial purposes by the person in possession of
said striped bass and there is affixed to either the
striped bass or the container in which the striped
bass is contained a tag that depicts the name and
address of the person landing said striped bass and
the date, location, and state in which said striped
bass was landed; or
5) It is the product of a legal aquaculture operation
and the person in possession has a written bill of
sale or receipt for said striped bass.
d) Unless otherwise authorized, it shall be unlawful for
any commercial finfisherman to possess any striped bass for
which the total length has been altered in any way prior to
selling, trading or bartering said striped bass.
e) The words "land" and "landed" shall mean to put or
cause to go on shore from a vessel.
f) It shall be unlawful for any person, except a
commercial finfisherman authorized to fish during
Delaware's commercial striped bass fishery, to land any
striped bass that measures less than twenty four (24) inches
in total length. (Note: minimum size limit for recreational
fishermen will be chosen from among the above three size
limit options)
g) It shall be unlawful for a commercial finfisherman
authorized to fish during Delaware's commercial striped
bass fishery to land any striped bass that measures less than
twenty (20) inches in total length.
DIVISION OF FISH & WILDLIFE
Statutory Authority: 7 Delaware Code,
Section 903(e)(2)a, (7 Del.C. §903(e)(2)a)
REGISTER NOTICE
SAN# 2002-25
1. TITLE OF THE REGULATIONS:
Tidal Finfish Regulation 10. WEAKFISH SIZE
LIMITS; POSSESSION LIMITS; SEASONS
2. BRIEF SYNOPSIS OF THE SUBJECT,
SUBSTANCE AND ISSUES:
To comply with the recreational size and possession
limits included in Amendment #4 to the Interstate Fishery
Management Plan for Weakfish as adopted by the Atlantic
States Marine Fisheries Commission (ASMFC) at its annual
meeting held November 21, 2002, Delaware must select
from among the following minimum size and daily harvest
limit options for recreational fishermen: option 1) 7
weakfish/day at 12 inches, option 2) 8 at 13 inches, option 3)
9 at 14 inches or option 4) 10 weakfish at any minimum size
equal to or greater than 15 inches.
For commercial fishing, closure days shall be in effect
each year as in previous years as required in the ASMFC
Interstate Fishery Management Plan for Weakfish. On the
closure days it shall be unlawful to fish with any gill net or to
take and reduce to possession any weakfish from the
Delaware Bay or the Atlantic Ocean with any fishing
equipment other than hook and line: The closure dates shall
include the following: every weekend day (defined as 12:01
AM on Friday through midnight Sunday) in both May and
June, plus contiguous weekdays (defined as 12:01 AM
Monday through midnight Thursday) at the beginning of
May and the end of June, such that the total number of
closure days add up to 34 days. The exact dates of the
closures shall be distributed in advance to all holders of gill
net permits and published annually in the Delaware Fishing
Guide.
3. POSSIBLE TERMS OF THE AGENCY ACTION:
Until changed
4. STATUTORY BASIS OR LEGAL AUTHORITY
TO ACT:
7 Delaware Code, 903(e)(2)a.
5. OTHER REGULATIONS THAT MAY BE
AFFECTED BY THE PROPOSAL:
None
6. NOTICE OF PUBLIC COMMENT:
Individuals may present their opinions and evidence
and/or request additional information by writing, calling or
visiting the Fisheries Section, Division of Fish and Wildlife,
89 Kings Highway, Dover, Delaware 19901, (302)739-3441.
A public hearing on this proposed amendment will be held at
the Department of Natural Resources and Environmental
Control Auditorium 89 Kings Highway, Dover DE at 7:30
PM on Friday March 21, 2003. The record will remain open
for written comments until 4:30 PM on March 31, 2003.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1194 PROPOSED REGULATIONS
TIDAL FINFISH REGULATION 10. WEAKFISH
SIZE LIMITS; POSSESSION LIMITS; SEASONS.
a) It shall be unlawful for any person to possess
weakfish Cynoscion regalis taken with a hook and line, that
measure less than fourteen (14) inches, total length. (Note:
size limit to be determined in combination with creel limit).
b) It shall be unlawful for any person to whom the
Department has issued a commercial food fishing license
and a food fishing equipment permit for hook and line to
have more than fourteen (14) weakfish in possession during
the period beginning at 12:01 AM on May 1 and ending at
midnight on October 31 except on four specific days of the
week as indicated by the Department on said person's food
fishing equipment permit for hook and line. (Note: creel
limit to be determined in combination with size limit).
c) It shall be unlawful for any person, who has been
issued a valid commercial food fishing license and a valid
food fishing equipment permit for equipment other than a
hook and line to possess weakfish, lawfully taken by use of
such permitted food equipment, that measure less than
twelve (12) inches, total length.
d) It shall be unlawful for any person, except a person
with a valid commercial food fishing license, to have in
possession more than fourteen (14) weakfish, not to include
weakfish in one's personal abode or temporary or transient
place of lodging. A person may have weakfish in possession
that measure no less than twelve (12) inches, total length,
and in excess of fourteen (14) if said person has a valid billof-
sale or receipt for said weakfish that indicates the date
said weakfish were received, the number of said weakfish
received and the name, address and signature of the
commercial food fisherman who legally caught said
weakfish or a bill-of-sale ore receipt from a person who is a
licensed retailer and legally obtained said weakfish for
resale. (Note: creel limit to be determined in combination
with size limit).
e) It shall be unlawful for any person to fish with any
gill net in the Delaware Bay or Atlantic Ocean or to take and
reduce to possession any weakfish from the Delaware Bay or
the Atlantic Ocean with any fishing equipment other than a
hook and line during the following periods of time:
Beginning at 12:01 AM on May 1, 2002 and ending at
midnight on May 12, 2001;
Beginning at 12:01 AM on May 17, 2002 and ending at
midnight on May 19, 2002;
Beginning at 12:01 AM on May 24, 2002 and ending at
midnight on May 26;
Beginning at 12:01 AM on May 31, 2002 and ending at
midnight on June 2, 2002;
Beginning at 12:01 AM on June 7, 2002 and ending at
midnight on June 9, 2002;
Beginning at 12:01 AM on June 14, 2002 and ending at
midnight on June 16, 2002;
and beginning at 12:01 AM on June 24, 2002 and
ending at midnight on June 30, 2002.
Every weekend day (defined as 12:01 AM on Friday
through midnight Sunday) in both May and June, plus
contiguous weekdays (defined as 12:01 AM Monday
through midnight Thursday) at the beginning of May and the
end of June, such that the total number of closure days add
up to thirty four (34) days. The exact dates of closures each
year shall be mailed in advance to the affected public and
published annually in the Delaware Fishing Guide.
f) The Department shall indicate on a person's food
fishing equipment permit for hook and line four (4) specific
days of the week during the period May 1 through October
31, selected by said person when applying for said permit, as
to when said permit is valid to take in excess of fourteen (14)
weakfish per day. These four days of the week shall not be
changed at any time during the remainder of the calendar
year. (Note: creel limit to be determined in combination
with size limit).
g) It shall be unlawful for any person with a food
fishing equipment permit for hook and line to possess more
than fourteen (14) weakfish while on the same vessel with
another person who also has a food fishing equipment permit
for hook and line unless each person's food fishing
equipment permit for hook and line specifies the same day of
the week in question for taking in excess of fourteen (14)
weakfish. (Note: creel limit to be determined in combination
with size limit).
b)
c) Note: Proposed options for hook and line minimum
size limits and daily creel or bag limits:
d)
e) Option Minimum Daily
size in inches Creel or
total length Bag Limit
f) 1. 12 7
g) 2. 13 8
h) 3. 14 9
i) 4. 15 10
j) 5. Any size greater than 10
15 inches
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
FINAL REGULATIONS 1195
Symbol Key
Roman 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.
DEPARTMENT OF
ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION
BOARD OF NURSING
Statutory Authority: 24 Delaware Code,
Section 1906(1) (24 Del. C. §1906(1))
ORDER
Nature Of The Proceedings
On June 25, 2002, the Governor signed into law Senate
Bill No. 356 of the 141st General Assembly which provided
for limited dispensing by Licensed Practical Nurses (LPNs)
only as permitted in the Rules and Regulations of the Board
of Nursing.
Pursuant to 24 Del. C. § 1906(1) the Board of Nursing is
empowered to adopt, and from time to time revise rules,
regulations and standards and the Board has proposed to
adopt amendments to the Rules and Regulations which
expressly govern and limit dispensing of medications by
LPNs, as more specifically set forth in the Notice appearing
in the Delaware Register of Regulations published December
1, 2002.
Pursuant to 29 Del. C. § 10115, notice was given to the
public that a hearing would be held on January 15, 2003 at
9:00 a.m. in Conference A, of the Cannon Building, 861
Silver Lake Boulevard, Dover, Delaware to consider such
proposed Rules and Regulation changes. The notice invited
all interested persons to submit comments orally or in
writing regarding the proposed Regulations. The hearing
was held on January 15, 2003 and a quorum of the Board of
Nursing was present. This is the Order of the Board as a
result of that hearing which repeals the present subsection
7.6 of the Regulations of the Board and replaces it with a
revised subsection 7.6 establishing limited dispensing
authority for LPNs as contemplated by the above mentioned
legislation [73 Del. Laws, c 316].
Evidence And Information Submitted
There were both written and oral comments submitted
by the public at the public hearing which are summarized
below.
Written comments were submitted on two occasions by
the State Council for Persons With Disabilities. Both
submissions contained the same comments and both
endorsed the regulations authorizing LPNs to dispense
medication as well as the clarification of the definition of the
term "dispense". The Council noted that any requirement
that nurses assure compliance with state generic substitution
laws may be overly broad and that it may be imprudent to
impose a regulatory requirement that the nurse be
responsible for questioning whether a generic or a namebrand
drug should have been prescribed.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1196 FINAL REGULATIONS
In her sworn testimony, Iva Boardman, R.N., M.S.N.,
the Executive Director for the Board of Nursing explained
the history of the proposed change to the prior prohibition
against LPNs dispensing medications. The changes began
when, at the request of several nursing employers, the Board
of Nursing reviewed the LPN dispensing prohibition. The
nursing employers cited specific situations where elements
of dispensing (as opposed to full dispensing authority) were
needed in specific employment settings. For example, in
prenatal clinics, the pre-natal vitamins are packaged and
labeled, except for the client's name. In methadone clinics, a
machine is used to fill the bottle and separately generate the
completed label requiring the application of the label to the
bottle. The Nursing Practice Committee of the Board
reviewed the requests and recommended to the Board that
limited elements of dispensing be recognized for LPNs. The
Board approved the recommendation of its Nursing Practice
Committee and sought legislative approval to permit limited
dispensing authority for LPNs. The legislature favorably
considered the Board's recommendations and on June 25,
2002, the Governor signed into law Senate Bill No. 356 of
the 141st General Assembly which provided for limited
dispensing by Licensed Practical Nurses (LPNs) but only as
permitted in the Rules and Regulations of the Board of
Nursing. Section 7.6 of the Board's Regulations has been
modified to allow limited elements of dispensing by LPNs to
be recognized
Regarding the comments of the State Council for
Persons With Disabilities, Ms. Boardman noted that she has
discussed the Council's observation concerning the
requirement that nurses assure compliance with state generic
substitution laws with David Dryden of the Board of
Pharmacy and they have determined that responsibility
belongs with the individual prescribing rather than the
individual dispensing.
Findings Of Fact And Conclusions
The Board finds the proposed repeal of Subsection 7.6
and the re-enactment of the proposed revised Subsection 7.6
serves to establish Regulations which meet a defined need
and permit reasonable and necessary limited dispensing
activities by Licensed Practical Nurses in certain limited
circumstances. The Board finds it has the specific authority
to enact such Regulations pursuant to the legislative revision
to the Nurse Practice Act permitting LPN dispensing as
allowed by the Regulations of the Board.
Concerning the Comments of the State Council the
Board notes that Section 7.3.1.6 states that the dispensing
nurse must assure compliance to the state generic
substitution laws when selecting the product to be
dispensed.(Emphasis added). This situation would normally
not apply to those situations where an LPN would be
authorized to engage in limited dispensing activities
permitted under the proposed Regulations because the LPN
would not be selecting the product to be dispensed.
Under the Regulations the authority for Licensed
Practical Nurses to engage in "dispensing" is limited to three
situations:
1. Licensed Practical Nurses may provide to a
patient pre-packaged medication in accordance
with the order of a practitioner duly licensed to prescribe
medication where such medications have
been pre-packaged by a person with lawful authority
to dispense drugs.
2. Licensed Practical Nurses, per written order
of a physician, dentist podiatrist, advanced practice
nurse or other practitioner duly licensed to prescribe
medication, may add the name of the client
to a preprinted label on a pre-packaged medication.
3. Licensed Practical Nurses in a licensed
methadone clinic may apply a preprinted label to a
pre-packaged medication.
Decision And Order Adopting Regulations
Pursuant to the authority of the Board of Nursing to
promulgate, adopt and revise rules and regulations pursuant
to 24 Del. C. § 1906(1), it is the decision of the Board of
Nursing to repeal the present subsection 7.6 regarding
"Dispensing" and to adopt the proposed Rules and
Regulations subsection 7.6 -Dispensing, a copy of which are
attached hereto as Exhibit "A" and incorporated herein. The
effective date of the new subsection 7.6 shall be the later of
March 11, 2003 or ten (10) days after the publication of this
Order in the Register of Regulations.
IT IS SO ORDERED this 12th day of February 2003.
THE BOARD OF NURSING
(As authenticated by a quorum of the Board):
Janet M. West, RN MSN, President/Vice-President
James Vanderwall
Jan Monihan, RN, M.Ed.
Robert Lawson_
Margaret Ingram, LPN
Til Purnell
Lucille Gambardella, Ph.D., RN, CS, APN
Gwen Hines, LPN
Sheila A. McMahon, MSN, RN
7.0 Standards of Nursing Practice
7.1 Authority "Standards of nursing practice" means
those standards of practice adopted by the Board that
interpret the legal definitions of nursing, as well as provide
criteria against which violations of the law can be
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
FINAL REGULATIONS 1197
determined. Such standards of nursing practice shall not be
used to directly or indirectly affect the employment practices
and deployment of personnel by duly licensed or accredited
hospitals and other duly licensed or accredited health care
facilities and organizations. In addition, such standards shall
not be assumed the only evidence in civil malpractice
litigation, nor shall they be given a different weight than any
other evidence.
7.2 Purpose The purpose of standards is to establish
minimal acceptable levels of safe practice for the Registered
and Licensed Practical Nurse, and to serve as a guide for the
Board to evaluate safe and effective nursing care.
7.3 Standards of Practice for the Registered and
Licensed Practical Nurse
7.3.1 Standards related to the Registered Nurse.
7.3.1.1 The Registered Nurse shall conduct
and document nursing assessments of the health status of
individuals and groups by:
7.3.1.1.1 Collecting objective and
subjective data from observations, examinations, interviews
and written records in an accurate and timely manner. The
data include but are not limited to:
7.3.1.1.1.1 Biophysical and
emotional status and observed changes;
7.3.1.1.1.2 Growth and
development;
7.3.1.1.1.3 Ethno-cultural, spiritual,
socio-economic and ecological background;
7.3.1.1.1.4 Family health history;
7.3.1.1.1.5 Information collected by
other health team members;
7.3.1.1.1.6 Ability to perform
activities of daily living;
7.3.1.1.1.7 Consideration of client's
health goals;
7.3.1.1.1.8 Client knowledge and
perception about health status and potential, or maintaining
health status;
7.3.1.1.1.9 Available and accessible
human and material resources;
7.3.1.1.1.10 Patterns of coping and
interaction.
7.3.1.1.2 Sorting, selecting, reporting,
and recording the data.
7.3.1.1.3 Analyzing data.
7.3.1.1.4 Validating, refining and
modifying the data by using available resources including
interactions with the client, family, significant others, and
health team members.
7.3.1.1.5 Evaluating data.
7.3.1.2 Registered Nurses shall establish and
document nursing diagnoses that serve as the basis for the
strategy of care.
7.3.1.3 Registered Nurses shall develop
strategies of care based on assessment and nursing
diagnoses. This includes, but is not limited to:
7.3.1.3.1 Prescribing nursing
intervention(s) based on the nursing diagnosis.
7.3.1.3.2 Initiating nursing
interventions through
7.3.1.3.2.1 Giving care.
7.3.1.3.2.2 Assisting with care.
7.3.1.3.2.3 Delegating care.
7.3.1.3.3 Identifying to the
identification of priorities in the strategies of care.
7.3.1.3.4 Setting realistic and
measurable goals for implementation.
7.3.1.3.5 Identifying measures to
maintain comfort, to support human functions and responses,
to maintain an environment conducive to well being, and to
provide health teaching and counseling.
7.3.1.3.6 Supervising the caregiver to
whom care is delegated.
7.3.1.4 Registered Nurses shall participate in
the implementation of the strategy of care by:
7.3.1.4.1 Providing care for clients
whose conditions are stabilized or predictable.
7.3.1.4.2 Providing care for clients
whose conditions are critical and/or fluctuating, under the
direction and supervision of a recognized authority.
7.3.1.4.3 Providing an environment
conducive to safety and health.
7.3.1.4.4 Documenting nursing
interventions and client outcomes.
7.3.1.4.5 Communicating nursing
interventions and client outcomes to health team members.
7.3.1.5 Registered Nurses shall evaluate
outcomes, which shall include the client, family, significant
others and health team members.
7.3.1.5.1 Evaluation data shall be
appropriately documented; and
7.3.1.5.1.1 Be communicated to the
client, family, significant others and appropriate members of
the health care team; and
7.3.1.5.1.2 Used as a basis for
modifying outcomes by reassessing client health status,
modifying nursing diagnoses, revising strategies of care or
prescribing changes in nursing interventions.
7.4 Standards of Practice for the Licensed Practical
Nurse
7.4.1 Standards related to the Licensed Practical
Nurse's contributions to the nursing process.
7.4.1.1 The Licensed Practical Nurse shall
contribute to and document nursing assessments of the
health status of individuals and groups by:
7.4.1.1.1 Sorting, selecting, reporting,
and recording the data.
7.4.1.1.2 Collecting objective and
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1198 FINAL REGULATIONS
subjective data from observations, examinations, interview
and written records in an accurate and timely manner. The
data include but are not limited to:
7.4.1.1.2.1 Biophysical and
emotional status and observed changes;
7.4.1.1.2.2 Growth and
development;
7.4.1.1.2.3 Ethno-cultural, spiritual,
socio-economic, and ecological background;
7.4.1.1.2.4 Family health history;
7.4.1.1.2.5 Information collected by
other health team members;
7.4.1.1.2.6 Ability to perform
activities of daily living;
7.4.1.1.2.7 Consideration of client's
health goals;
7.4.1.2 Licensed Practical Nurses shall
participate in establishing and documenting nursing
diagnoses that serve as the basis for the strategy of care.
7.4.1.3 Licensed Practical Nurses shall
participate in developing strategies of care based on
assessment and nursing diagnoses.
7.4.1.3.1Contributing to setting realistic
and measurable goals for implementation.
7.4.1.3.2Participating in identifying
measures to maintain comfort, to support human functions
and responses to maintain an environment conducive to
well-being, and to provide health teaching and counseling.
7.4.1.3.3Contributing to setting client
priorities.
7.4.1.4 Licensed Practical Nurses shall
participate in the implementation of the strategy of care by:
7.4.1.4.1Providing care for clients whose
conditions are stabilized or predictable.
7.4.1.4.2Providing care for clients whose
conditions are critical and/or fluctuating, under the
directions and supervision of a recognized licensed
authority.
7.4.1.4.3Providing an environment
conducive to safety and health.
7.4.1.4.4Documenting nursing
interventions and client outcomes.
7.4.1.4.5Communicating nursing
interventions and client outcomes to health team members.
7.4.1.5 Licensed Practical Nurses shall
contribute to evaluating outcomes by appropriately
documenting and communicating to the client, family,
significant others and the health care team members.
7.5 Standards Related to the Registered and
Licensed Practical Nurse's Competencies and
Responsibilities.
7.5.1 Registered and Licensed Practical Nurses
shall:
7.5.1.1 Have knowledge of the statutes and
regulations governing nursing and function within the legal
boundaries of professional and practical nursing practice.
7.5.1.2 Accept responsibility for competent
nursing practice.
7.5.1.3 Function as a member of the health
team:
7.5.1.3.1 By collaborating with other
members of the health team to provide optimum care, or
7.5.1.3.2 As an LPN under the
direction and supervision of a recognized licensed authority.
7.5.1.4 Consult with nurses, other health team
members and community agencies for continuity of care and
seek guidance as necessary.
7.5.1.5 Obtain instruction and supervision as
necessary when implementing nursing techniques.
7.5.1.6 Contribute to the formulation,
interpreting, implementing and evaluating of the objectives
and policies related to professional and practical nursing
practice within the employment setting.
7.5.1.7 Participate in evaluating nurses
through peer review.
7.5.1.8 Report unsafe nursing practice to the
Board and unsafe practice conditions to recognized legal
authorities.
7.5.1.9 Practice without discrimination as to
age, race, religion, sex, sexual orientation, national origin, or
disability.
7.5.1.10 Respect the dignity and rights of
clients regardless of social or economic status, personal
attributes or nature of health problems.
7.5.1.11 Respect the client's right to
privacy by protecting confidentiality unless obligated by law
to disclose the information.
7.5.1.12 Respect the property of clients,
their families and significant others. In addition to the
proceeding, the Registered Nurse shall:
7.5.1.13 Delegate to others only those
nursing interventions that those persons are prepared or
qualified to perform.
7.5.1.14 Supervise others to whom
nursing interventions are delegated.
7.5.1.15 Retain professional
accountability for care when delegating.
7.5.1.16 Teach safe practice to other
health care workers as appropriate.
7.6 Dispensing
7.6.1 Definitions
7.6.1.1 "Dispense" - To deliver a medication
pursuant to a standing order. "Dispensing" means providing
medication according to an order of a practitioner duly
licensed to prescribe medication. The term shall include
both the repackaging and labeling of medication from bulk
to individual dosages.
7.6.1.2 "Prescription label" - a label affixed
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
FINAL REGULATIONS 1199
to every prescription or drug order which contains the
following information at to a minimum.
7.6.1.2.1 A unique number for that
specific drug order.
7.6.1.2.2 The date the drug was
dispensed.
7.6.1.2.3 The patient's full name.
7.6.1.2.4 The brand or established
name and manufacturer and the strength of the drug to the
extent it can be measured.
7.6.1.2.5 The practitioner's directions
as found on the prescription order.
7.6.1.2.6 The practitioner's name.
7.6.1.2.7 The initials of the dispensing
nurse.
7.6.1.2.8 The name and address of the
facility or practitioner from which the drug is dispensed.
7.6.1.2.9 Expiration date.
7.6.1.3 "Standing order" - An order written
by the practitioner which authorizes a designated registered
nurse or nurses to dispense prescription drugs to his/her
patients) according to the standards listed below.
7.6.2 Standards:
7.6.2.1 Only registered nurses may assume
the responsibility of dispensing as defined in the Nurse
Practice Act. and delineated below.
7.6.2.2 The medication must be prepackaged
by a pharmaceutical company or prepared by a registered
pharmacist.
7.6.2.3 The nurse shall be responsible for
proper drug storage of the medication prior to dispensing.
7.6.2.4 The practitioner who originated the
prescription or drug order must be on the premises or he/she
or their designated coverage shall be available by telephone
during the act of dispensing.
7.6.2.5 Once a drug has been dispensed it
shall not be returned for reuse by another or the same patient
in an institutional setting.
7.6.2.6 The nurse may not designate any part
of the dispensing function to any other individual who is not
licensed to dispense.
7.6.2.7 The dispensing nurse must assure
compliance to the state generic substitution laws when
selecting the product to be dispensed.
7.6.2.8 The nurse-dispensed prescription may
not be refillable; it requires the authority of the prescriber
with each dispensing.
7.6.2.9 A usage review process must be
established for the medicines dispensed to assure proper
patient usage.
7.6.2.10 All dispensed drugs must be
labeled as defined above and dispensed in proper safety
closure containers that meet the standards established by the
United States Pharmacopoeia for stability.
7.6.2.11 Record keeping must include the
maintenance of the original written prescription of drug
order for at least three years, allow retrospective review of
accountability, and provide an audit trail. All dispensing
records must be maintained on site, and available for
inspection by authorized agents of the Board of Health,
Pharmacy, and Nursing.
7.6.2.12 The dispensing nurse shall
assume the responsibility of patient counseling of drug
effects, side-effects, desired outcome, precautions, proper
storage, unique dosing criteria, drug interactions, and other
pertinent data, and record evidence of patient education.
7.6.2.13 Conformance to paragraphs G
through L are not necessary if the original prescription was
dispensed by a pharmacist for that specific patient.
7.6.3 Medication modifications
7.6.3.1 A nurse may accept a change in the
dosage of a medication from a pharmacist who is acting as
an agent of the physician.
7.6.2 Authority to Dispense
7.6.2.1 Registered Nurses may assume the
responsibility of dispensing as defined in the Nurse Practice
Act.
7.6.2.2 Licensed Practice Nurses may assume the
responsibility of dispensing as authorized by the Nurse
Practice Act and defined in these Regulations, Section
7.6.2.2.1., 7.6.2.2.2, and 7.6.2.2.3
7.6.2.2.1 Licensed Practical Nurses may
provide to a patient pre-packaged medications in accordance
with the order of a practitioner duly licensed to prescribe
medication where such medications have been pre-packaged
by a person with lawful authority to dispense drugs.
7.6.2.2.2 Licensed Practical Nurses, per
written order of a physician, dentist, podiatrist, advanced
practice nurse, or other practitioner duly licensed to
prescribe medication, may add the name of the client to a
preprinted label on a pre-packaged medication.
7.6.2.2.3 Licensed Practical Nurses in a
licensed methadone clinic may apply a preprinted label to a
pre-packaged medication.
7.6.3 Standards for Dispensing
7.6.3.1 All licensed nurses engaged in
dispensing shall adhere to these standards.
7.6.3.1.1 The medication must be
prepackaged by a pharmaceutical company or prepared by a
registered pharmacist.
7.6.3.1.2 The nurse shall be
responsible for proper drug storage of the medication prior to
dispensing.
7.6.3.1.3 The practitioner who
originated the prescription or drug order must be on the
premises or he/she or their designated coverage shall be
available by telephone during the act of dispensing.
7.6.3.1.4 Once a drug has been
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1200 FINAL REGULATIONS
dispensed it shall not be returned for reuse by another or the
same patient in an institutional setting.
7.6.3.1.5 The nurse may not delegate
any part of the dispensing function to any other individual
who is not licensed to dispense.
7.6.3.1.6 The dispensing nurse must
assure compliance to the state generic substitution laws
when selecting the product to be dispensed.
7.6.3.1.7 The nurse-dispensed
prescription may not be refillable; it requires the authority of
the prescriber with each dispensing.
7.6.3.1.8 A usage review process must
be established for the medicines dispensed to assure proper
patient usage.
7.6.3.1.9 All dispensed drugs must be
labeled as defined above and dispensed in proper safety
closure containers that meet the standards established by the
United States Pharmacopoeia for stability.
7.6.3.1.10 Record keeping must include
the maintenance of the original written prescription of drug
order for at least three years, allow retrospective review of
accountability, and provide an audit trail. All dispensing
records must be maintained on site, and available for
inspection by authorized agents of the Board of Health,
Pharmacy, and Nursing.
7.6.3.1.11 The dispensing nurse shall
assume the responsibility of patient counseling of drug
effects, side-effects, desired outcome, precautions, proper
storage, unique dosing criteria, drug interactions, and other
pertinent data, and record evidence of patient education.
7.6.3.1.12 Conformance to paragraphs
6 through 11 are not necessary if the original prescription
was dispensed by a pharmacist for that specific patient.
7.7 Delegation
7.7.1 Definitions
7.7.1.1 "Unlicensed Assistive Personnel" -
Individuals not licensed to perform nursing tasks that are
employed to assist in the delivery of client care. The term
"unlicensed assistive personnel" does not include members
of the client's immediate family, guardians, or friends; these
individuals may perform incidental care of the sick in private
homes without specific authority from a licensed nurse (as
established in 24 Del.C. §1921(a)(4) of the Nurse Practice
Act).
7.7.1.2 "Delegation" - Entrusting the
performance of selected nursing duties to individuals
qualified, competent and legally able to perform such duties
while retaining the accountability for such act.
7.7.1.3 "Supervision" - The guidance by a
registered nurse (RN) for the accomplishment of a function
or activity. The guidance consists of the activities included
in monitoring as well as establishing the initial direction,
delegating, setting expectations, directing activities and
courses of action, critical watching, overseeing, evaluating,
and changing a course of action.
7.7.1.4 "Accountability" - The state of being
accountable, answerable, or legally liable for actions and
decisions, including supervision.
7.7.2 Conditions
7.7.2.1 The following conditions are relevant
to delegation:
7.7.2.1.1Only RNs may delegate.
7.7.2.1.2The RN must be knowledgeable
regarding the unlicensed assistive personnel's education and
training and have opportunity to periodically verify the
individual's ability to perform the specific tasks.
7.7.2.1.3The RN maintains accountability
for determining the appropriateness of all delegated nursing
duties and responsibility for the delivery of safe and
competent care. Unlicensed assistive personnel may not
reassign a delegated act.
See 1 DE Reg. 1888 (6/1/98)
7.7.3 Criteria
7.7.3.1 The RN may delegate only tasks that
are within the scope of sound professional nursing judgment
to delegate.
7.7.3.2 Determination of appropriate factors
include, but are not limited to:
7.7.3.2.1 stability of the client's
condition
7.7.3.2.2 educational background,
skill level, or preparation of the individual
7.7.3.2.3 nature of the nursing act that
meets the following:
7.7.3.2.3.1 task is performed
frequently in the daily care of a client
7.7.3.2.3.2 task is performed
according to an established sequence of steps
7.7.3.2.3.3 task may be performed
with a predictable outcome
7.7.3.2.3.4 task does not involve
ongoing assessment, interpretation or decision making that
cannot be logically separated from the task itself.
7.7.3.3 The RN must be readily available in
person or by telecommunication.
7.7.4 Exclusions
7.7.4.1 The following activities require
nursing knowledge, judgment, and skill and may not be
delegated by the RN to an unlicensed assistive person. These
exclusions do not apply to Advanced Practice Nurses.
See 1 DE Reg. 1888 (6/1/98)
7.7.4.2 Physical, psychological, and social
assessment which requires professional nursing judgment,
intervention, referral, or follow-up;
7.7.4.3 Development of nursing diagnosis
and care goals;
7.7.4.4 Formulation of the plan of nursing
care and evaluation of the effectiveness of the nursing care
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
FINAL REGULATIONS 1201
provided;
7.7.4.5 Specific tasks involved in the
implementation of the plan of care which require nursing
judgment, skill, or intervention, that include, but are not
limited to: performance of sterile invasive procedures
involving a wound or anatomical site; nasogastric, newly
established gastrostomy and jejunostomy tube feeding;
nasogastric, jejunostomy and gastrostomy tube insertion or
removal; suprapubic catheter insertion and removal;
(phlebotomy is not considered a sterile, invasive procedure);
7.7.4.6 Administration of medications,
including prescription topical medications; and
7.7.4.7 Receiving or transmitting verbal
orders.
* PLEASE NOTE: AS THE REST OF THE REGULATION WAS
NOT AFFECTED IT IS NOT BEING REPRODUCED HERE.
DEPARTMENT OF AGRICULTURE
DELAWARE FOREST SERVICE
Statutory Authority: 3 Delaware Code
Sections 1008 & 1011 (2 Del.C. §§1008, 1011)
ORDER
Nature Of Proceedings
Pursuant to its authority under 3 De1.C. §1008,1011,
the Department proposed to issue regulations concerning
legal forms of recreation on the State Forests of Delaware.
The regulations were developed to ensure that these publicly
owned lands are conserved, protected, and maintained for
the benefit of all.
Notice of the public hearing on the Department's
proposed regulations was published in the Delaware Register
of Regulations for November 1, 2002 as well as in two
Delaware newspapers in general circulation in accordance
with 29 Del.C. §10115. Thereafter, the public hearing was
held as noticed on Friday, January 10, 2003 before the
Department's designee, E. Austin Short, and at which time,
no public comments either written or oral having been
received, Mr. Short resolved to recommend to the Secretary
of the Department that the proposed regulations be adopted.
This is the Department's Decision and Order adopting the
proposed regulations.
Evidence Submitted At Public Hearing
The Department received no written comments in
response to the notice of intention adopt the proposed
amended regulations. No public comments were received at
the January 10, 2003 public hearing.
Findings And Conclusions
The public was given the required notice of the
Department's intention to adopt the proposed regulations and
was given ample opportunity to provide the Department with
comments opposing the Department's plan. Thus, the
Department concludes that its consideration of the proposed
regulations was entirely within its prerogatives and statutory
authority and, having received no comments opposed to
adoption, it is now free adopt them.
NOW THEREFORE, it is hereby ordered that:
1. The Department's proposed State Forest regulations
are adopted;
2. The text of the regulations shall be in the form
attached hereto as Exhibit A;
3. The effective date of this Order is ten days from the
date of its publication in the Delaware Register of
Regulations in accordance with 29 De1.C. § 10 l 18(e);and
4. The Department reserves unto itself the authority to
issue such other and further orders in this matter as may be
just and proper.
Michael T. Scuse, Secretary
Delaware Department of Agriculture, January 22, 2003
State Forest Regulations
The Department proposes these regulations pursuant to
3 Del.C. § 1008 and § 1011. The State Forests of Delaware
are open to the public for all legal forms of recreation and
enjoyment. The following rules and regulations were
developed to ensure that these publicly owned lands are
conserved, protected, and maintained for the benefit of all.
These regulations are a total rewrite of those regulations
proposed at 2 DE Reg. 348, (9/1/98).
The proposed regulations will be considered at a public
hearing scheduled for December 6, 2002 at 1:00 p.m. at the
Delaware Department of Agriculture Building Conference
Room. Copies of the proposed regulations may be obtained
from the State Forester's Office. Public comments may be
submitted in writing to E. Austin Short, III on or before
December 6, 2002 and/or in person at the public hearing.
The Delaware Department of Agriculture is located at 2320
South DuPont Highway, Dover, Delaware and the telephone
number is (302) 698-4500.
1.0 AUTHORITY
These regulations are promulgated pursuant to the
delegation of authority to the Department of Agriculture by
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1202 FINAL REGULATIONS
the General Assembly found in Sections 1008 and 1011 of
Title 3 of the Delaware Code.
2.0 PURPOSE
The State Forests of Delaware are open to the public for
all legal forms of recreation and enjoyment. The following
regulations were developed to ensure that these publicly
owned lands are conserved, protected, and maintained for
the benefit of all.
3.0 DEFINITIONS
3.1 "Department" is the Delaware Department of
Agriculture
3.2 "DFS" is the Delaware Forest Service
3.3 "DNREC" is the Delaware Department of Natural
Resources and Environmental Control
4.0 GENERAL RULES AND REGULATIONS
4.1 No living trees, shrubs, or other vegetation may be
cut, felled, uprooted, removed, or otherwise injured or
destroyed, unless written permission has first been obtained
from the forest officer in charge.
4.2 Fires are prohibited for any purpose on State Forest
lands other than in designated areas. Written permission
must be obtained in advance for fires on State Forest lands
outside of designated areas. Any such authorized fire must,
at all times, be under the direct supervision and care of a
competent adult, and must be thoroughly extinguished
before the fire site is abandoned.
4.3 The dumping or depositing of rubbish, trash,
household items, or other debris, and the placing of
advertisement signs within State Forests are prohibited.
4.4 For the sake of sanitation and attractiveness,
persons using public camp and picnic sites are required to
deposit all waste paper, tin cans and other refuse in the
containers, if provided. Where containers are not provided,
users must properly dispose of all refuse off State Forest
lands.
4.5 Writing upon, mutilating, carving, and otherwise
defacing trees, buildings, structures, signs, and official
notices is prohibited.
4.6 All State Forest boundaries are well marked with
metal signs, yellow paint on boundary line trees, brushed-out
paths or with a combination of all three features. Therefore,
boundary lines should be easy to identify. State Forest
visitors should avoid trespass or encroachment upon
adjoining private lands by staying within boundaries of State
Forest lands.
4.7 Many State Forest access roads are closed to
vehicular travel to improve the quality of recreation and to
reduce littering. These roads and trails are open to
pedestrian and non-vehicular travel only. Non-pedestrian
traffic (e.g. horseback riding, mountain biking) is restricted
to access roads and trails, unless otherwise noted. In
addition, vehicle use of tax ditches is unlawful.
Furthermore, no off-highway vehicles or all-terrain vehicles,
either registered or non-registered, are permitted. The only
exception to this rule applies to those off-highway vehicles
owned, operated, and/or authorized by the Delaware Forest
Service (DFS). Violators will be prosecuted for trespassing.
4.8 With the exception of animals permitted under
lawful hunting regulations, all animals must be under the
continuous control of the owner(s) unless otherwise
authorized in writing by the Forestry Administrator. All
dogs must be leashed, unless covered by the exception
above. State Forest visitors are responsible for the conduct
and any damages, either personal or property, caused by
their animals.
4.9 Entry to State Forest lands is prohibited from sunset
to sunrise, except for lawful hunting, permitted camping,
permitted Redden Lodge use, or as otherwise permitted in
writing by the DFS.
4.10Fishing on State Forest lands is limited to catch and
release only.
5.0 CAMPING RULES AND REGULATIONS
5.1 A forest use permit is required for all camping on
State Forest lands. Camping is free of charge, year round,
but restricted to map-designated campsites. Permits are
available at the State Forest office during office hours or
from the information box.
5.2 Campsites are on a first-come/ first serve basis.
Reservations may be accepted for special occasions.
5.3 Campsites are of a primitive type, and are to be
used ONLY for tent, van or pickup campers. Travel trailers
and /or self-propelled motor homes are excluded due to
access and parking limitations, unless otherwise noted.
5.4 There are a limited number of campsites, each is
large enough to accommodate large families. These are
equipped with tables, fire pits, charcoal grills and a trash
barrel. Campsites are limited to a maximum number of 25
people per site, with a maximum stay of three nights per
week.
5.5 Camping is at your own risk. State Forests are a
public use area and there is no after-hours, nighttime or
weekend security. Law enforcement is provided by the
Delaware State Police should the need arise.
5.6 State forests are "multiple-use" facilities, which
means other activities will continue while you camp. These
activities include: hunting, picnicking, hiking, orienteering,
nature study, horseback riding, firewood cutting (by permit
only), and timber harvesting. The DFS reserves the right to
limit or deny permits during times of conflicting use.
5.7 Firewood for camp use is available at the
campsites. If more firewood is needed, it may be gathered
locally from dead and downed trees. No standing trees or
shrubs are to be cut. Using firewood located at the office
complex is prohibited. Campfires are to be in established
fire rings only.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
FINAL REGULATIONS 1203
5.8 Campsites are to be left clean for the next users, and
all fires are to be extinguished before departing from the
area.
6.0 REDDEN STATE FOREST LODGE
6.1 Maximum Lodge capacity is 45 persons (overnight
use).
6.2 The organization or individual renting the Lodge
must be at least 21 years of age and provide a minimum of
one adult supervisor per ten youths. Youth are defined as
persons under18 years of age and adults as having reached
the age of 21.
6.3 The use or possession of illegal drugs is strictly
prohibited. Additionally, alcoholic beverages are prohibited
(unless approved in writing by the DFS). Smoking and the
use of other tobacco products are prohibited inside the
Lodge.
6.4 Unauthorized heating equipment is prohibited in
the Lodge. The fire alarm system is designed for the
protection of all those who use the Lodge and the structure
itself. Any misuse or intentional activation of this and other
alarms is strictly prohibited and legal action(s) will be taken
pursuant to Delaware Code.
6.5 The use or possession of firearms or other weapons
(except as permitted for legal hunting outside the safety
zone, or as approved in writing by the Delaware Forest
Service), etc., is strictly prohibited.
6.6 No outside fires may be started at any time in the
vicinity of the Lodge, except in the permanent grills installed
on site and the fire pit area, or as approved in writing by the
Delaware Forest Service.
6.7 Service dogs are permitted; no other pets shall be
permitted within or near the Lodge.
6.8 An adequate supply of firewood will be provided
and placed on the back porch. Please do not retrieve
additional wood from the shed/storage area. No charcoal,
wax logs, or other materials shall be used in the fireplaces.
6.9 No sleeping facilities are provided at the Lodge.
There are cooking facilities and tables and chairs for eating.
There are no pots, pans, dishes, or serving articles. Do not
move any furniture or fixtures. Folding tables and chairs are
not permitted outside the Lodge.
6.10The telephone at the Lodge is provided for
emergencies, local calls, and credit card or collect long
distance calls and are only for use by adults, except in
emergencies. You must dial 9 before placing any call. The
number for the Lodge phone is (302) 856-5939, and
incoming calls can be received. Please remember this
telephone is only to be used when necessary and are not for
social calls. It is the responsibility of the applicant to honor
these restrictions and inform all lodge users of the telephone
restrictions. If the telephone restrictions are not honored, the
Delaware Forest Service reserves the right to remove the
telephone at any time.
6.11Lodge Rental Fees, Reservations, Deposits, and
Cancellations
6.11.1Reservations shall be made on a first-come,
first-served basis. To secure a reservation, a completed
application and the full Lodge user fee must be received at
least 120 days prior to the desired reservation date.
6.11.2A security-damage deposit in the amount of
$100.00 must be received at the time of check-in. If the
security-damage deposit is not paid prior to check-in, the
person/group/organization will not be permitted use of the
lodge. The security-damage deposit will be returned within
5 days after check-out, if the lodge is found in good
condition. If the lodge is not found in good condition, an
itemized list of charges will be provided to the person/group/
organization.
6.11.3 Cancellation policy: Reservations must be
canceled at least fifteen (15) working days prior to the arrival
date. If this cancellation policy is not followed, the
reservation deposit will be forfeited. The security-damage
deposit will be refunded for all cancellations.
6.11.4 Types of Use
6.11.4.1 Daily: 9:00 a.m. - 3:00 p.m.
6.11.4.2 Evening: 4 p.m. - 10 p.m.
6.11.4.3 Weekend: Friday 4 p.m. - Sunday 10
p.m.
6.11.4.4 Weekday Overnight: 4 p.m. - 8 a.m.
6.11.5 Lodge Rental Fees: Lodge user fees shall
be as follows:
(Amounts in parentheses indicate proposed
increases in fees)
6.11.5.1 May 1 to September 30
6.11.5.1.1 $7 Daily, Evening Use, and
Weekday Overnight
6.11.5.1.2 $200 Weekend Use
6.11.5.2 October 1 to April 30 (Increased
fees due to heating expenses)
6.11.5.2.1 $85Daily, Evening Use, and
Weekday Overnight
6.11.5.2.2 $225 Weekend Use
6.11.5.3 Checks should be made payable to:
Department of Agriculture.
6.11.5.4 Payments and application should be
mailed to:
Redden State Forest
18074 Redden Forest Drive
Georgetown, DE 19947
(302)856-2893
Weekdays 8:00 a.m. - 4:30 p.m.
7.0 HUNTING RULES AND REGULATIONS
7.1 State Forests are year-round multiple use areas.
Hunters share the use of State Forest lands with other public
users such as hikers, campers, horseback riders, firewood
cutters, and loggers.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1204 FINAL REGULATIONS
7.2 No special permits are required to hunt on State
Forest lands, except as specified in the DNREC, Division of
Fish and Wildlife annual hunting manual. Properly licensed
hunters may hunt during any open season except on areas
designated, such as those marked with Wildlife Sanctuary,
NO HUNTING, or Safety Zone signs.
7.3 Parking is available on all State Forest tracts.
7.4 No permanent deer stands, platforms, ladders, or
blinds may be constructed. No screw-in tree steps, spikes,
screws, or nails are allowed.
7.5 Deer drives by any person or persons are not
permitted on any State Forest land at any time.
7.6 Small game hunting is closed on State Forest lands
during firearm deer seasons.
7.7 The DFS reserves the right to close to hunting
specific State Forest tracts during specific hunting seasons.
Therefore, it is important to consult the current hunting
guide for a listing of these closures.
7.8 Trapping rights may be leased for State Forest
lands. No other trapping is permitted on State Forest lands.
7.9 Target shooting is prohibited. Firearms are allowed
for legal hunting only, and are prohibited on State Forest
lands from March 1 through August 31.
7.10 Waterfowl hunting is not permitted on State
Forest land or waters.
7.11 The following hunting restrictions apply to
several tracts of Blackbird State Forest. Maps delineating
these areas are available at Blackbird State Forest
headquarters or by calling (302)653-6505.
7.11.1 All deer hunting is limited to numbered
stands.
7.11.2 For shotgun season stands will be chosen
in a pre-season lottery. To apply for a stand during the
shotgun season fill out the application in the Delaware
Hunting and Trapping Guide. For leftover stands there will
be a daily lottery held at Blackbird State Forest
Headquarters, located on the Tybout tract on Blackbird
Forest Rd. (Rd. 471), 1 2 hours before legal hunting time.
7.11.3 For Muzzleloader season there will be a
daily lottery held at Blackbird State Forest Headquarters,
located on the Tybout tract on Blackbird Forest Rd. (Rd.
471), 1 2 hours before legal hunting time.
7.11.4 All hunters on these tracts, during shotgun
and muzzleloader season, must hunt from the stand only, as
walk around hunting is not permitted.
7.11.5 During Archery season bowhunters must
be within 50 yards of their designated stand.
7.11.6 Stands will be available during Archery
season on a first come first serve basis.
7.11.7 No more than one hunter may hunt from a
stand at any one time.
7.12 These special hunting restrictions apply to the
Tybout tract of Blackbird State Forest:
7.12.1 Squirrel hunting is not allowed with rifle
or muzzleloading rifle, shotgun squirrel hunting is permitted.
7.12.2 Dog training is prohibited at all times.
8.0 FOREST USE PERMITS
8.1 Forest use permits on State Forests are issued on a
first-come first-served basis and are required for camping,
firewood cutting, lodge rental (Redden State Forest),
organized special events, and pavilion reservation
(Blackbird State Forest only). Upon arrival at the facility
users are required to fill out a Forest Use Permit (Doc. No.
65-04-02/87/10/03). Under special circumstances facilities
may be applied for in advance.
8.2 Items to be filled out by all applicants include:
8.2.1 Date of application
8.2.2 Time of application submission
8.2.3 Applicants= name
8.2.4 Applicants= address, city, state, zip code
8.3 Camping:
8.3.1 Individual or group permit
8.3.2 Number of persons camping
8.3.3 The name of organization (if applicable)
8.3.4 Vehicle make, model, color, and license
number
8.3.5 Permit effective date & termination date
8.3.6 Applicants= signature
8.4 Group Users/Special Events:
8.4.1 The name of the person in charge
8.4.2 The name of organization
8.4.3 Number in the group
8.4.4 Permit effective date
8.4.5 Permit termination date
8.4.6 Facility used:
8.4.6.1 Camping
8.4.6.2 Picnic shelter
8.4.6.3 Nature study area
8.4.6.4 Other
8.4.6.5 Applicants= signature
8.5 Firewood Permits:
Firewood permits are required to harvest firewood
on State Forest lands and are issued at the discretion of the
State Forest staff. When available, these permits are issued
on a first come first serve basis. There is a fee of $20 for
firewood permits, which allows the holder to cut two
standard pickup loads of firewood. No trees are to be felled;
only downed wood may be cut. Designated firewood cutting
areas will be delineated by State Forest employees and
posted as such.
9.0 DEPARTMENT ENFORCEMENT
REGULATIONS
9.1 Whoever violates any of the foregoing regulations
shall be deemed to have committed an unclassified
misdemeanor and fined not less than $25 nor more than $250
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
FINAL REGULATIONS 1205
and pay the court costs for each violation. For each
subsequent violation, within three years of the previous
conviction, the violator shall be fined not less than $50 nor
more than $500 and pay court costs. In addition to such
fines and court costs, a violator who is convicted of
damaging, destroying, or removing property owned and
maintained by the State Forest Service, shall be required to
make restitution to the Department for the replacement or
restoration of such property.
9.2 Justices of the Peace throughout the State shall have
jurisdiction over alleged violations of these State Forest
Regulations; however, any violator shall, upon arrest, be
taken to the nearest available Justice of the Peace in the
county where such violation is alleged to have occurred, or
in lieu thereof, be provided with an assessment form for the
voluntary payment of fines.
9.3 Notwithstanding the immediate preceding
subsection, a forest service officer making an arrest for a
violation of these regulations may issue a summons
requiring the violator to appear in person at a subsequent
date at the Justice of the Peace Court nearest to the place of
arrest and during the regularly scheduled hours of the Court.
9.4 After payment for fines and costs, if any, is
received by the Department of Justice or Justice of the Peace
Court, the Department or the Court shall mail a receipt
indicating payment for such fine if the violator paying such
fine makes a written request for a receipt and encloses a selfaddressed
envelope with proper postage affixed thereon.
Delaware Forest Service
Forest Use Permit Application
Date(s) of use _____ Permit No._____
Application For: _ Firewood __Camping __Other (explain)
Drivers license No. ____Expiration Date___ Issuing State__
Location ___ Blackbird State Forest No. in group __
___ Redden State Forest
___ Taber State Forest
Name___________________________________________
First MI Last
Address__________________________________________
Street/P.O. Box City State Zip Code
Phone No. ( ) Phone No. ( )
Home Work
Vehicle Information
Year/Make/ModeColorTag No.
Effective Date Expiration Date Fee $
Comments
In exercising the above-described use, I agree to abide
by all of the regulations of the Delaware Forest Service
(DFS), including but not limited to, those attached to this
application, as well as the instructions of the undersigned
DFS personnel. I fully understand that the State has neither
commercially-procured insurance nor self-insurance to cover
any injury, risk or loss which occurs in the State Forest and
that the State is immune from any and all liability from any
such injury, risk or loss.
In consideration of the granting of the permit, I agree to
waive any and all claims arising out of the above-described
use which may accrue to myself and/or to anyone else in my
custody and control, and I further agree to indemnify the
State and save it harmless from and against any and all
claims, actions, damages, liability and expense in connection
with loss of life, personal injury and/or damages to property
arising out of any occurrence in the State Forest.
_____________________________________________
APPROVED: SIGNATURE OF DFS PERSONNEL Date
SIGNATURE OF APPLICANT Date
Note: Any violation of the State Forest rules and
regulations will result not only cancellation of this permit,
but may also result in possible arrest and fines. This permit
is to be kept in applicant's vehicle or on his/her person and
must be produced at the request of any forest officer. This
permit is subject to cancellation by the state forester at any
time for just cause. Authority: Title 3. Chapter 10. Sections
1008 and 1011.
THOROUGHBRED RACING COMMISSION
Statutory Authority: 3 Delaware Code,
Section 10103 (3 Del.C. §10103)
ORDER
Pursuant to 29 Del. C. §10113(b) and 3 Del. C. §10103,
the Delaware Thoroughbred Racing Commission ("the
Commission") hereby issues this Order adopting
amendments to Rules 13.01 and 13.16, and adopting a new
Rule 15.13. Following notice and a public hearing held on
January 6, 2003, the Commission makes the following
findings and conclusions:
Summary Of Evidence And Information Submitted
The Commission posted public notice of the proposed
rule amendments to Rules 13.01 and 13.16 in the December
1, 2002 Register of Regulations and in the Delaware Capital
Review and the Delaware State News. The Commission
posted public notice of the proposed new Rule 15.13 in the
November 1, 2002 Register of Regulations and in the
Delaware Capital Review and in the Delaware State News.
The Commission proposed to amend Rule 13.01 to provide
that owners who are stabled on the licensee's grounds and
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1206 FINAL REGULATIONS
who have started a horse may claim, and that an owner
shipping in a horse may claim a horse to replace a claimed
horse, and to set forth the procedure to obtain an open
claiming license. The Commission proposed to amend Rule
13.16 to add a provision that a stable will lose its claiming
rights eliminated by sale of horses or removal from the
grounds, and that an owner who claims a horse under the
rule is required to reinstate his eligibility to claim under the
rules. The Commission proposed to enact a new Rule 15.13
to provide as follows: 1)prohibit possession of an instrument
used for shock wave therapy on the licensee's race track;
2)provide that no horse may be treated with any form of
shock wave therapy within ten days of racing; 3)provide that
the administration of shock wave therapy may only be
performed by a licensed veterinarian who must document
treatment in the daily medication report; and 4)impose
penalties on trainers and veterinarians for violations.
The Commission received no written public comments
prior to the public hearing. The Commission received
comments at the public hearing on January 6, 2003. Sam
Abbey, Racing Secretary of Delaware Park stated that many
tracks are banning shockwave therapy. Mr. Abbey stated
that Rule 13.01 would permit an owner who ships in and has
a horse claimed to have until the end of the meet to claim one
horse. Robin Metz of the Delaware Thoroughbred
Horsemen's Association agreed with Mr. Abbey's
interpretation of Rule 13.01.
Findings Of Fact And Conclusions
The public was given notice and an opportunity to
provide the Commission with comments in writing and at a
public hearing.
The Commission finds that the proposed amendments to
the Commission's Rules are in the best interests of racing
and will be beneficial for the horsemen and the race track.
The proposed rules are necessary and proper under 3 Del. C.
§10103(b) for the effective regulation of thoroughbred
racing in Delaware. The Commission proposed these rules
after extensive study. The proposed amendments to the
claiming rules were the product of review by representatives
from Delaware Park, the Stewards, and the Delaware
Thoroughbred Horsemen's Association. The Commission
concludes that the proposed Rules should be adopted in their
proposed form.
This Order will be published in the next issue of the
Register of Regulations which is expected to be the March 1,
2003 Register of Regulations. The effective date of the
Order will be ten days after publication in the Register of
Regulations.
IT IS SO ORDERED this 28th day of January, 2003
Bernard Daney, Chairman
Duncan Patterson, Commissioner
H. James Decker, Commissioner
Carolyn Wilson, Commissioner
Edward J. Stegemeier, Commissioner
Part 13-Claiming Races
13.01 Owners Entitled:
In claiming races, any horse is subject to claim for its
entered price by any Owner in good standing who possesses
a valid/current Delaware license.
In claiming races, any horse is subject to claim for its
entered price by any Owner in good standing, who has
horses stabled on the Licensee's grounds, and who has
started a horse at the race meeting at which the claim is
made. An Owner may claim out of the race in which he first
starts a horse. Owners shipping in from other stable areas
who have a horse claimed shall be allowed one claim to
replace the horse lost via claiming.
A new Owner, i.e., an individual, partnership,
corporation or any other authorized racing interest who has
not held an Owner's license in any racing jurisdiction during
the prior year, is eligible to claim by obtaining an "Open
Claiming License" from the Commission.
In order to obtain an open claiming license and file an
open claim, an individual must comply with the following
procedures:
(a) Depositing an amount no less than the
minimum claiming price of the intended claim at that meet
with the Horsemen's Bookkeeper. Such amount shall
remain on account until a claim is in fact made. In the event
of withdrawal of such fund, any license issued hereunder
shall be automatically revoked and terminated.
(b) Securing an Owner or authorized racing
interest license by the Commission. Such license will be
conditioned upon the making of a claim and shall be revoked
if no such claim is, in fact, made within thirty (30) racing
days after issuance or if the deposit above required is
withdrawn prior to completion of a claim.
(c) Naming a Trainer licensed by the Commission
who will represent him once said claim is made.
See 5 DE Reg. 849 (10/1/01)
13.02 Claim by Agent:
A claim may be made by an authorized agent, but an
agent may claim only for the account of those for whom he is
authorized and registered as agent and the name of the
authorized agent, as well as the name of the Owner for
whom the claim is being made, shall appear on the claim
slip.
13.03 Claiming Own Horse Prohibited:
No person shall claim his own horse or cause his own
horse to be claimed, directly or indirectly, for his own
account. No claimed horse shall remain in the same stable or
under the care or management of the Owner or Trainer from
whom claimed.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
FINAL REGULATIONS 1207
13.04 Limits on claims:
No person shall claim more than one horse from any one
race. No authorized agent, although representing several
Owners, shall submit more than one claim for any race.
When a stable consists of horses owned by more than one
person, trained by the same Trainer, not more than one claim
may be entered on behalf of such stable in any one race. An
Owner who races in a partnership may not claim except in
the interest of the partnership, unless he has also started a
horse in his own individual interest. An owner who races in
a partnership may claim in his or her individual interest if the
individual has started a horse in the partnership. The
individual must also have an account with the horsemen's
bookkeeper that is separate from the partnership account.
See 2 DE Reg. 2043 (5/1/99)
13.05 Thirty Day Prohibition -- Racing Claimed
Horse:
A claimed horse shall not run for twenty days after
being claimed in a race in which the determining eligibility
price is less than twenty-five percent more than the price for
which the horse was claimed. The day claimed shall not
count but the following calendar day shall be the first day,
and the horse shall be entitled to enter whenever necessary
so that it may start on the twenty-first day calendar following
the claim. This provision shall not apply to starter
handicaps, allowance and starter allowance races.
See 5 DE Reg. 1710 (3/1/02)
13.06 Thirty Day Prohibition -- Sale of Claimed
Horse:
No horse claimed in a claiming race shall be sold or
transferred, wholly or in part, to anyone within thirty (30)
days after the day it was claimed, except in another claiming
race. No claimed horse shall race elsewhere until sixty (60)
calendar days after the date on which it was claimed or until
after the close of the meeting at which it was claimed,
whichever comes first. The day claimed shall not count, but
the following calendar day shall be the first day and the
horse shall be entitled to enter elsewhere whenever
necessary so the horse may start on the 61st calendar day
following the claim. The Stewards shall have the authority
to waive this rule upon application, so as to allow a claimed
horse to race in a stakes race. The Stewards may also permit
a horse claimed in a steeplechase or hurdle race to race
elsewhere in a steeplechase or hurdle race after the close of
the steeplechase program, if such a program ends before the
close of the meeting at which it is claimed.
Revised: 7/16/86
13.07 Form of Claim:
Each claim shall be made in writing on a form and in an
envelope supplied by Licensee. Both form and envelope
must be filled out completely and must be accurate in every
detail.
13.08 Procedure for Claim:
Claims must be deposited in the claim box at least ten
(10) minutes before post time of the race from which the
claim is being made. No money or its equivalent shall be put
in the claim box. For a claim to be valid, the claimant must
have, at the time of filing the claim, a credit balance in his
account with the Horsemen's Bookkeeper of not less than the
amount of the claim.
Revised: 8/15/95
13.09 Stewards' Duties:
The Stewards, or their designated representatives, shall
open the claim envelopes for each race as soon as the horses
leave the paddock en route to the post. They shall thereafter
check with the Horsemen's Bookkeeper to ascertain whether
the proper credit balance has been established with the
Licensee and with the Racing Secretary as to whether the
claimant has claiming privileges at Licensee's meeting.
13.10 Conflicting claims:
If more than one valid claim is filed for the same horse,
title to the horse shall be determined by lot under the
supervision of the Stewards or their designated
representative.
13.11 Delivery of Claimed Horse:
Any horse that has been claimed shall, after the race has
been run, be taken to the paddock for delivery to the
claimant, who must present written authorization for the
claim from the Racing Secretary. No person shall refuse to
deliver to the person legally entitled thereto a horse claimed
out of a claiming race and, until delivery is made, the horse
in question shall be disqualified from further racing.
13.12 Nature and Effect of a Claim:
Claims are irrevocable. Title to a claimed horse shall be
vested in the successful claimant from the time the said horse
is a starter and said claimant shall then become the Owner of
the horse, whether it be alive or dead, sound or unsound, or
injured, during the race or after it. A claimed horse shall run
in the interest of and for the account of the Owner from
whom claimed.
13.13 Prohibited Practices:
No person shall offer or enter into an agreement to claim
or not to claim or to attempt to prevent another person from
claiming any horse in a claiming race. No person shall
attempt, by intimidation, to prevent anyone from running a
horse in any claiming race. No Owner or Trainer shall make
an agreement with another Owner or Trainer for the
protection of each other's horses in a claiming race.
Rule 13.06 Rev. March 1976.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1208 FINAL REGULATIONS
13.14 Invalidation of Claim:
Claims which are not made in keeping with the Rules
shall be void. The Stewards may, at any time in their
discretion, require any person filing a claim to furnish an
affidavit in writing that he is claiming in accordance with
these Rules. The Stewards shall be the judges of the validity
of the claim and, if they feel that a "starter" was nominated
for the purpose of making its Owner eligible to claim, they
may invalidate the claim.
13.15 Necessity to Record Lien:
Any person holding a lien of any kind against a horse
entered in a claiming race must record the same with the
Racing Secretary and/or Horsemen's Bookkeeper at least
thirty (30) minutes before post time for that race. If none is
so recorded, it shall be conclusively assumed, for claiming
purposes, that none exists.
13.16 Claiming Privileges-Eliminated Stable:
If a person's stable shall be eliminated within thirty (30)
racing days or less remaining in the current racing season,
and such person is unable to replace the horse(s) lost via a
claim by the end of the racing season, such person may apply
to the Stewards for an additional thirty (30) racing days of
eligibility to claim in the new race meeting as long as the
person owns no other horses at the start of the next race
meeting.
Should a stable at a meeting be eliminated by sale or
removal from the grounds, the right to claim is void. After
claiming a horse under the conditions of this Rule, the
Owner shall be required to reinstate his eligibility to claim
pursuant to these Rules before being eligible to make another
claim.
See 1 DE Reg. 714 (12/1/97)
13.17 Claim Embraces Horse's Prior Engagements:
The engagements of a claimed horse pass automatically
with the horse to the claimant.
13.18 Caveat Emptor:
Notwithstanding any designation of sex or age
appearing on the racing program or in any racing
publication, the claimant of a horse shall be solely
responsible for determining the age or sex of the horse
claimed.
13.19 Racing Claimed Horse:
Repealed
See 2 DE Reg. 374 (9/1/98)
See 5 DE Reg. 1710 (3/1/02)
15.13 Shock Wave Therapy/Instruments
(a) No person may possess on a licensee's race track
an instrument used for shock wave therapy.
(b) No horse may be treated with any form of shock
wave therapy within ten (10) days of racing (the day of the
treatment shall be considered the first day in counting the
number of days).
(c) The administration of shock wave therapy may only
be performed by a licensed veterinarian. A veterinarian
using shock wave therapy shall document and report each
treatment on his daily medication report.
(d) A Trainer or Veterinarian who has been found to
have violated any of the above provisions of this Rule shall
be subject to appropriate disciplinary action by the stewards
and/or Commission including but not limited to a maximum
suspension of ninety (90) days.
PLEASE NOTE: AS THE REMAINDER OF THE RULE IS
NOT BEING MODIFIED IT IS NOT BEING PUBLISHED.
DEPARTMENT OF HEALTH AND
SOCIAL SERVICES
DIVISION OF LONG TERM CARE RESIDENTS
PROTECTION
Statutory Authority: 16 Delaware Code,
Sections 1145(f) and 1146(f)
(16 Del.C. §§1145(f),1146(g))
ORDER
Regulations for Criminal History Checks and Drug
Testing for Home Health Agencies
Nature of the Proceedings:
The Department of Health and Social Services (DHSS),
Division of Long Term Care Residents Protection
(DLTCRP) initiated proceedings in accordance with 29
Delaware Code, Chapter 101 to adopt Regulations for
Criminal History Checks and Drug Testing for Home Health
Agencies. On January 10, 2003, following public hearings
in December, DHSS adopted as final regulations all of the
proposed regulations with the exception of eight regulations.
The eight regulations withheld from publication as final
regulations were Regulations 72.0, 72.101, 72.104, 72.306,
72.307, 72.308, 72.401 and 72.404. Those eight regulations
were revised and published as proposed regulations in the
January Register of Regulations. A public hearing on the
eight revised regulations was held on February 6, 2003.
The regulations are attached and are being promulgated
as final regulations. A discussion of the comments received
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
FINAL REGULATIONS 1209
regarding the attached final regulations is in the
accompanying Summary of Evidence.
Findings of Fact:
The Department of Health and Social Services finds that
the proposed regulations, as set forth in the attached copy,
should be adopted as final regulations. Therefore, it is
ordered that the proposed Regulations for Criminal History
Checks and Drug Testing for Home Health Agencies are
adopted effective March 10, 2003.
Vincent P. Meconi, Secretary, DHSS, 2/14/2003
Summary of Evidence:
Comments on the regulations have been received and
evaluated as follows:
One comment called attention to the recent statutory
change in the definition of a home health agency. Although
that definition was not a subject of the public hearing,
DLTCRP will change the definition in the regulations to
accord with the amended statutory language. That change
does not require a further public hearing.
A comment was received repeating an earlier comment
applicable to the portion of the regulations which, after the
public hearings in December, became final prior to the most
recent public hearing. That comment, therefore, is not
relevant to these eight regulations.
Two comments were received acknowledging revisions
in some of the eight regulations after the earlier public
hearings. Neither comment proposed any further change.
A comment objected to the revision of Regulation
72.308 which limits access to confidential information
available to a person in need of care. It should be noted that
in its original version, Regulation 72.308 would have
exceeded the statutory restrictions on the dissemination of
confidential information. Therefore, the revised regulation
now reflects the limits set forth in the statute.
Regulations for Criminal History Record Checks and
Drug Testing for Home Health Agencies
72.0 Purpose
The purpose of these regulations is to ensure the safety
and well-being of residents in this State who use the services
of home health agencies licensed pursuant to 16 Delaware
Code, §122(3)o, and/or self-employed healthcare givers in
the resident's own home or home of residence. To this end,
persons selected for employment by home health agencies
shall be subject to pre-employment criminal history checks
and pre-employment drug testing; persons selected for
employment by private individuals may be subject to preemployment
criminal history checks and pre-employment
drug testing at the discretion of the private individual
selecting the person for employment.
72.1 Definitions
72.101 "Conditional Employment" pertains to the
period of time during which an applicant is working while
his/her employer has not received the results of (a) the state
criminal history record, (b) the federal criminal history
record, and (c) the results of the testing for illegal drugs.
Conditional employment must end immediately if either the
state or federal criminal history record contains disqualifying
crime(s) as delineated in Section 72.201 of these regulations.
72.102 "Department or DHSS" means Department
of Health and Social Services.
72.103 "Employer" is any person, business entity,
management company, home health agency,
temporary agency, or other organization that hires persons or
that places persons in a private residence for the purposes of
providing licensed nursing services, home health
aide services, physical therapy, speech pathology,
occupational therapy or social services.
72.104 "Final Employment" means employment
upon the employer's receipt of the State Bureau of
Identification criminal history record containing evidence of
no disqualifying convictions, a report by the Department that
there are no disqualifying convictions in such person's
federal criminal record, and the results of the testing for
illegal drugs.
72.105 "Hire" means to begin employment of an
applicant, or to pay wages for the services of a person who
has not worked for the employer during the preceding threemonth
period, or to refer a caregiver to a private residence in
return for a finder or placement fee.
72.106 "Home Health Agency" is any business
entity, public or private, which provides directly or through
contract arrangements, to individuals in their home or
private residence, either (a) two or more of the following
services: licensed nursing, home health aide, physical
therapy, speech pathology, occupational therapy, or social
services where at least one of these services is licensed
nursing or home health aide services or (b) home health aide
services exclusively, provided under appropriate
supervision.
72.107 "Illegal drug" for purposes of these
regulations means marijuana/cannabis, cocaine, opiates
including heroin, phencyclidine (PCP), amphetamines,
barbiturates, benzodiazepene, methadone, methaqualone and
propoxyphene.
72.108 "Promotion" means any change in job
classification that results in additional responsibility and/or
an increase in wages. It does not include a change in job
status from part-time to full-time.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1210 FINAL REGULATIONS
72.2 Criteria For Unsuitability For Employment
72.201 The following types of criminal convictions (or
convictions in another jurisdiction which are comparable
under Delaware law) automatically disqualify a person from
providing home health services when such conviction
occurred within the time periods specified:
a. Conviction of any act causing death as defined
in 11 Delaware Code, Chapter 5, Subchapter II, Subpart B
with no time limit;
b. Conviction of any sexual offense designated as
a felony in 11 Delaware Code, Chapter 5, Subchapter II,
Subpart D with no time limit;
c. Conviction of any violent felony as specified in
11 Delaware Code, Section 4201(c) within the last ten years;
d. Conviction of any felony involving a
controlled substance, a counterfeit controlled substance, or a
designer drug as specified in 16 Delaware Code, Chapter 47
within the last ten years;
e. Conviction of any felony other than those
specified above within the last five years;
f. Conviction of any misdemeanor involving a
controlled substance, a counterfeit controlled substance, or a
designer drug as specified in 16 Delaware Code, Chapter
47 within the last five years;
g. Conviction of any Class A misdemeanor
included in 11 Delaware Code, Chapter 5, Subchapter II,
Subpart A within the last five years;
h. Conviction of any attempt to commit a crime,
as defined in 11 Delaware Code, Section 531, with respect to
any of the above listed offenses.
72.202 For other criminal convictions, the following
criteria are to be used by the employer in
determining whether a person is suitable for employment in
home health care:
a. Type of conviction(s);
b. Frequency of conviction(s);
c. Length of time since conviction(s) occurred;
d. Age at the time of the conviction(s);
e. Record since the conviction(s);
f. Relationship of conviction(s) to type of job
assignment.
72.3 Employer Responsibilities
72.301 The employer shall ensure that a Criminal
History Record Request Form has been completed and that
the employer copy is maintained in the employer's files.
72.302 The employer shall maintain a signed copy of
the Receipt/Verification of Providing Fingerprints Form
from the Delaware State Police.
72.303 If an employer wishes to have a criminal
history record check conducted on an applicant who has
been the subject of a qualifying State and Federal
background check within the previous 5 years, the costs shall
be borne by the employer. Payment shall be made directly to
the Delaware State Police. The Department shall, at no cost,
provide the results of the Federal Bureau of Investigation
information to the employer in the same manner as for any
other applicant.
72.304 If a person is fingerprinted under the auspices
of these regulations more than once during a five-year
period, the costs shall not be borne by the State. If the State
is billed for such fingerprinting costs, payment shall be
obtained from the employer specified on the Criminal
History Record Request Form. Such employer may obtain
payment from the applicant.
72.305 If an applicant who has been conditionally
hired is separated from employment for any reason prior to
completion of the criminal history check process, the
employer shall notify the Department upon such separation.
72.306 Upon receipt of the results of the criminal
history record check and the results of the testing for illegal
drugs, the employer shall determine the suitability of an
applicant for final employment using the criteria in Section
72.202 unless the state or federal criminal history record
check has identified a conviction of one or more
automatically disqualifying crimes. An applicant for final
employment with a conviction of an automatically
disqualifying crime shall be terminated immediately.
72.307 The employer shall notify the applicant of the
findings of the criminal history record check and the testing
for illegal drugs.
72.308 The employer may provide to the individual in
need of care a statement that the applicant has satisfactorily
completed the criminal history record check and the testing
for illegal drugs.
72.309 The Department reserves the right to obtain
data from employers on the employment status of applicants
covered under these regulations.
72.4 Applicants' Responsibilities
72.401 Applicants are responsible for completing all
information accurately and completely on the Criminal
History Record Request Form and any form provided by the
employer for use in obtaining mandatory pre-employment
testing for illegal drugs. Any applicant who refuses to
complete one or more of these forms shall be deemed to have
voluntarily withdrawn his/her application.
72.402 The applicant is responsible for having his/her
fingerprints taken and for returning a Receipt/Verification of
Providing Fingerprints to the Delaware State Police Form
to the employer.
72.403 The applicant is responsible for informing any
potential employer if he/she has already been fingerprinted
in accordance with these regulations. The cost of additional
fingerprinting, exceeding the one fingerprinting per fiveyear
period required by these regulations, shall not be borne
by the State.
72.404 The applicant is responsible for submitting to
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
FINAL REGULATIONS 1211
the required testing for illegal drugs and providing
verification of the testing to the employer.
72.5 Department's Responsibilities
72.501 When the Department has received all
necessary documentation, it shall perform a review and
ensure that the employer receives a copy of the applicant's
state criminal history report and issue a written summary of
the federal criminal history report. If conviction of a
disqualifying crime is included on the state or federal
criminal history report, the Department shall notify the
employer immediately, prohibiting either the hire or
continued conditional employment of the applicant.
72.502 Upon notification that an employer intends to
hire a person who has previously had the criminal history
check conducted by the Department, the Department shall
review the criminal history on file and shall review the
applicant's criminal history via the Criminal Justice
Information System for any subsequent criminal
information. If the review reveals a disqualifying conviction
subsequent to the original review, the applicant shall be
disqualified from employment with the new employer and
the previously listed employers shall be notified of the recent
conviction and encouraged to make personnel decisions
based on the new information.
72.6 Confidentiality
72.601 In accordance with 11 Delaware Code, Section
8513(c), the Department shall receive information from the
State Bureau of Identification pertaining to the identification
and conviction data of any person for whom the Bureau has a
record solely for the purpose of determining suitability for
employment of the person whose record is received.
72.602 The Department shall store written and
electronically recorded criminal history record
information in a secure manner to provide for the
confidentiality of records and to protect against any possible
threats to their security and integrity.
72.603 The Department shall not release to employers,
as defined in Section 72.103 of these regulations, copies of
actual written reports of criminal history records prepared by
the Federal Bureau of Investigation.
72.604 The following procedure shall be used to
permit the review of criminal history record files by any
applicant:
a. An applicant shall submit a request in writing
to the Department for the on-site review of his/her criminal
history record file.
b. An applicant shall make an appointment to
review the record at the Department in the presence of a
Department employee. The applicant shall present photo
identification at the time of the review.
c. Written documentation of the date and time of
the review and the names of those present shall be filed in
the criminal history record file of the applicant.
d. Upon completion of such a review, the
Department shall return criminal history records (written or
electronic) to secure storage.
72.605 Criminal history record information shall not
be disseminated to any person(s) other than the applicant,
his/her employer or subsequent employer(s) as defined in
Section 72.103 of these regulations, or the Department.
72.606 All employers shall store criminal history
record information in a secure manner to provide for the
confidentiality of records and to protect against any possible
threats to their security and integrity.
72.607 Employers shall limit the use of criminal
history record information to the sole purpose of determining
suitability for employment.
DIVISION OF PUBLIC HEALTH
Statutory Authority: 16 Delaware Code,
Section 203 (16 Del.C. §203)
ORDER
Adoption Of The State Of Delaware Birth Defect
Surveillance and Registry Program Regulations
Nature Of The Proceedings:
Delaware Health and Social Services ("DHSS")
initiated proceedings to adopt State of Delaware Birth Defect
Surveillance and Registry Program Regulations. The DHSS
proceedings to adopt regulations were initiated pursuant to
29 Delaware Code Chapter 101 and authority as prescribed
by 16 Delaware Code, Chapter 2.
On December 1, 2002 (Volume 6, Issue 6), DHSS
published in the Delaware Register of Regulations its notice
of proposed regulations, pursuant to 29 Delaware Code
Section 10115. It requested that written materials and
suggestions from the public concerning the proposed
regulations be delivered to DHSS by January 10, 2003, or be
presented at a public hearing on January 10, 2003, after
which time DHSS would review information, factual
evidence and public comment to the said proposed
regulations.
Verbal and written comments were received during the
public comment period and evaluated. The results of that
evaluation are summarized in the accompanying "Summary
of Evidence."
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1212 FINAL REGULATIONS
Findings Of Fact:
The Department finds that the proposed regulations as
set forth in the attached copy should be adopted in the best
interest of the general public of the State of Delaware.
The proposed regulations include minor modifications
from those published in the December 1, 2002, Register of
Regulations, based on comments received during the public
comment period. These modifications are deemed not to be
substantive in nature.
THEREFORE, IT IS ORDERED that the proposed
State of Delaware Birth Defect Surveillance and Registry
Program Regulations are adopted and shall become effective
March 10, 2003, after publication of the final regulation in
the Delaware Register of Regulations.
Vincent P. Meconi, Secretary, DHSS, 2/14/2003
Summary Of Evidence
A public hearing was held January 10, 2003 at 1:00
p.m., in the Third Floor Conference Room of the Jesse
Cooper Building, Federal and Water Streets, Dover,
Delaware before David P. Walton, Hearing Officer, to
discuss the proposed Department of Health and Social
Services (DHSS) Birth Defect Surveillance and Registry
Program Regulations. Announcements regarding the public
hearing were published in the Delaware State News, The
News Journal and the Delaware Register of Regulations in
accordance with Delaware Law. JoAnn Baker from the
Community Health Care Access (CHCA) Section of the
Division of Public Health (DPH) made the agency's
presentation. Attendees were allowed and encouraged to
discuss and ask questions regarding all sections of the
proposed regulations. Although there was no testimony
given at the public hearing, four letters were received
commenting on the proposed regulations during the public
comment period (December 1, 2002 through January 10,
2003). Organizations that commented on the proposed
regulations included:
• Delaware Healthcare Association
• State Council for Persons with Disabilities
• Delaware Developmental Disabilities Council
• March of Dimes Delaware Chapter
All comments and the DHSS (Agency) responses are as
follows:
Sections 3.4.1 & Section 3.4.3, Reporting
Requirements. These sections state that those
responsible for diagnosis or treatment, or both for a child
or children under the age 5 with birth defects shall be
required to report required information to the registry.
To have every health care provider who is treating the
patient report the defect to the registry would duplicate
information being provided to the registry. It is
suggested that the physician, surgeon, dentist, podiatrist,
certified nurse midwife, or other health care provider
who initially diagnosis the birth defect should be the one
to report the information to the registry.
Agency Response: After careful review of the law (16
Del.C., Chapt. 2, §203), the Department has determined that
the law requires reporting of every occurrence of a birth
defect by those who diagnose or treat, or both, any child
under age 5. Section 3.4.1 of the regulation has language
("who is not known to be previously reported") that will
lessen the possibility of duplicative birth defect reporting
and based on this comment, Section 3.4.3 was amended to
also include such language.
Section 2.0, Definitions; Section 3.0 Reporting
Requirements. Defects discovered prior to birth are
included in the Section 2.0 definition of "birth defect".
Section 3.4 would require reporting of such prenatal
defects within 30 days. However, Section 3.1
contemplates that the registry only includes information
on "all births after viability". There is some "tension"
between the regulations suggesting inclusion of prenatal
birth defects in the registry versus those suggesting
inclusion only after viable birth. The Division may wish
to clarify its intent.
Agency Response: As a result of this comment, Section
3.1 was amended for clarification purposes.
Reporting Requirements in Section 3.4 may benefit
from a specific recital that providers treating through
spiritual means alone are not covered by the reporting
requirements [please refer to Title 16 Del.C. Sec. 203(b)].
Otherwise, a mental, spiritual or alternative health
provider is literally required to comply with reporting
requirements under Section 3.4.1.
Agency Response: As a result of this comment and after
careful review of the law, the Department added Subsection
3.4.4 to the regulations citing this reporting exemption.
The statute requires covered providers to submit
follow-up information at least once annually [please refer
to Title 16 Del.C. Sec. 203(a)(4)]. The regulations do not
address this requirement. It is recommended that the
Division insert a conforming regulation.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
FINAL REGULATIONS 1213
Agency Response: As result of this comment and after
careful review of the law, the Department added Section 3.7
to the regulations citing this requirement.
The statute ostensibly authorizes a parent to
withhold a child's name and identifying information
based on religious tenets or practices [please refer to
Title 16 Del.C. Sec. 203(c)]. The regulations contemplate
that all reporting will not include the identity of the child
or family [Section 4.1]. However, the second sentence in
Section 4.1 suggests that the patient-identifying
information will be compiled and shared under certain
circumstances. The regulations do not address the
parental right to not have personally identifying
information collected/reported based on religious tenets
or practices.
Agency Response: As a result of this comment and after
careful review of the law, the Department added Section 4.2
citing this part of the law.
General Comment. There were concerns raised
regarding the quantity of reportable diagnoses, and the
necessity of reporting some of them. The concerns were
centered around the possible effect of the quantity of
reportable diagnoses impacting negatively on the quality
of the reporting.
Agency Response: The law requires the Department to
collect birth defect information in accordance with
recommendations from the Centers for Disease Control and
Prevention (CDC). The reportable diagnoses list included as
part of the regulation is recommended by CDC.
Additionally, minor corrections were made to the
proposed regulations due to formatting errors.
The public comment period was open from December 1,
2002 to January 10, 2003.
Verifying documents are attached to the Hearing
Officer's record. The regulations have been approved by the
Delaware Attorney General's office and the Cabinet
Secretary of DHSS.
BIRTH DEFECT SURVEILLANCE AND REGISTRY
PROGRAM REGULATIONS
Authority: 16 Delaware Code, Chapter 2, Section 203
1.0 Purpose
1.1 Birth defects are one of the causes of infant
mortality and disabilities in Delaware. A Birth Defects
Surveillance System, or Birth Defects Registry, will enable
the Department of Health & Social Services (DHSS),
Division of Public Health (DPH) to collect birth defects data,
to create a statewide registry, and to link surveillance with
tracking of individual children for the provision of services.
1.2 The purpose of the Birth Defects Registry is to
provide information to Public Health officials as to the
existence of previously unrecognized health and
environmental hazards, help prevent certain birth defects and
ultimately decrease the infant mortality rate. The Birth
Defects Registry will gather data to assist with identification
of risk factors, including environmental and hereditary,
assist in the investigation of causes and prevalence; assist in
the development of strategies to reduce the occurrence of, or
prevent such defects; and track and follow-up abnormal
newborn hearing screening results.
1.3 The usefulness of the data collected in the Birth
Defects Registry will depend upon the full and accurate
reporting of such defects by health care practitioners, health
care facilities, clinics and laboratories.
1.4 The Birth Defects Registry will be a component of
the Newborn Screening Case Management System,
including metabolic and hearing screening. All results of
metabolic and hearing screens will become part of the
screening record. Tracking and follow-up of incomplete and
abnormal cases will be followed by the Division of Public
Health Newborn Screening Program.
2.0 Definitions The following words shall have the
meanings indicated:
"BIRTH DEFECT" means any structural or
biochemical abnormality, regardless of cause, diagnosed at
any time before or after birth, that requires medical or
surgical intervention or that interferes with normal growth or
development. This includes abnormal newborn hearing
screening. Reportable birth defects are listed in Appendix A
of these Regulations.
"DIVISION" refers to the Division of Public Health
under the Department of Health and Social Services.
"REGISTRY" means a central data bank containing
collected, classified, coded, and sorted data relating to
defects in children under age 5, reported by health care
providers.
"SURVEILLANCE" means the process of identifying
and investigating birth defects in children under age 5.
3.0 Reporting Requirements
The provisions of this section shall apply to the
Delaware Health and Social Services, Division of Public
Health, Birth Defect Registry:
3.1 The registry shall collect information on all [any]
birth[s] [defect diagnosed in utero and postpartum after
viability and on anyone any child under the age five (5)]
who is a resident of the state of Delaware, or whose parent is
a resident of Delaware, and who is diagnosed at any time
prior to age five (5) as having a birth defect. For the
purposes related to the registry the Division shall have
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1214 FINAL REGULATIONS
access to any medical record of the child that pertains to a
diagnosed or suspected birth defect. Prenatal information on
the birth mother may be obtained with prior consent.
3.2 Any diagnosed birth defects shall be reported for all
infants and children up to age 5, including those who have
since died (if the data is still available).
3.3 For purposes of these reporting requirements,
reportable diagnoses are those diagnoses, from the
International Classification of Diseases (ICD), as listed in
Appendix A of these regulations. The reportable diagnoses
listed in Appendix A may be revised, upon notice, to reflect
changes in publications accepted for use by the Centers for
Disease Control and Prevention or State.
3.4 The following persons and organizations are
required to report occurrences of birth defects within 30 days
of diagnosis to the Division of Public Health.
3.4.1 Any physician, surgeon, dentist, podiatrist,
certified nurse midwife, or other health care practitioner who
diagnoses or provides treatment, or both, for a child under
age 5 with birth defects who is not known to be previously
reported;
3.4.2 The designated representative of any
clinical laboratory that performs any test which identifies a
child or children under age 5 with birth defects not known to
be previously reported; and
3.4.3 The designated representative of any
hospital, dispensary, clinic, or other similar public or private
institution that diagnoses or provides treatment, or both, for a
child or children under age 5 with birth defects [who is not
known to be previously reported].
[3.4.4 This section of the regulations shall not
apply to any person or private institution that, as an
exercise of religious freedom, treats the sick or suffering
by spiritual means through prayer alone.]
3.5 The administrative officer of every health care
facility shall be responsible for establishing reporting
procedures at that facility, using the identified Birth Defect
Registry reporting form. Reporting procedures must ensure
that each infant initially diagnosed as having a birth defect
shall be reported to the Division. Any presumptive or actual
diagnosis in a child up to the age of 5 must be reported to the
Division.
3.6 Reporting sources shall complete the Division of
Public Health Birth Defects Surveillance Form for each
reported case, and forward the completed form to the
Division of Public Health Director or designee.
[3.7 Reporting sources are required to submit annual
follow-up information as requested through Birth Defect
Program.]
4.0 Confidentiality of Reports
4.1 No report of a diagnosis or treatment of a birth
defect shall be disclosed in such a way as to identify the
child who is the subject of the report, or as to identify the
child's family. However, patient-identifying information
may be exchanged among authorized agencies as approved
by the Department and upon receipt by the Department of
satisfactory assurances by those agencies of the preservation
of the confidentiality of such information. Agencies will
maintain the confidentiality of any information exchanged
for the purpose of delivery of program services, evaluation,
early intervention and epidemiological investigation.
[4.2 Any parent, custodian or guardian of any infant
having any birth defect may refuse disclosure to the
surveillance system and registry of the infant's name and
identifying information on the grounds that such birth
defect identification is contrary to the religious tenets
and practices of the infant's parent, custodian or
guardian.]
[4.2 4.3]No individual or organization providing
information pursuant to these regulations shall be held liable
for divulging such information to the Division.
5.0 Penalties
Any person or organization required to report the
diagnosis or treatment of a birth defect pursuant to these
regulations, and who violates these regulations, shall be
subject to a fine of up to $100 for each violation, pursuant to
16 Del.C. Sec. 206. Justices of the Peace Courts have
jurisdiction over such violations.
6.0 Severability
In the event any particular clause or section of the
regulations should be declared invalid or unconstitutional by
any court of competent jurisdiction, the remaining portions
shall remain in full force and effective.
APPENDIX A
October 2002
DELAWARE BIRTH DEFECTS REGISTRY
REPORTABLE DIAGNOSES
Broad Categories Specific Categories ICD-9 Codes
Congenital Infections
Congenital syphilis 090.0-090.3
Congenital rubella 771.0
Congenital cytomegalovirus 771.1
Congenital toxoplasmosis
(not specific code) 771.2
Other infections specific
to perinatal period 771.80
Other congenital infections771.x
Neoplasms
Neurofibromatosis 237.70
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
FINAL REGULATIONS 1215
Endocrine, Nutritional, Metabolic, Immunological Diseases
Congenital hypothyroidism 243.00
Phenylketonuria 270.10
Galactosemia 271.1
Cystic Fibrosis 277.00.01
Other Metabolic diseases
Diseases of Blood
Sickle Cell Disease 282.60
Other hemoglobinopathies 282.63, 282.69,
282.4
Developmental Disorders
Developmental Language
Disorder 315.31-315.39
Coordination Disorder 315.40
Mental Retardation 317 - 319
Congenital Anomalies of Central Nervous System
Anencephalus 740.0-740.1
Spina bifida without
anencephalus 741.0,741.9w/o
740.0-740.10
Hydrocephalus without
spina bifida 742.3 w/o
741.0, 741.9
Encephalocele 742.0
Microcephalus 742.1
Holoprosencephaly/
Porencephaly 742.2
Other Congenital Anomalies
of Nervous System 742.4 - 742.9
Congenital Anomalies of the Eye
Anophthalmia/microphthalmia 743.0,743.1
Congenital cataract 743.30-743.34
Aniridia 743.45
Glaucoma 743.20-743.22
Coloboma 743.46*
Congenital Anomalies of the Ear
Anotia/microtia 744.01,744.23
Congenital Anomalies of the Cardiovascular System
Common truncus 745.0
Transposition of great
arteries 745.10,745.11,
745.12, 745.19
Tetralogy of Fallot 745.2
Ventricular septal defect 745.4
Atrial Septal Defect 745.5
Endocardial cushion defect745.60,745.61,
745.69
Single Ventricle 745.3
Pulmonary valve atresia
and stenosis 746.01,746.02
Tricuspid valve atresia and
stenosis 746.1
Ebstein's anomaly 746.2
Aortic valve stenosis 746.3
Hypoplastic left heart syndrome746.7
Patent ductus arteriosus
>2500 gms 747.0
Coarctation of aorta 747.10
Pulmonary artery anomalies747.3
Congenital anomalies of the Respiratory System
Anomalies of larynx/trachea/
bronchus 748.30
Lung agenesis/hypoplasia 748.5
Other respiratory anomalies
Congenital Anomalies of the Orofacial Area
Cleft palate without cleft
lip 749.00-749.04
Cleft lip with or without
cleft palate 749.1,749.2
Choanal atresia 748.0
Congenital Anomalies of the Gastrointestinal Tract
Esophageal atresia/
tracheoesophageal fistula750.3
Atresia/stenosis of intestine
and rectum 751.10,751.2
Hirschsprung's disease
(congenital megacolon) 751.3
Anomalies of internal fixation
of bowel 751.40
Biliary atresia 751.61
Malrotation of intestine 751.4*
Pyloric stenosis 750.5
Anorectal malformation 751.4*
Congenital Anomalies of the Genitourinary System
Renal Agenesis/hypoplasia753.0
Bladder exstrophy 753.5
Cloacal exstrophy *
Cystic/dysplastic kidneys 753.10,753.15
Obstructive genitourinary
defect 753.2,753.6
Hypospadias and Epispadias752.6
Ambiguous genitalia 752.9*
Polycystic kidneys 753.12-753.14
Congenital Anomalies of the Musculoskeletal Regions
Reduction defect, upper
limbs 755.20-755.29
Polydactyly/Syndactyly/
Adactyly 755.00-755.02
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1216 FINAL REGULATIONS
755.10-755.14
755.4*
Reduction defect, lower
limbs 755.30-755.39
Arthrogryposis multiplex
congenital 754.89*
Achondroplasia 756.4
Osteogenesis imperfecta 756.51
Other skeletal dysplasia
Gastroschisis 756.7
Omphalocele 756.7
Diaphragmatic hernia
(moved up) 756.6
Scoliosis/Lordosis/Kyphosis754.0, 756.19
Congenital hip dysplasia 754.30, 754.31
754.35*
Club Foot 754.50, 51, 53,
60, 70, 79
Craniosynostosis 756.0*
Chromosomal Disorders
Trisomy 21 (Down
syndrome) 758.0
Trisomy 13 758.1
Trisomy 18 758.2
Autosomal deletion
syndromes 758.30
Other conditions due to
autosomal anomalies 758.50
Gonadal dysgenesis (Turner's
syndrome) 758.60
Klinefelter's syndrome 758.70
Other conditions due to sex
chromosome anomalies 758.80
Conditions due to anomaly of
unspecified Chromosome 758.90
Fragile X Syndrome 759.83
Other Congenital Malformations
Amniotic bank disruption
complex no code
Embryopathy from Toxic Exposure in Utero
Fetal Alcohol syndrome 760.71
Phenytoin 760.79*
Isotretinoin 760.79*
Warfarin 760.79*
Other toxic exposures 760.7x
Conductive hearing loss, external ear 389.01
Conductive hearing loss, middle ear 389.03
Ear disorder, unspecified 388.9
Hearing loss, noise-induced 388.12
Hearing loss, sudden, unspecified 388.2
Hearing loss, unspecified 388.9
Sensorineural hearing loss, unspecified 389.10
DIVISION OF PUBLIC HEALTH
Statutory Authority: 16 Delaware Code,
Section 2906(b) (16 Del.C. §2906(b))
ORDER
Adoption Of The State Of Delaware
Clean Indoor Air Act Regulations
Nature Of The Proceedings
Delaware Health and Social Services ("DHSS")
initiated proceedings to adopt State of Delaware Clean
Indoor Air Act Regulations. The DHSS proceedings to
adopt regulations were initiated pursuant to 29 Delaware
Code Chapter 101 and authority as prescribed by 16
Delaware Code, Chapter 29.
On January 1, 2003 (Volume 6, Issue 7), DHSS
published in the Delaware Register of Regulations its notice
of proposed regulations, pursuant to 29 Delaware Code
Section 10115. It requested that written materials and
suggestions from the public concerning the proposed
regulations be delivered to DHSS by January 31, 2003, or be
presented at a public hearing on January 30, 2003, after
which time DHSS would review information, factual
evidence and public comment to the said proposed
regulations. Due to inclement weather, the January 30
public hearing was rescheduled to February 6 and the public
comment period was extended to February 7, 2003.
Verbal and written comments were received during the
public comment period and evaluated. The results of that
evaluation are summarized in the accompanying "Summary
of Evidence."
Findings Of Fact
The Department finds that the proposed regulations, as
set forth in the attached copy should be adopted in the best
interest of the general public of the State of Delaware.
No modifications were made to the proposed
regulations as a result of public comment.
THEREFORE, IT IS ORDERED, that the proposed
State of Delaware Clean Indoor Air Act Regulations are
adopted and shall become effective March 10, 2003, after
publication of the final regulation in the Delaware Register
of Regulations.
Vincent P. Meconi, Secretary, DHSS, 2/13/2003
Summary Of Evidence
A public hearing was held on February 6, 2003 at 7:00
p.m. in the Downes Lecture Hall, Delaware Technical and
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
FINAL REGULATIONS 1217
Community College, Terry Campus, Denney's Road, Dover,
Delaware before David P. Walton, Hearing Officer. The
purpose of the hearing was to discuss the proposed
amendments to the Department of Health and Social
Services (DHSS) Clean Indoor Air Act Regulations.
Announcements regarding the public hearing were published
in the Delaware State News, the News Journal and the
Delaware Register of Regulations in accordance with
Delaware Law. Mr. Kevin Charles from Health Systems
Protection (HSP) Section of the Division of Public Health
(DPH) made the agency's presentation. Attendees were
allowed and encouraged to discuss and ask questions
regarding the proposed amendments to the regulations.
Public testimony was given at the hearing and fourteen
letters were received commenting mostly on the Clean
Indoor Air Act. Some of the comments were directed at the
proposed regulations and were received during the public
comment period (January 1 through February 7, 2003).
Organizations that commented included:
• Park Place of Milford
• Delaware United Smokers Association
• Coach House Restaurant
• Extreme Nite Club of Dover
• Dover Elks Club #1903
• American Way Fraternal Benefit Society
• Bulldozers Saloon of Smryna
All public comments and the DHSS (Agency) responses
are as follows:
Section 99.107.5a: Under criteria for private clubs,
there was comment that the state should not be dictating
how private clubs must screen their members, set entry
standards, or dictate the only acceptable reasons
members can chose to join a club. Specifically by
determining the private club must screen applicants for
membership on subjective rather than objective factors.
To set the standards on whom a private club must, or
must not admit would only encourage exclusive clubs as
opposed to inclusive clubs. This is unacceptable and the
proposed 99.107.5a regulation must be deleted.
Agency Response: Based on the recommendation in the
attorney general's review and opinion, the Department
included screening potential applicants on subjective rather
than objective factors as one of the criteria that distinguishes
a private club from a club open to the general public. By
their very nature, private clubs may be exclusive when it
comes to membership criteria.
Section 99.107.6: There was a comment against the
deletion of the definition of "Private social function" as
proposed by the Department.
Agency Response: After careful review of pages 837-
840 of the January 1, 2003, edition of the Register of
Regulations, it was determined that the Register of
Regulations mistakenly deleted the definition of "Private
social function" from the Clean Indoor Air Act regulations.
The Department's proposed version sent to the Register that
was also published on the Department's website and handed
out at the public hearing was correct and did not reflect
deletion of the definition of "Private social function".
Subsequently, in the final regulation published in this edition
of the Register of Regulations, the definition of "Private
social function" was added back into the regulation.
Reference to this technical correction can be found in the
"errata" section of the March, 2003 Register.
Section 99.201A: An independent contractor who
operates a business out of his home asked if under
Section 99.201a of the regulations if smoking would be
prohibited in his home?
Agency Response: Based on this comment at the public
hearing, the Department recommended this person contact
the Department of Labor for clarification under the Clean
Indoor Air Act rules for places of employment.
Section 99.301F: Why is a Fraternal Benefit Society
such as a Veterans of Foreign Wars (VFW) post allowed
to smoke even if sponsoring an event where kids are
invited?
Agency Response: The law provides for an exemption
for any fund raising activity or function sponsored by a
fraternal benefit society as defined by 18 Delaware Code,
Section 6201; provided, however, that the fund raising
activity or function takes place upon property owned or
leased by said organization. While the Department would
not recommend allowing smoking at an event where children
are present, under the Clean Indoor Air Act is not unlawful
to do so.
Section 99.107.5a: Would a cigar club (smoker) be
considered a subjective factor under private club
membership criteria?
Agency Response: A cigar smoker could be considered
one subjective screening factor under private club
membership.
There was a general comment made that the private
club rules in the proposed regulations are too onerous
and are meant to be "unpalatable" to any business
owner. A club owner would not only have to meet
private club criteria spelled out in these regulations, but
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1218 FINAL REGULATIONS
also private club requirements under the Alcohol
Beverage and Control Commission.
Agency Response: The definition of private club in the
proposed regulations mirrors criteria recommended by the
attorney general's opinion on this matter. In regards to
smoking, these regulations apply to any private club,
whether is sells alcohol or not. The Department also
recognizes that clubs that hold a liquor license issued under
the State Liquor Control Act may need to also meet private
club requirements in regards to the sale of liquor.
There was a recommendation that one of the criteria
for a private club should be there is no profit motive.
Agency Response: The Department considered this
factor when developing the definition for private club, but
the attorney general's opinion did not recommend such a
criteria.
Although the public hearing was about the regulatory
changes, there were many general comments against the law.
For instance, there were comments from bar and tavern
owners who insisted their businesses had seen a significant
decline since the Clean Indoor Air Act went into effect on
November 27, 2002. Additionally, there were negative
comments about enforcement of the Clean Indoor Air Act.
There was general consensus among facility owners at the
hearing that the Clean Indoor Air Act unfairly discriminates
against smokers.
There were also many written comments received from
people in favor of the law and how it protects the health of
the public as well as employees from the damaging effects of
second-hand smoke. Some people also requested nothing be
done to weaken the law. Some insisted that private clubs not
be exempted from the law and that the only exemptions
should be for residential dwellings and outdoors areas that
are not stadiums or other large facilities where large numbers
of people congregate.
The public comment period was open from January 1,
2003 to February 7, 2003.
Verifying documents are attached to the Hearing
Officer's record. The regulation has been approved by the
Delaware Attorney General's office and the Cabinet
Secretary of DHSS.
State Of Delaware
Clean Indoor Air Act Regulations
Section 99.1 GENERAL PROVISIONS
99.101 Preamble
These Regulations are adopted in accordance with
the authority vested in the Secretary, Department of Health
and Social Services, by 16 Delaware Code Chapter 29
§2906(b). These Regulations establish standards for the
enforcement of the Clean Indoor Air Act as it relates to most
indoor enclosed areas to which the general public is invited
or in which the general public is permitted. Regulations
establishing standards for the enforcement of the Clean
Indoor Air Act affecting employers, employees and the
workplace are adopted by the Department of Labor.
99.102 Purpose
These regulations shall be construed and applied to
protect the nonsmoker from involuntary exposure to
environmental tobacco smoke in most enclosed indoor areas
to which the public is invited or in which the general public
is permitted. The purpose of the Clean Indoor Air Act is to
preserve and improve the health, comfort and environment
of the people of this State by limiting exposure to tobacco
smoke.
99.103 Severability
In the event any particular clause or section of the
regulations should be declared invalid or unconstitutional by
any court of competent jurisdiction, the remaining portions
shall remain in full force and effect.
99.104 Date of Effect
These regulations shall be effective November 27,
2002
99.105 Inspections
The Secretary, DHSS, or authorized designee shall
have right of entry into any enclosed indoor area subject to
16 Delaware Code Chapter 29.
99.106 Waiver
The Department of Health and Social Services may
upon written request waive the provisions of these
Regulations if the Department determines there are
compelling reasons to do so, and such waiver will not
significantly affect the health and comfort of non-consumers
of tobacco products.
99.107 Definitions
The following words, terms, and phrases when used in
these regulations, shall have the meaning ascribed to them in
this section, except where the context clearly indicates a
different meaning.
For the purposes of these Regulations:
99.107.1 "Department" means the Delaware
Health and Social Services (DHSS) as defined in 29 Del
Code, Section 7901.
99.107.2 "Environmental tobacco smoke"
(ETS), or "secondhand smoke" is the complex mixture
formed from the escaping smoke of a burning tobacco
product (termed as sidestream smoke) and smoke exhaled by
the smoker. Exposure to ETS is also frequently referred to
as "passive smoking" or "involuntary smoking."
99.107.3 "Enclosed Indoor Area" means an
indoor area that is neither open nor partially enclosed, except
for normal means of access and egress through doors or
passageways.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
FINAL REGULATIONS 1219
99.107.4 "Fraternal Benefit Society" means
any incorporated society, order or supreme lodge, without
capital stock, including one exempted under the provisions
of 18 Del Code 6237(a)(2) of this title, whether incorporated
or not, conducted solely for the benefit of its members and
their beneficiaries and not for profit, operated on a lodge
system with ritualistic form of work, having a representative
form of government and which provides benefits in
accordance with this chapter, is hereby declared to be a
fraternal benefit society.
99.107.5 "Private Club" means any club or
organization that does not permit the general public to access
its facilities or activities. Access is denied to anyone who
does not agree or adhere to the rules of membership. In order
to be considered a private club or organization for purposes
of the Clean Indoor Air Act, the establishment must adhere
to all of, but not limited to, the following criteria:
a. Have a permanent mechanism to carefully
screen applicants for membership on subjective rather than
objective factors;
b. Limits access and use of facilities, services and
activities of the organization to members and guests of the
members;
c. Is controlled by its membership and operates
solely for the benefit and pleasure of its members;
Advertises exclusively and only to its members, excluding
membership drives.
d. Advises exclusively and only to its members,
excluding membership drives.
99.107.5 6 "Private social function" means a
function to which the public is neither invited nor generally
permitted access and which is held in a separate indoor
enclosed indoor area.
[PLEASE NOTE: THE DEFINITION OF "PRIVATE
SOCIAL FUNCTION" SHOULD NOT HAVE BEEN SHOWN AS
BEING DELETED. INSTEAD IT SHOULD HAVE SHOWN THAT
IS WAS BEING RENUMBERED AS SECTION 99.107.6 WITH
SUBSEQUENT SECTIONS ALSO BEING RENUMBERED.]
99.107.6 7 Public transportation of children"
means transportation which involves the transportation of
children by a vehicle under the control of a daycare, school
or other organizations.
99.107.7 8 "Secretary" means the Administrator
of the Delaware Department of Health and Social Services
(DHSS) of the State of Delaware, who shall hereafter in this
document be referred to as: Secretary; The Secretary; or,
Secretary, DHSS.
99.107.8 9 "Smoking" means the burning of a
lighted cigarette, cigar, pipe or any other matter or substance
that contains tobacco.
99.107.9 10 "Volunteer fire company" means a
fire, ambulance, or rescue company recognized as such by
the Delaware State Fire Prevention Commission.
99.2 SMOKING PROHIBITIONS
99.201 Except as is provided in 99.301 of these
regulations, and in order to reduce the levels of exposure to
environmental tobacco smoke, smoking shall not be
permitted and no person shall smoke in any of the following
areas:
A. Any enclosed indoor area, including, but not
limited to, those listed in 16 Del Code, Section 2903, to
which the general public is invited or in which the general
public is permitted. This shall apply to any organization,
business or establishment which caters to or offers goods or
services or facilities to, or solicits patronage from the general
public.
Organizations or businesses that maintain lists and/or
that charge nominal "membership fees" or cover charges to
the general public prior to admission are not considered
private clubs and will not be exempt from the Clean Indoor
Air Act.
B. Government owned and/or operated means of
mass transportation including buses, vans, trains, taxicabs
and limousines.
C. Functions or activities of private clubs or
organizations, as defined by Section 99.107.5 of these
regulations, when access by the general public is allowed or
solicited.
D. Any private vehicle used for the public
transportation of children or as part of health care or day care
transportation.
E. In private homes or private residences when
such homes or residences are being used for childcare or day
care.
99.202 No owner of any indoor enclosed area subject
to 16 Del Code Chapter 29 and/or person(s) responsible for
the management of such area or employee thereof, shall
permit or authorize smoking by any person(s) in areas not
designated specifically for the smoking of tobacco products
as permitted by Section 99.301.
99.3 SMOKING PROHIBITIONS INAPPLICABLE
99.301 Smoking prohibitions shall not apply in the
following:
A. Private homes, private residences and private
automobiles,
B. Any indoor area where private social functions
are being held when seating arrangements are under the
control of the sponsor of the function and not the owner,
operator, manager or person in charge of such indoor area;
C. Limousines under private hire
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1220 FINAL REGULATIONS
D. A hotel or motel room rented to one or more
guests provided that the total percentage of such hotel or
motel rooms does not exceed twenty-five percent (25%).
E. Any fund raising activity or function sponsored
by a volunteer fire company, auxiliary of a fire company, or
a volunteer ambulance or volunteer rescue company;
provided, however, that the fund raising activity or function
takes place upon property owned or leased by the volunteer
fire, rescue or ambulance company.
F. Any fund raising activity or function sponsored
by a fraternal benefit society as defined by 18 Del Code
§6201; provided, however, that the fund raising activity or
function takes place upon property owned or leased by said
organization.
G. Any enclosed indoor area operated or in use
exclusively by a private club as defined in 99.107.5 of these
regulations.
99.4 POSTING OF SIGNS
99.401 Failure to Properly Post and Maintain Signs
Owners, operators, managers or other person(s)
having control of enclosed indoor areas subject to the
regulations of 16 Del Code Chapter 29 shall post signs which
indicate "Warning: Smoking Permitted" prominently to
indicate those locations where smoking is permitted pursuant
to Regulation 99.301, B and D. Failure to prominently post
properly maintained signs with letters at least one (1) inch in
height and in accord with the CLEAN INDOOR AIR ACT
shall be a violation subject to administrative penalties as set
forth in Regulation 99.501 of the Clean Indoor Air Act
Regulations.
99.5 COMPLIANCE AND ENFORCEMENT
PROCEDURES
99.501 Administrative Penalties
Whoever violates any provision of these regulations
shall be subject to an administrative penalty of $100.00 for
the first violation and not less then $250.00 for each
subsequent violation.
99.502 Right to Administrative Hearing
Upon due notice that the Department intends to
assess an administrative penalty, as indicated in 99.501, the
entity may submit to the Division, within thirty (30) days of
the date of such notice of intent, a written request for an
administrative hearing.
99.503 Orders of the Department
Whoever refuses, fails or neglects to perform the
duties required under these regulations or violates, neglects
or fails to comply with the duly adopted regulations or orders
of the Department of Health and Social Services, shall be
fined not less than $100.00 and not more than $1,000.00,
together with cost, unless otherwise provided by law.
DIVISION OF PUBLIC HEALTH
Statutory Authority: 16 Delaware Code,
Section 122(1), (3)(a), (f) & (j)
(16 Del.C. §122(1), (3)(a), (f) & (j))
ORDER
Adoption Of The State Of Delaware
Regulations Governing The Production And Sale Of
Milk And Milk Products
Nature Of The Proceedings
The Department of Health and Social Services
("DHSS") initiated proceedings to adopt Rules and
Regulations Governing the Production and Sale of Milk and
Milk Products. The DHSS proceedings to adopt regulations
were initiated pursuant to 29 Delaware Code, Chapter 101
and authority as prescribed by 16 Delaware Code, Chapter 1,
Section 122(1), (3)(a), (f) & (j).
On January 1, 2003 (Volume 6, Issue 7), DHSS published in
the Delaware Register of Regulations its notice of proposed
regulations, pursuant to 29 Delaware Code Section 10115. It
requested that written materials and suggestions from the
public concerning the proposed regulations be delivered to
DHSS by January 31, 2003, or be presented at a public
hearing on January 29, 2003, after which time DHSS would
review information, factual evidence and public comment to
the said proposed regulations.
Findings Of Fact
No verbal comments were received during the public
hearing and no written comments were received during the
official public comment period. The public comment period
was open from January 1 to January 31, 2003. Verifying
documents are attached to the Hearing Officer's record. The
regulation has been reviewed and approved by the Delaware
Attorney General's office.
The Department finds that the proposed regulations as
set forth in the attached copy should be adopted in the best
interest of the general public of the State of Delaware.
THEREFORE, IT IS ORDERED, that the State of
Delaware Regulations Governing the Production and Sale of
Milk and Milk Products are adopted and shall become
effective March 10, 2003, after publication of the final
regulation in the Delaware Register of Regulations.
Vincent P. Meconi, Secretary, DHSS, 2/14/2003
EDITOR'S NOTE ON INCORPORATION BY REFERENCE
THE FOOD AND DRUG ADMINISTRATION (FDA)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
FINAL REGULATIONS 1221
REGULATION "GRADE A PASTEURIZED MILK
ORDINANCE 2001 REVISION" HAS BEEN DECLARED
DOCUMENTS GENERALLY AVAILABLE TO THE PUBLIC AND
APPROPRIATE FOR INCORPORATION BY REFERENCE. FOR
THIS REASON, IT WILL NOT BE PRINTED IN THE
DELAWARE REGISTER OF REGULATIONS OR THE
DELAWARE ADMINISTRATIVE CODE. THIS DOCUMENT
MAY BE INSPECTED AT THE REGISTRAR OF REGULATIONS
OFFICE, LEGISLATIVE HALL, 411 LEGISLATIVE AVE,
DOVER, DELAWARE OR IS AVAILABLE AT THE REGISTER
WEBSITE.
PDF Version of Regulations Governing the Production &
Sale of Milk & Milk Products
(Acrobat Reader Required)
DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code,
Section 107 (31 Del.C. §107)
ORDER
Revision Of The Regulations Of Delaware's
Division Of Social Services Manual Sections 3002.5, 3024
Nature Of The Proceedings:
Delaware Health and Social Services ("Department") /
Division of Social Services / Temporary Assistance to
Needy Families (TANF) Program initiated proceedings to
implement changes to the Division of Social Services
Manual (DSSM). The proposed changes amends the manual
as it relates to assessment prior to termination of benefits and
to add language allowing for two categories of eligible
people. 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 January 2003 Delaware Register of
Regulations, requiring written materials and suggestions
from the public concerning the proposed regulations to be
produced by January 31, 2003 at which time the Department
would receive information, factual evidence and public
comment to the said proposed changes to the regulations.
Summary Of Proposed Changes
DSSM 3002.5:
• Shifts to the client the responsibility to request a
case review prior to terminating TANF due to time
limit.
DSSM 3024:
• Adds language allowing for two categories of people
to be able to receive cash benefits:
1) Persons with 40 quarters work history; and
2) Victims of severe trafficking pursuant to Public
Law 106-386, Trafficking Victims Protection Act of 2000.
Summary of Comments Received with Agency Response
The Governor's Advisory Council For Exceptional
Citizens (GACEC) and the State Council for Persons with
Disabilities (SCPD) offered the following similar
observations:
First, many recipients will not be sufficiently
knowledgeable to affirmatively request the redetermination.
Beneficiaries include children (e.g. "minor parents"). They
also include refugees and aliens predictably characterized by
limited English proficiency, education, and life skills. This
is a safety net program designed to provide basic living
support to disadvantaged persons. Protection from
inappropriate eligibility terminations should be the
cornerstone of the program.
Second, the change may undermine the administration
of the program. DSS would ostensibly notify the beneficiary
at least 10 days in advance of the impending determination
date. The beneficiary could then appeal the decision, request
benefit continuation, and request the reassessment. The
beneficiary could request the hearing and benefit
continuation up to the termination date. Instead of having 90
days to complete the assessment, DSS will be constrained to
quickly perform the assessment under the pressure of an
impending hearing deadline. Adopting standards with less
notice and opportunity to complete assessments may simply
result in more hearings and more stress on a system already
"stretched thin" by personnel vacancies.
Agency Response: The Division of Social Services
(DSS) notifies every TANF time limited family of their time
remaining on TANF and instances in which the time period
may be extended. There are three types of notices a time
limited family receives to alert them to their time remaining
on assistance. There is a quarterly notice that specifies if the
family disagrees with the time remaining to call their worker
for a review. There is a notice sent out two months prior to
the end of their benefits and that too indicates that the family
can request a review if they do not agree with the time
remaining on assistance. The last notice is the notice that
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1222 FINAL REGULATIONS
says the case is being closed due to the time limit expiring.
That notice also alerts families that they can request a
hearing if they disagree with the agency. Furthermore,
families have case redeterminations every six months.
During these case reviews time remaining on assistance is
reviewed with the family.
Delaware has had a time limit welfare program since
October 1995. This is no longer a new program. The
Personal Responsibility and Work Reconciliation Act
(PRWORA) of 1996, which created TANF, promotes that
families take personal responsibility for their lives.
Delaware considers this another step in that process. DSS is
always willing to review the TANF cases in a timely fashion
as required by fair hearing rules.
Findings Of Fact
The Department finds that the proposed changes as set
forth in the January 2003 Register of Regulations should be
adopted.
THEREFORE, IT IS ORDERED, that the proposed
regulations of the TANF Program are adopted and shall be
final effective March 10, 2003.
Vincent P. Meconi, Secretary, DHSS, 2/14.2003
DSS FINAL ORDER REGULATIONS #03-08
REVISIONS:
DSSM 3002.5 Assessment Prior to Termination of
Benefits
If requested by the client, At least 90 days prior to the
end of the 36 or 48 cumulative month period in which a
family has received assistance (through cash assistance and
participation in pay-after-performance), the Division will
complete another assessment of employability. If the
Division determines that the adult caretaker is not
employable, the Division will continue benefits under the
Children's Program as described in Section 3003. If the
Division determines that the adult caretaker is employable,
DABC benefits will end to the family as of the last day of the
36 or 48 cumulative months.
(Break In Continuity of Sections)
DSSM 3024 Citizens and Aliens
Only U.S. citizens and qualified aliens, as defined in
section 431 of PRWORA, are eligible to receive public
assistance benefits.
Citizens are those persons born in the 50 states and the
district of Columbia, Puerto Rico, Guam, U.S. Virgin
Islands, and Northern Mariana Islands. Children born
outside of the United States are citizens if both parents are
citizens.
Qualified aliens who entered the United States prior to
August 22, 1996 are treated as if they were United States
citizens. Qualified aliens are defined as aliens who are:
1. An alien lawfully admitted for permanent residence
under the Immigration and Nationality Act (INA);
2. An alien granted asylum under section 208 of the
INA;
3. A refugee admitted to the United States under
section 207 of the INA;
4. An alien paroled into the United States under
section 212(d)(5) of the INA for a period of at least 1 year;
5. An alien whose deportation is being withheld under
section 243(h) of the INA as in effect prior to April 1, 1997,
or whose removal is being withheld under section 241(b)(3)
of the INA;
6. An alien granted conditional entry under section
203(a)(7) of the INA as in effect prior to April 1, 1980;
7. An alien who is a Cuban or Haitian entrant; or
8. An alien who (or whose child or parent) has been
battered or subjected to extreme cruelty in the United States
and otherwise satisfies the requirements of 8 U.S.C. 1641(c).
Qualified aliens admitted on or after August 22, 1996,
are barred from receiving cash benefits for five (5) years,
except for certain excepted groups described below who are
not subject to the bar. The following excepted groups of
aliens are exempt from the 5-year ban on benefits:
1. Qualified aliens lawfully residing in the State who
are honorably discharged veterans and who fulfill minimum
active-duty service requirements, or who are on non-training
active duty in the U.S. Armed Forces, or who are the spouse,
unmarried dependent child, or unremarried surviving spouse
of such a veteran or active-duty personnel, provided that, in
the latter case, the marriage satisfied the requirements of 38
U.S.C. § 1304;
2. Refugees, for a period of five years after the date
they entered the U.S. as refugees;
3. Asylees, for a period of five years after obtaining
such status;
4. Aliens whose deportation of removal has been
withheld, for a period of five years after obtaining such
status;
5. Cuban/Haitian entrants, as defined in section 501(e)
of the Refugee Education Assistance Act of 1980, for a
period of five years after they obtain such status; and
6. Amerasian immigrants from Vietnam, admitted to
the U.S. pursuant to section 84 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act
of !988, for a period of five years after their admission.
7. Individuals who are eligible due to being lawfully
admitted for permanent residence (LPR) who can be credited
with 40 quarters of work.
8. Victims of Severe Trafficking per Public Law 106-
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
FINAL REGULATIONS 1223
386 Trafficking Victims Protection Act of 2000:
Severe forms of trafficking is defined as,
• sex trafficking in which a commercial sex act is
induced by force, fraud, or coercion, or in which the
person induced to perform such an act has not
attained 18 years of age; or
• the recruitment, harboring, transportation,
provision, or obtaining of a person for labor or
services, through the use of force, fraud, or coercion
for the purpose of subjection to involuntary
servitude, peonage, debt bondage, or slavery.
Adult victims of severe trafficking will be certified
by the U.S. Department of Health and Human Services
(HHS) and will receive a certification letter. Children, those
under 18 years of age, who are victims of severe trafficking
do not need to be certified but will receive a letter stating that
the child is a victim of a severe form of trafficking. These
victims of trafficking are treated like refugees. Victims of
trafficking do not have to hold a certain immigration status,
but they need to be certified by HHS in order to cash
assistance.
9. An alien who (or whose child or parent) has been
battered or subjected to extreme cruelty in the United States
and otherwise satisfies the requirements of 8 U.S.C. 1641(c).
Documentation:
1. Lawful permanent resident status is verified by:
• INS Form I-551; or
• Unexpired temporary I-551 stamp in foreign
passport or on INS Form I-94.
2. Refugee status is verified by:
• INS Form I-94 annotated with stamp showing
admission under section 207 of the INS;
• INS Form I-688B (Employment Authorization
Card) annotated "274a12(a)(3);
• INS Form I-766 (Employment Authorization
Document) annotated "A3"; or
• INS Form I-571 (Refugee travel Document).
3. Asylee status is verified by:
• INS Form I-94 annotated with stamp showing grant
of asylum under § 208 of the INA;
• INS Form I-688B (Employment Authorization
Card) annotated "274a12(a)(5);
• INS Form I-766 (Employment Authorization
Document) annotated "A5";
• Grant letter from the Asylum Office of INS; or
• Order from an immigration judge granting asylum.
4. The status of an alien whose deportation is withheld
is verified by:
• INS Form I-688B (Employment Authorization
Card) annotated "274a12(a)(10);
• INS Form I-766 (Employment Authorization
Document) annotated "A10"; or
• Order from an immigration judge showing
deportation withheld under §243(h) of the INA as
in effect prior to April 1, 1997, or removal withheld
under §241(b)(3) of the INA.
5. Cuban/Haitian entrant status is verified by:
• INS Form I-551 (Alien Registration Receipt Card)
with the code CU6, CU7, or CH6;
• An unexpired temporary I-551 stamp in foreign
passport or on INS Form I-94 with the code CU6 or
CU7;
• INS Form I-94 with stamp showing parole as
"Cuban/Haitian Entrant" (Status Pending);
• INS Form I-94 showing parole into the United
States on or after October 10, 1980; and
• Cuban or Haitian passport, identity card, birth
certificate, or other reasonable evidence of Cuban
or Haitian nationality
6. Amerasian immigrant status is verified by:
• INS Form I-551 with the code AM6, AM7, or
AM8; or
• Unexpired temporary I-551 stamp in foreign
passport or on INS Form I-94 with the code AM1,
AM2, or AM3.
7. The 40 qualifying quarters of work is determined
under Title II of the Social Security Act. This includes the
quarters of work not covered by Title II of the Social
Security Act. Quarters of work not covered by Title II of the
Social Security Act is based on the sum of the following:
• quarters the alien worked;
• quarters credited from the work of a parent of the
alien before the alien became 18 (including quarters
worked before the alien was born or adopted); and
• quarters credited from the work of a spouse of an
alien during their marriage if they are still married
or the spouse is deceased.
NOTE: A spouse cannot get credit for quarters of
coverage of a spouse when the couple divorces before a
determination of eligibility is made. If a determination of
eligibility has been made based on the quarters of coverage
of a spouse, and the couple later divorces, the alien's
eligibility continues until the next recertification. At that
time, eligibility is determined without crediting the alien
with the former spouse's quarters of coverage. (Beginning
January 1, 1997, any quarter in which the alien received any
Federal means-tested benefits does not count as a qualifying
quarter. A parent's or spouse's quarter is not creditable if
the parent or spouse received any Federal means-tested
benefits or actually received food stamps in that quarter. If
an alien earns the 40th quarter of coverage before applying
for food stamps or any other Federal means-tested benefit in
that same quarter, all that quarter toward the 40 qualifying
quarters total.);
8. When a victim of a severe form of trafficking
applies for benefits, DSS will follow normal procedures for
refugees except DSS will:
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1224 FINAL REGULATIONS
• Accept the original certification letter or letter for
children in place of INS documentation. Victims of
severe forms of trafficking are not required to
provide any documentation regarding immigrant
status. (DO NOT SEND FOR SAVE
VERIFICATION.)
• Call the trafficking verification line at (202) 401-
5510 to confirm the validity of the certification
letter or similar letter for children and to notify the
Office of Refugee Resettlement (ORR) of the
benefits for which the individual has applied.
• Note the "entry date" for refugee benefit purposes.
The individual's "entry date" for refugee benefits
purposes is the certification date, which appears in
the body of the certification letter or letter for
children.
• Issue benefits to the same extent as a refugee,
provided the victim of a severe form of trafficking
meets other program eligibility criteria like income
limits.
• Re-certification letters will used to confirm that the
individual continues to meet the certification
requirements. These letters will have the same
"entry date" as the original certification letters. The
regular recertification periods will apply to these
individuals in the same manner that they apply to
refugees.
9. For aliens who (or whose child or parent) is
claiming that they have been battered or subjected to
extreme cruelty in the United States and otherwise meets the
requirements of 8 U.S.C. 1641(c) call PPDU to determine if
the documentation provided is satisfactory.
Aliens admitted as temporary residents are not
eligible for public assistance benefits. Included are visitors,
tourists, diplomats, and students.
Citizenship and alien status are verified at the time
of application.
DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code,
Section 505 (31 Del.C. §505)
ORDER
Revision Of The Regulations Of Delaware's
Division Of Social Services Manual Section 9007.1
Nature Of The Proceedings
Delaware Health and Social Services ("Department") /
Division of Social Services / Food Stamp Program initiated
proceedings to implement changes to the Division of Social
Services Manual (DSSM). The proposed changes amend the
policy of the Food Stamp Program in the Division of Social
Services Manual (DSSM) as it relates to the restoration of
food stamp benefits to certain qualified aliens. These
mandatory provisions must be implemented on April 1,
2003, in accordance with Public Law 107-171 Farm Security
and Rural Investment Act of 2002 and Public Law 106-386
Trafficking Victims Protection Act of 2000. 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 January 2003 Delaware Register of
Regulations, requiring written materials and suggestions
from the public concerning the proposed regulations to be
produced by January 31, 2003 at which time the Department
would receive information, factual evidence and public
comment to the said proposed changes to the regulations.
No comments were received.
Summary Of Proposed Changes
• Restores benefits to qualified aliens who have been
in the U. S. for five years; and
• Makes certain victims of a severe form of trafficking
in persons eligible for food stamps just like refugees.
Findings Of Fact
The Department finds that the proposed changes as set
forth in the January 2003 Register of Regulations should be
adopted.
THEREFORE, IT IS ORDERED, that the proposed
regulations of the Food Stamp Program related to the
restoration of benefits to certain qualified aliens are adopted
and shall be final effective March 10, 2003.
Vincent P. Meconi, Secretary, DHSS, 2/14/2003
DSS FINAL ORDER REGULATION #03-05
REVISIONS:
DSSM 9007.1
Household members meeting citizenship or alien status
requirements.
The following residents of the United States are eligible
to participate in the Food Stamp Program without limitations
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
FINAL REGULATIONS 1225
based on their citizenship/alienage status:
1. Persons born in the 50 states and the District of
Columbia, Puerto Rico, Guam, Virgin Islands, and the
Northern Mariana Islands. Children born outside the United
States are citizens if at least one of the parents is a citizen;
2. Naturalized citizens or a United States non-citizen
national (person born in an outlaying possession of the
United States, like American Samoa or Sawin's Island, or
whose parents are U.S. non-citizen nationals;
3. Individuals who are:
(A) An American Indian born in Canada who
possesses at least 50 per centum of blood of the American
Indian race to whom the provisions of section 289 of the
Immigration and Nationality Act (INA) apply;
(B) A member of an Indian tribe as defined in
section 4(e) of the Indian Self-Determination and Education
Assistance Act which is recognized as eligible for the special
programs and services provided by the U. S. to Indians
because of their status as Indians;
(C) Lawfully residing in the U. S. and was a
member of a Hmong or Highland Laotian tribe at the time
that the tribe rendered assistance to U. S. personnel by taking
part in a military or rescue operation during the Vietnam era
beginning August 5, 1964, and ending May 7, 1975;
(i) The spouse or surviving spouse of such
Hmong or Highland Laotian who is deceased, or
(ii) An unmarried dependent child of such
Hmong or Highland Laotian who is under the age of 22; an
unmarried child under the age of 18 or if a full-time student
under the age of 22 of such a deceased Hmong or Highland
Laotian provided that the child was dependent upon him or
her at the time of his or her death; or an unmarried disabled
child age 18 or older if the child was disabled and dependent
prior to the child's 18th birthday.
4. Individuals who are eligible indefinitely due to
being:
(A) lawfully admitted for permanent residence
(LPR) who can be credited with 40 quarters of work as
determined under Title II of the Social Security Act,
including qualifying quarters of work not covered by Title II
of the Social Security Act, based on the sum of: quarters the
alien worked; quarters credited from the work of a parent of
the alien before the alien became 18 (including quarters
worked before the alien was born or adopted); and quarters
credited from the work of a spouse of an alien during their
marriage if they are still married or the spouse is deceased.
A spouse cannot get credit for quarters of coverage of a
spouse when the couple divorces before a determination of
eligibility is made. If a determination of eligibility has been
made based on the quarters of coverage of a spouse, and the
couple later divorces, the alien's eligibility continues until
the next recertification. At that time, eligibility is
determined without crediting the alien with the former
spouse's quarters of coverage. (Beginning January 1, 1997,
any quarter in which the alien received any Federal meanstested
benefits does not count as a qualifying quarter. A
parent's or spouse's quarter is not creditable if the parent or
spouse received any Federal means-tested benefits or
actually received food stamps in that quarter. If an alien
earns the 40th quarter of coverage before applying for food
stamps or any other Federal means-tested benefit in that
same quarter, all that quarter toward the 40 qualifying
quarters total.);
(B) lawfully living in the U. S. for five (5) years as
a qualified alien beginning on the date of entry;
Qualified aliens include lawfully admitted
residents (holders of green cards), those granted asylum,
refugees, victims of a severe form of trafficking, those
paroled in the United States under section 212(d)(5) of the
INA for at least one year, those whose deportation is being
withheld, those granted conditional entry under section
501(e) of the Refugee Education Assistance Act of 1980,
Cuban or Haitian entrants, and under certain circumstances,
a battered spouse, battered child or parent or child or a
battered person with a petition pending under 204(a)(1)(A)
or (B) or 244(a)(3) of the INA.
(B C) lawfully in US on 8/22/96 and is now
under 18 years of age;
(C D) lawfully in US and is now receiving
disability or blind (payments listed under DSSM 9013.1);
(D E) lawfully in US and 65 or older on 8/22/96
(born on or before 8/22/31).
(E F) An alien with one of the following military
connections:
(i) A veteran who was honorably discharged
for reasons other than alien status, who fulfills the minimum
active-duty service requirements of 38 U.S.C. 5303A(d),
including an individual who died in active military, naval or
air service;
(ii) A veteran includes an individual who
served before July 1, 1946, in the organized military forces
of the Government of the Commonwealth of the Philippines
while such forces were in the service of the Armed forces of
the U. S. or in the Philippine Scouts, as described in 38
U.S.C. 107;
(iii) An individual on active duty in the Armed
Forces of the U.S. other than for training; or
(iv) The spouse and unmarried dependent
children (legally adopted or biological) of a person described
above in (i) through (iii), including the spouse of a deceased
veteran, provided the marriage fulfilled the requirements of
38 U.S.C. 1304, and the spouse has not remarried. An
unmarried child for the purposes of this section is: a child
who is under the age of 18 or, if a full-time student, under the
age of 22; such unmarried dependent child of a deceased
veteran was dependent upon the veteran at the time of the
veteran's death; or an unmarried disabled child age 18 or
older if the child was disabled and dependent on the veteran
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1226 FINAL REGULATIONS
prior to the child's 18th birthday.
5. The following aliens with a seven-year (7) time
limit:
(A) refugees admitted under section 207 of the
INA;
(B) asylees admitted and granted asylum under
section 208 of the INA;
(C) aliens whose deportation or removal has been
withheld under section 241(b)(3) and 243 (h) of the INA.
(D) Cuban and Haitians admitted under section
501(e) of the Refugee Education Act of 1980; and
(E) Amerasians admitted under Section 584 of the
Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1998.
(F) Immigrants who are victims of severe
trafficking in persons per Public Law 106-386 Trafficking
Victims Protection Act of 2000. Severe forms of trafficking
in persons is defined as sex trafficking in which a
commercial sex act is induced by force, fraud, or coercion,
or in which the person induced to perform such an act has
not attained 18 years of age; or the recruitment, harboring,
transportation, provision, or obtaining of a person for labor
or services, through the use of force, fraud, or coercion for
the purpose of subjection to involuntary servitude, peonage,
debt bondage, or slavery.
Adults victims of severe trafficking will be certified
by the U.S. Department of Health and Human Services
(HHS) and will receive a certification letter. Children, those
under 18 years of age, who are victims of severe trafficking
do not need to be certified but will receive a letter stating that
the child is a victim of a severe form of trafficking. These
victims of trafficking are treated like refugees for food stamp
purposes. Victims of trafficking do not have to hold a
certain immigration status, but they need to be certified by
HHS in order to receive food stamps.
When a victim of a severe form of trafficking
applies for benefits, DSS will follow normal procedures for
refugees except DSS will:
1. Accept the original certification letter or
letter for children in place of INS documentation. Victims of
severe forms of trafficking are not required to provide any
documentation regarding immigrant status. (DO NOT CALL
SAVE.)
2. Call the trafficking verification line at
(202) 401-5510 to confirm the validity of the certification
letter or similar letter for children and to notify the Office of
Refugee Resettlement (ORR) of the benefits for which the
individual has applied.
3. Note the "entry date" for refugee benefit
purposes. The individual's "entry date" for refugee benefits
purposes is the certification date, which appears in the body
of the certification letter or letter for children.
4. Issue benefits to the same extent as a
refugee, provided the victim of a severe form of trafficking
meets other program eligibility criteria like income limits.
5. Re-certification letters will used to
confirm that the individual continues to meet the
certification requirements. These letters will have the same
"entry date" as the original certification letters. The regular
recertification periods will apply to these individuals in the
same manner that they apply to refugees.
The seven-year (7) time limit begins from the date
they obtained their alien status, (was granted asylum, was
admitted as a refugee, from the date the deportation or
removal was withheld).
6. An alien who has been battered or subjected to
extreme cruelty in the U. S. by a spouse or a parent or by a
member of the spouse or parent's family residing in the same
household as the alien at the time of the abuse, an alien
whose child has been battered or subjected to battery or
cruelty, or an alien child whose parent has been battered.
Only eligible if a veteran or on active duty in U.S.
armed forces (or spouse or unmarried dependent child of
veteran or person on active duty) or lawfully in US on 8/22/
96 and under 18 years of age; lawfully in US on 8/22/96 and
disabled or blind; or lawfully in US and 65 or older on 8/22/
96.
DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code,
Section 507 (31 Del.C. §507)
ORDER
Revision Of The Regulations Of Delaware's
Division Of Social Services Manual
Sections 17500, 17520, 17550, 20210.7.1, 20620.1,
20995.1, 20910.5
Nature Of The Proceedings
Delaware Health and Social Services ("Department") /
Division of Social Services / Medicaid/Medical Assistance
Programs initiated proceedings to implement changes to the
Division of Social Services Manual (DSSM) related to
Qualifying Individuals 2, the counting of Veteran
Administration pension payments, and the Food Stamp
Program standard utility allowance. 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 January 2003 Delaware Register of
Regulations, requiring written materials and suggestions
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
FINAL REGULATIONS 1227
from the public concerning the proposed regulations to be
produced by January 31, 2003 at which time the Department
would receive information, factual evidence and public
comment to the said proposed changes to the regulations.
Summary Of Proposed Changes
1) 17500, 17520, 17550 Qualifying Individuals
First, the eligibility group Qualifying Individuals 2 (QI-
2) expires on December 31, 2002. This group was
authorized by Section 1933 of the Social Security Act, which
provided 100% federal funding for the payment of all or part
of the Medicare Part B premiums for Qualifying Individuals
on an annual basis from 1998 through 2002. This provision
sunsets on December 31, 2002.
2) 20210.7.1, 20620.1, 20995.1 Veterans' Pension
Payments, Personal Needs Allowance
The second is a revision to the policy on Veterans'
Administration (VA) pensions to comply with federal
regulations. Certain veterans receive a VA Improved
Pension that is limited to $90. The regulation states that this
pension is not counted for eligibility or post-eligibility
purposes. The post-eligibility calculation determines the
amount that a nursing home Medicaid recipient must
contribute to the cost of care.
DSS has been correctly excluding the pension for
eligibility, but incorrectly counting the pension in the posteligibility
calculation. Some veterans were required to
contribute more to cost of care than the regulations allow.
3) 20910.5 Excess Shelter Allowance
And, third, DSS is revising the excess shelter allowance
to align with the upcoming Food Stamp Program change to a
standard utility allowance. DSS has been allowing the use of
either the standard utility allowance or actual utility
expenses. The excess shelter allowance is part of the
spousal impoverishment post eligibility calculation that is
used to provide income to the community spouse of a
nursing home recipient. The community spouse may keep
some of the nursing home recipient's income for his or her
maintenance needs in the community.
Summary of Comments Received with Agency Response
The Governor's Council For Exceptional Citizens
(GACEC) and the State Council for Persons with Disabilities
(SCPD) offered the following comments:
The GACEC and SCPD endorse the amendment, which
slightly increases the monthly personal needs allowance
from $44 to $50 for nursing home residents who participate
in a rehab/educational program or sheltered workshop.
DSS Response: During publication, the abovereferenced
section in DSSM 20620.1 - Personal Needs was
inadvertently underlined. The $50.00 per month is not new
policy. This protected amount has been in place since the
1980s. DSS apologizes for any inconvenience this may have
caused.
Findings Of Fact
The Department finds that the proposed changes as set
forth in the January 2003 Register of Regulations should be
adopted.
THEREFORE, IT IS ORDERED, that the proposed
regulations of the Medicaid/Medical Assistance Programs be
adopted and shall be final effective March 10, 2003.
Vincent P. Meconi, Secretary, DHSS, 2/14/2003
DSS FINAL ORDER REGULATIONS #03-06
REVISIONS:
17500 Qualifying Individuals
Section 4732 of the Balanced Budget Act of 1997
establishes a capped allocation for each of five years
beginning January 1998, to states for payment of Medicare
Part B premiums for two new mandatory eligibility groups
of low-income Medicare beneficiaries, called Qualifying
Individuals or QIs. This provision amends section
1902(a)(10)(E) of the Social Security Act concerning
Medicare cost-sharing for Qualified Medicare Beneficiaries
(QMBs) and Specified Low Income Medicare Beneficiaries
(SLMBs). It also amends section 1905(b) of the Social
Security Act concerning the Federal Medical Assistance
Percentage (FMAP) by incorporating reference to and
establishing a new section 1933, for QIs.
A Continuing Resolution (P.L. 107-229, as
amended by P.L. Nos. 107-240 and 107-244) has been
enacted that extends, at current funding levels, the QI-1
benefit through January 21, 2003. The Continuing
Resolution did not extend the expiration date for QI-2s.
QIs are individuals who would be QMBs but for the
fact that their income exceeds the income levels established
for QMBs and SLMBs. This means that QIs must meet all
the technical and financial eligibility requirements of the
QMB program except for the income limits.
Unlike QMBs or SLMBs, who may be determined
eligible for Medicaid benefits in addition to their QMB/
SLMB benefits, QIs cannot be otherwise eligible for
Medicaid.
(Break In Continuity of Sections)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1228 FINAL REGULATIONS
17520 Qualifying Individuals 2
This eligibility group expired on December 31,
2002.
Individuals in the second group of QIs , called QI-
2s, must have income that exceeds 135% of the FPL, but the
income must be at or below 175% of the FPL. The benefit
for QI-2s consists only of the portion of the Medicare Part B
premium that is attributable to the shift of some home health
benefits from Part A to Part B. The amount will increase by
an additional 1/7 in each of the following years.
(Break In Continuity of Sections)
17550 Capped Allocation
This provision is effective for premiums payable
beginning with January 1998 and ending with December
2002. Each state will receive a specific capped allocation for
QIs.
A Continuing Resolution (P.L. 107-229, as
amended by P.L. Nos. 107-240 and 107-244) has been
enacted that extends, at current funding levels, the QI-1
benefit through January 21, 2003. The Continuing
Resolution did not extend the expiration date for QI-2s.
Because of the capped allocation, we must limit the
number of QIs selected in a calendar year so that the amount
of benefits provided to these individuals does not exceed our
state allocation. QIs will be selected on a first-come, firstserved
basis. This means the QIs are selected in the order in
which they apply for benefits.
Once a QI is approved, the QI is entitled to receive
assistance for the remainder of the calendar year, provided
the individual meets the eligibility requirements. However,
the fact that an individual receives assistance at any time
during the year does not necessarily entitle the individual to
continued assistance for any succeeding year. We will give
preference to individuals who were QIs, QMBs, SLMBs, or
QDWIs in the last month of the previous year.
(Break In Continuity of Sections)
20210.7.1 VA Pensions
Pension payments are unearned income based on a
combination of service and a nonservice-connected
disability or death. All VA pension payments (except those
resulting from Aid and Attendance or Housebound
Allowance, paid on the basis of a Medal of Honor or paid
under a special act of Congress) are based on need and do
not receive the $20 general income exclusion.
The Veterans' Benefits Act of 1992 (Public Law
101-508) enacted October 1, 1992, limits VA Improved
Pensions for a veteran and a surviving spouse (with no
children) residing in Medicaid nursing facilities. The VA
Improved Pension is limited to $90 a month and is excluded
as income. The law prohibits any part of the $90 pension
from being applied to the cost of care. The veteran or
surviving spouse will receive a personal needs allowance of
$90 not counted as income in the eligibility or posteligibility
process. There is no interaction between the
reduced pension and the personal needs allowance. If the
veteran has income from other sources that is considered
countable for the purposes of post-eligibility, perform the
post-eligibility calculations to determine the amount of the
veteran's liability to his or her cost of care.
(Break In Continuity of Sections)
20620.1 Personal Needs
[(a)] $44.00 per month of available income is to be
protected for the recipients direct personal needs, as defined
by Form MAP-64; or
a) If the recipient receives a reduced VA Improved
Pension (not to exceed $90) the personal needs amount will
be $90 or the amount of personal needs allowance in the
state plan, whichever is greater; or
[(b)] If the recipient regularly attends a rehab/
educational program off the grounds of his nursing
facility, including employment for the purpose of
rehabilitation in a sheltered workshop off the grounds of the
facility, $50.00 per month (rather than $44) will be
protected; or
[(c)] For nursing home residents who are participating
in substantial gainful activity (SGA) (20 CFR 416.971), the
following amounts, not to exceed the Adult Foster Care rate
will be deducted from gross earned income:
Mandatory payroll deductions that are a condition of
employment including, but not limited to:
• Federal, State and Local Taxes
• FICA
• Union Dues
• Insurance premiums
• Pension contributions
• Transportation costs as paid to & from work
• Clothing and personal needs allowance of $75/
month.
If earnings average more than $700 a month in a
calendar year, this is considered SGA and DSS can allow a
personal needs allowance of up to the AFC rate. If earnings
average less than $300 a month in a calendar year, this is not
ordinarily considered SGA and DSS can allow the $44 or
$50 personal needs allowance. If average earnings are
between $300 and $700, DSS must consider other factors to
determine whether or not the work constitutes SGA. Other
factors include considering if the work is comparable to
unimpaired people in the community performing similar
jobs.
(Break In Continuity of Sections)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
FINAL REGULATIONS 1229
20995.1 Post-Eligibility Deductions
Post-eligibility determination is revised to allow the
following deductions from the income of the institutional
spouse. The deductions must be taken in the following
order.
a. Personal Needs Allowance for the institutional
spouse
The personal needs allowance amount is $30 per month
for SSI recipients up to $90 per month for recipients of VA
Improved Pensions, and $44 per month for all others. If the
institutionalized spouse is employed, personal needs may
range from $50 up to the Adult Foster Care rate per month.
See Section 20620.1 Personal Needs.
b. Community Spouse Income Allowance
The community spouse monthly income allowance is
the amount of income necessary to bring the spouse's
monthly otherwise available income up to:
• the applicable percent of the FPL for two, plus
• an additional amount for excess shelter
The total amount available to the community spouse
may not exceed "Cap for Minimum Monthly Maintenance
Standard". This standard usually changes each January
based on the Consumer Price Index for Urban Consumers.
c. Family Allowance.
d. Items for which protection of income has been
approved by the Long Term Care Coordinator and/or
incurred medical expenses of the institutionalized spouse.
(Break In Continuity of Sections)
20910.5 Excess Shelter Allowance
The amount by which the spouse's expenses for rent or
mortgage payment, property taxes, and homeowner's
insurance plus the Food Stamp standard utility allowance
(SUA) exceeds 30% of the applicable percent of the FPL for
two. Effective 10/1/92 the basic SUA is $164; the SUA plus
heat is $239. Actual utilities may be used [if the client
requests.]
DEPARTMENT OF NATURAL
RESOURCES AND
ENVIRONMENTAL CONTROL
DIVISION OF FISH AND WILDLIFE
Statutory Authority: 7 Delaware Code,
Section 903(e)(2)(a) (7 Del.C. §903(e)(2)(a))
ORDER
Adoption of Amendments to Tidal Finfish
Regulation 11, and New Regulation 28
Summary Of Evidence And Information
Pursuant to due notice vol. 6, issue 6 DE Register of
Regulations, 755-756 (12/1/02), The Department of Natural
Resources and Environmental Control proposes to amend
Tidal Finfish Regulation 11 pertaining to red drum size
limits and creel limits and proposes a new Regulation 28,
Atlantic Ocean American shad season and closure. For red
drum the minimum size would increase from 18 inches to 20
inches total length, and the maximum size of a red drum that
may be retained would become 27 inches long total length.
The purpose of this amended regulation is to come into
compliance with Amendment 2 to the Atlantic States Marine
Fisheries Commission Interstate Fishery Management Plan
for Red Drum.
Regulation 28 would set up a registration system for
commercial gill netters intending to participate in the
American shad fishery in the Atlantic Ocean in 2002 and
2004. If three or fewer Delaware licensed commercial gill
netters register for this fishery, the season for American shad
in the Atlantic Ocean shall open February 14 and close
midnight April 21. If four or more commercial gill netters
register for this fishery, the season for American shad will
open later and close sooner. The exact dates of opening and
closure in 2003 or 2004 will depend on the number of
fishermen who register. Beginning January 1, 2005, it shall
be illegal to take American shad from the Atlantic Ocean by
means of gill net. The purpose of the regulation is to meet
the intent of Amendment 1 of the Interstate Fishery
Management Plan for Shad and River herring which requires
all states to reduce American shad commercial fishing effort
by 40% in the ocean in 2003 and close the ocean fishery for
American shad by January 1, 2005.
A public hearing was held on December 30, 2002 to
take comments on proposed amendments to Regulation 11
and on new Regulation 28. Comments were taken that
evening and during the remainder of the comment period
which remained open until January 10, 2003.
Findings Of Fact
There was no opposition to the proposed regulation
changes for red drum. The two attendees at the public
hearing both supported the proposed regulation change for
red drum.
One comment was received subsequent to the hearing in
regard to the proposed new regulation on American shad.
This person was concerned that an open sign-up for
American shad fishing in the ocean would encourage
fishermen to sign up who had no intention of fishing in the
ocean. The other suggestion from this fisherman was to
reduce the allowable net yardage for American shad in the
ocean from 1,000 yards to 600 yards. This suggestion which
had been discussed at a workshop held on June 18, 2002
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1230 FINAL REGULATIONS
would only be a paper reduction and would not meet the
intent of reducing effort by 40% because not all gill netters
use 1,000 yards of net each day of the season.
Conclusions
I have reached the following conclusions:
Delaware's minimum size for red drum should be
adjusted from 18 to 20 inches and the maximum size should
be established at 27 inches total length.
Delaware should register participants in the ocean
American shad commercial fishery and adjust the proposed
ocean American shad commercial fishery opening and
closing dates as proposed in draft Regulation 28 for 2003
and 2004, and that the ocean commercial fishery for
American shad should close January 1, 2005 until changed
by regulation.
ORDER
It is hereby ordered this 6th day of February in the year
2003 that amendments to Tidal Finfish Regulation 11 and
new Regulation 28, copies of which are attached hereto, are
adopted pursuant to 7 Del. C. 903(e)(2)(a) and are supported
by the Department's findings of evidence and testimony
received. This Order shall become effective on March 10,
2003.
John A. Hughes, Secretary,
Department of Natural Resources And Environmental
Control
Tidal Finfish Regulation 11. Red Drum Size Limits;
Creel Limits.
(a) Unless otherwise authorized, it shall be unlawful for
any person to possess any red drum, (Sciaenops ocellatus),
that measures less than eighteen (18) inches, twenty (20)
inches total length or more than twenty-seven (27) inches,
total length., except as otherwise provided in paragraph (b)
in this regulation.
(b) Unless otherwise authorized, it shall be unlawful for
any person to possess more than five (5) red drum., one of
which may exceed twenty-seven (27) inches, total length.
Tidal Finfish Regulation No. 28, Atlantic Ocean
American Shad Season And Closure
(a) All Delaware licensed commercial gill netters who
wish to harvest and land American shad, Alosa sapidissima,
in the Atlantic Ocean must register with the Department their
intent to participate in this Atlantic Ocean commercial shad
fishery by February 1 each year during either or both of
2003 and 2004.
(b) If three or fewer licensed commercial gill netters
register to participate in the Atlantic Ocean commercial
Atlantic shad fishery in any given year in 2003 or 2004, then
the season for that year shall open at 12:01 a.m. February 14
and shall close on or before midnight April 21. If more than
three licensed commercial gill netters register to participate
in the Atlantic Ocean commercial Atlantic shad fishery in
any given year in 2003 or 2004, then the season start and end
dates shall be adjusted according to the following table based
on the number of registered Atlantic Ocean shad commercial
gill net fishermen:
Number of RegisteredSeason Season Dates
Shad Fishermen Length
4 59 days 14 Feb. - 13 April
5 47 days 20 Feb. - 7 April
6 39 days 24 Feb. - 3 April
7 34 days 27 Feb. - 1 April
8 29 days 1 March - 29 March
9 26 days 2 March - 27 March
10 24 days 3 March - 26 March
11 21 days 4 March - 24 March
If more than 11 fishermen register to participate in the
Atlantic Ocean commercial Atlantic shad fishery in 2003 or
2004, the season length for that year shall be shortened one
day for each additional registered fisherman and the season
dates shall be adjusted accordingly.
(c) Beginning 12:01 a.m. on January 1, 2005, it shall be
unlawful for any Delaware fisherman to take and reduce to
possession any American shad caught by gill net from the
waters of the Atlantic Ocean.
DIVISION OF FISH & WILDLIFE
Statutory Authority: 7 Delaware Code,
Section 6010, (7 Del.C. §6010)
Order No. 2003-F-008
Summary of Evidence and Information
Pursuant to due notice 6, issue 6 DE REG 757-758 (12/
1/2002), The Department of Natural Resources and
Environmental Control proposes to amend Tidal Finfish
Regulation No. 23 pertaining to black sea bass. Specifically
the proposed regulation would allocate Delaware's
commercial black sea bass quota to those individuals that
meet qualifying criteria based on historical performance in
the fishery. In order to qualify for quota in the commercial
pot fishery individuals must be able to demonstrate that they
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
FINAL REGULATIONS 1231
or their vessels landed at least 10,000 pounds of black sea
bass by pot gear during the period 1994 through 2001.
Landing information documented in either the state landing
reports or the federal National Marine Fisheries Service
databases shall be used to verify landings in the pot fishery.
Those individuals participating in the commercial hook and
line fishery for black sea bass must be able to demonstrate
that they landed black sea bass by this gear type during the
period 1994 through 2001. Landing information in the state
or federal data base may be used for verification purposes.
Additional changes to Tidal Finfish Regulation No. 23
include requirements that participants in the pot fishery must
have a current federal moratorium permit in conjunction
with a state commercial food fish license. Those individuals
with only federal landing data history must also have had a
state commercial food fishing license for at least one year
during the time frame 1994 through 2001. Participants in the
commercial black sea bass fishery must pre-register with the
Department 15 days after the regulation is signed by the
Secretary. Ninety six percent of the quota will be allocated
to the pot fishery and the remaining four- percent to the hook
and line fishery. Shares of the quota will be evenly divided
between those individuals who qualify for each of the two
fisheries. Quota shares may not be transferred between
fishermen and each fishermen is required to report landings
to the Department within one hour of packing out each days
catch.
A public hearing was held on the proposed amendments
to Tidal Finfish Regulation No.23 on January 8, 2003.
Comments were taken on the proposed quota allocation
program and written testimony was received after the
hearing.
Finding of Fact
The majority of people (six) that testified at the hearing
preferred Option 1 for the commercial pot fishery, which
required history in the state database in order to qualify for
the landing permit and quota.
Two people provided written comments that indicated
verification of landings by pot gear in the federal database
should also be a means for qualifying for the landing permit
and quota. Comments from two people that testified at the
hearing suggested that federal history on a vessel should be
used as part of the qualifying process for the pot fishery.
There was no opposition to the pre-register requirement
or the mandatory call in of landings via the Department's
interactive voice reporting system.
Five of the seven people that testified at the hearing
suggested a harvest threshold requirement should be
incorporated into the qualifying criteria in order to show
significant historical participation in the fishery. The
participants at the public hearing discussed ten thousand
pounds as a reasonable threshold level. One person
submitted written comments suggesting that a five thousandpound
threshold be included in the qualifying criteria.
The one person at the public hearing who participated in
the commercial black sea bass hook and line fishery
supported option 1 for the hook and line fishery. This person
supported a requirement that some history in the fishery be
required in order to qualify.
There was no opposition to the proposed requirement
that quota could not be transferred between fishermen. In
addition, there was no opposition regarding the requirement
for paying back individual overages that may occur from
year to year.
Conclusions
I have reached the following conclusions:
A commercial black sea bass landing permit should be
required for anyone landing black sea bass in Delaware for
commercial purposes. The commercial pot and hook and
line fisheries for black sea bass should have separate
permits, quotas and qualifying criteria. As part of the pot
fishery qualifications an individual or an individual's vessel
must have a history of landing at least 10, 000 pounds of
black sea bass during the period 1994 through 2001 as
verified in either the state or federal landing data bases.
Furthermore, a current federal moratorium permit and
current state commercial food fishing license should also be
required. Those individuals or owners of vessels with only
federal database history should be required to have had a
state commercial food fish license for at least one year
during the period 1994 through 2001. In order to qualify for
a landing permit and quota in the commercial hook and line
fishery a person or a person's vessel must have history of
landing black sea bass by commercial hook and line during
the time frame 1994 through 2001. Landing history for the
hook and line fishery can be verified through either the state
or federal landing database.
Delaware's commercial quota for black sea bass should
be allocated 96 percent to the pot fishery and 4 percent to the
hook and line fishery. The number of individuals that
qualify to participate will evenly divide shares of these
allocations, by fishery. Individual quotas should not be
transferred between fishermen and any overages of
individual quotas will be deducted from the person's next
year's quota and distributed to those who did not go over
quota.
Individuals who qualify to participate in either the pot or
hook and line commercial black sea bass fishery should preregister
with the Department by 4:30 PM on a date no later
than 15 days after the regulation is signed by the Secretary.
Participants should be required to notify the Department, via
the interactive voice telephone reporting system, each days
harvest within one hour after packing out their landings.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1232 FINAL REGULATIONS
ORDER
It is hereby ordered this 6th day of February 2003 that
amendments to Tidal Finfish Regulation 23 and 4 copies of
which are attached hereto, are adopted pursuant to 7 Del. C.
§ 903 (e)(2)(a) and are supported by the Department's
findings of evidence and testimony received. This order
should become effective on March 15, 2003.
John A. Hughes, Secretary,
Department of Natural Resources and Environmental
Control
[Proposed Final] Amendments To Tidal Finfish
Regulations
TIDAL FINFISH REGULATION NO. 23 BLACK SEA
BASS SIZE LIMIT; [TRIP LIMITS; LANDING
PERMITS; QUALIFYING CRITERIA; SEASONS;
QUOTAS]
a) It shall be unlawful for any person to have in
possession any black sea bass Centropristis striata that
measures less than eleven (11) inches, total length.
b) It shall be unlawful for any recreational person to
have in possession any black sea bass that measures less than
eleven and one-half (11.5) inches, total length. [(Note the
minimum size may have to be adjusted within the range
of 11.5-12.5 inches pending action taken by the Atlantic
States Marine Fisheries Commission in December of
2002).]
c) It shall be unlawful for any person to possess on
board a vessel at any time or to land after one trip more than
the quantity of black see bass determined by the Atlantic
States Marine Fisheries Commission for any quarter. The
Department shall notify each individual licensed to land
black sea bass for commercial purposes of the quarterly trip
limits established by the Atlantic States Marine Fisheries
Commission. It shall be unlawful for any commercial
fisherman to land, to sell, trade and or barter any black sea
bass in Delaware unless authorized by a black sea bass
landing permit issued by the Department. The black sea bass
landing permit shall be presumed to transfer with the vessel
whenever it is bought, sold, or otherwise transferred, unless
there is a written agreement, signed by the transferor/seller
and transferee/buyer, or other credible written evidence,
verifying that the transferor/seller is retaining the vessel's
fishing and permit history for purposes of replacing the
vessel.
"One trip" shall mean the time between a vessel leaving
its home port and the next time said vessel returns to any port
in Delaware."
d) It shall be unlawful for any person to fish for black
sea bass for commercial purposes or to land any black sea
bass for commercial purposes during any quarter after the
date in said quarter that the Atlantic States Marine Fisheries
Commission determines that quarter's quota is filled." The
Department shall notify each individual licensed in
Delaware to land black sea bass for commercial purposes of
any closure when a quarterly quota is filled. The black sea
bass pot fishery and the black sea bass commercial hook and
line fishery shall be considered separate black sea bass
fisheries. The total pounds allocated to each fishery by the
Department shall be as follows: 96 percent of the State's
commercial quota, as determined by the ASMFC, for the pot
fishery; 4 percent for the commercial hook and line fishery.
e) Is omitted intentionally. [Option 1] The
Department may only issue a black sea bass landing permit
for the pot fishery to a person who is the owner of a vessel
permitted by the National Marine Fisheries Service in
accordance with 50 CFR §§ 648.4 and who had applied for
and secured from the Department a commercial food fishing
license [with a food fishing equipment permit for fish
pots and submitted landings reports to the Department
for black sea bass harvested during at least one year
between 1994 and 2001. and has a reported landing
history in either the federal or state reporting systems of
landing by pot at least 10,000 pounds of black sea bass
during the period 1994 through 2001. Those individuals
that have landing history only in the federal data base
must have possessed a state commercial food fishing
license for at least one year during the time from 1994
through 2001.]
f) It shall be unlawful for any recreational fisherman
to have in possession more than 25 black sea bass at or
between the place where said black sea bass were caught and
said recreational fisherman's personal abode or temporary or
transient place of lodging. [Option 2) The Department
may only issue a black sea bass landing permit for the pot
fishery to a person who is the owner of a vessel permitted
by the National Marine Fisheries Service in accordance
with 50 CFR §§ 648.4 and who has a current Delaware
food fish license and a current food fishing equipment
permit for fish pots.]
f)
sea bass landing permit for the commercial hook and line
fishery to a person who has applied for and secured from the
Department a commercial food fishing license and a fishing
equipment permit for hook and line and submitted landings
[Option 1] The Department may only issue a black
reports [to the Department for black sea bass harvested at
least one year during the period in either the federal or
state landing report systems for black sea bass harvested
by hook and line during at least one year between 1994
through and 2001.]
[Option 2) The Department may only issue a black
sea bass landing permit for the commercial hook and line
fishery to a person who has a current Delaware
commercial food fishing license and a current fishing
equipment permit for hook and line.]
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
FINAL REGULATIONS 1233
g) Any overage of the State's commercial quota will
be subtracted [by the Atlantic States Marine Fisheries
Commission] from the next year's commercial quota.
Any overage of an individual's allocation will be
subtracted from that individual's allocation the next year
[and distributed to those individuals in the appropriate
fishery that did not exceed their quota.]
h) Each participant in a black sea bass fishery shall be
assigned a equal share of the total pounds of black sea bass
allotted by the Department for that [particular] fishery. A
share shall be determined by dividing the number of preregistered
participants in [one of the two recognized
fisheries that fishery] into the total pounds of black sea bass
allotted to the fishery by the Department. In order to preregister
an individual must indicate their intent in writing to
participate in this fishery by 4:30 PM on a date no later than
15 days after this regulation is signed by the Secretary of the
Department.
i) It shall be unlawful for a commercial food
fisherman to transfer quota allocation shares of black sea
bass to another commercial food fishermen.
j) Each commercial food fishermen participating in a
black sea bass fishery shall report to the Department, via the
interactive voice phone reporting system operated by the
Department, each days landings in pounds at least one hour
after packing out their harvest.
k) It shall be unlawful for any recreational fisherman
to have in possession more than 25 black sea bass at or
between the place where said black sea bass were caught and
said recreational fisherman's personal abode or temporary or
transient place of lodging. [(Note, the possession limit may
vary between 10 and 25 black sea bass depending on
action to be taken by the Atlantic States Marine Fisheries
Commission in December of 2002).]
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1234 GOVERNOR'S EXECUTIVE ORDERS
STATE OF DELAWARE
EXECUTIVE DEPARTMENT
DOVER
EXECUTIVE ORDER
NUMBER THIRTY-FIVE
RE: RECOGNIZING AND RECONSTITUTING
THE GOVERNOR'S TASK FORCE ON
SCHOOL LIBRARIES
WHEREAS, in or about January 1993, the State
Librarian issued a report entitled "An Action Agenda for
Delaware Libraries"; and
WHEREAS, partially in response to the State
Librarian's report, former Governor Thomas R. Carper
convened a Task Force on School Libraries; and
WHEREAS, since its formation, the Governor's Task
Force on School Libraries has served the vital functions of
advocating for improvement of school libraries throughout
the State of Delaware, and serving as a clearinghouse for
ideas to sustain school libraries and enhance the services
school libraries provide; and
WHEREAS, it is in the best interests of the State that
the Governor's Task Force on School Libraries be
continued, and that its organization and functions be
formally structured by executive order,
NOW, THEREFORE, I, RUTH ANN MINNER, by
the power vested in me as Governor of the State of
Delaware, hereby declare and order that:
1. The Governor's Task Force on School Libraries
(hereinafter, the "Task Force") is continued.
2. The Task Force shall be composed of not more than
twenty-four (24) members. The State Librarian and the
Education Associate for Libraries/Media/Technology (or
person holding a similar title within the State Department of
Education) each shall serve as members ex officio. Up to
twenty (20) of the remaining members of the Task Force
shall be appointed by the Governor and shall serve at the
pleasure of the Governor. The members appointed by the
Governor shall be selected in a manner to ensure diverse
representation of professional and educational background,
and of the geographic areas of the State. The Governor's
appointees shall include at least one teacher or administrator
from each county of the State. One member of the Task
Force shall be a member of the State Senate, and shall be
appointed by and serve at the pleasure of the President Pro
Tempore of the Senate. One member of the Task Force shall
be a member of the State House of Representatives and shall
be appointed by and serve at the pleasure of the Speaker of
the House. A Chairperson of the Task Force shall be chosen
by the membership.
3. The purposes of the Task Force shall be to improve
and extend school library services available to all Delaware
students, kindergarten through twelfth grade, and to support
curriculum reform efforts related to school libraries. In
furtherance of these purposes, the Task Force shall be
engaged in the following activities:
a. Close communication and shared activities
with the Department of Education, through the Education
Associate for Library/Media/Technology;
b. Developing collaboration among school and
public libraries, as well as with college and university
libraries, working through the Delaware Division of
Libraries;
c. Encouraging the use of Standards For Library
Media Centers, Delaware Public Schools by districts and
schools to assess and improve their programs;
d. Conducting an annual survey to gather data
about Delaware school libraries;
e. Involvement with literacy efforts throughout
the State, especially reading initiatives in the schools; and
f. Support of the Exemplary School Library
Project to showcase the effects on academic achievement of
a quality elementary school library.
Approved and adopted this 15th day of January 2003.
Ruth Ann Minner
Governor
Attest:
Harriet Smith Windsor
Secretary of State
STATE OF DELAWARE
EXECUTIVE DEPARTMENT
DOVER
EXECUTIVE ORDER
NUMBER THIRTY-SIX
RE: REALLOCATION OF STATE PRIVATE
ACTIVITY BOND VOLUME CAP FOR
CALENDAR YEAR 2002 AND INITIAL
SUBALLOCATION OF STATE PRIVATE
ACTIVITY BOND VOLUME CAP FOR
CALENDAR YEAR 2003
WHEREAS, pursuant to 29 Del. C. §5091, the State's
private activity bond volume cap ("Volume Cap") for 2002
under §103 of the Internal Revenue Code of 1986 (the
"Code") has been allocated among various state and local
government issuers; and
WHEREAS, pursuant to Executive Order Number
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
GOVERNOR'S EXECUTIVE ORDERS 1235
Twenty-Seven, $112,500,000 of the Volume Cap for 2002
which had been allocated to the State of Delaware was
further sub-allocated between the Delaware Economic
Development Authority and the Delaware State Housing
Authority; and
WHEREAS, the allocation of Volume Cap in
Executive Order Number Twenty-Seven is subject to
modification by further Executive Order; and
WHEREAS, the State's Volume Cap for 2002 and
2003 is allocated among the various State and local
government issuers by 29 Del. C. §5091(a); and
WHEREAS, Kent County has reassigned $22,500,000
of its unallocated Volume Cap for 2002 to the State of
Delaware; and
WHEREAS, the Delaware Economic Development
Authority has $56,250,000 of Volume Cap for 2002,
previously allocated by Executive Order Number Twenty-
Seven; and
WHEREAS, pursuant to 29 Del. C. §5091(b), the
State's $114,525,000 Volume Cap for 2003 is to be suballocated
by the Governor between the Delaware State
Housing Authority and the Delaware Economic
Development Authority; and
WHEREAS, the Secretary of Finance recommends (i)
that the $22,500,000 unallocated Volume Cap for 2002
reassigned to the State of Delaware by Kent County be suballocated
to the Delaware State Housing Authority for carry
forward for use in future years; and (ii) that the $56,250,000
of Volume Cap for 2002 allocated to the Delaware
Economic Development Authority pursuant to Executive
Order Number Twenty-Seven be reallocated to the Delaware
State Housing Authority for carry forward for use in future
years; and (iii) that the State's Volume Cap for 2003 of
$114,525,000 be allocated equally between the Delaware
State Housing Authority and the Delaware Economic
Development Authority; and
WHEREAS, the Chairperson of the Delaware
Economic Development Authority and the Chairperson of
the Delaware State Housing Authority concur in the
recommendations of the Secretary of Finance.
NOW, THEREFORE, I, Ruth Ann Minner, by the
authority vested in me as Governor of the State of Delaware,
do hereby declare and order as follows:
1. The $22,500,000 of unallocated Volume Cap for
2002 that has been reassigned by Kent County to the State of
Delaware is hereby sub-allocated to the Delaware State
Housing Authority for carry forward use, in addition to the
$56,250,000 previously sub-allocated to the Delaware State
Housing Authority for 2002 under Executive Order Twenty-
Seven. Additionally, the $56,250,000 of Volume Cap for
2002 previously allocated to the Delaware Economic
Development Authority is allocated to the Delaware State
Housing Authority, providing the Delaware State Housing
Authority with a total carry forward amount of
$135,000,000.
2. The $114,525,000 allocation to the State of
Delaware of the 2003 Volume Cap is hereby sub-allocated:
$57,262,500 to the Delaware State Housing Authority and
$57,262,500 to the Delaware Economic Development
Authority.
3. The aforesaid sub-allocations have been made with
due regard to actions taken by other persons in reliance upon
previous sub-allocations to bond issuers.
Approved and adopted this 29th day of January 2003.
Ruth Ann Minner
Governor
Attest:
Harriet Smith Windsor
Secretary of State
STATE OF DELAWARE
EXECUTIVE DEPARTMENT
DOVER
EXECUTIVE ORDER
NUMBER THIRTY-SEVEN
RE: TERMINATING DROUGHT WARNING
WHEREAS, on March 5, 2002, I issued Executive
Order No. 29, declaring a statewide drought warning,
pursuant to Title 20, Delaware Code, Section 3116,
restricting certain non-essential uses of water by State
agencies, and further recommending voluntary conservation
measures to preserve limited water supply; and
WHEREAS, on August 2, 2002, due to the continued
severity of dry conditions, I issued Executive Order No. 32,
declaring a state of emergency and mandating water
conservation measures for northern New Castle County; and
WHEREAS, on October 11, 2002, I issued Executive
Order No. 34, terminating the previously-declared state of
emergency in northern New Castle County, and
discontinuing mandatory water conservation measures; and
WHEREAS, precipitation in the State of Delaware has
been significantly above normal for the months of October,
November, and December; and
WHEREAS, resulting stream flows and ground water
levels are now at normal to above normal levels; and
WHEREAS, the Drought Advisory Committee has
unanimously recommended that the drought warning be
rescinded,
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1236 GOVERNOR'S EXECUTIVE ORDERS
NOW, THEREFORE, I, RUTH ANN MINNER, by
virtue of the authority vested in me as the Governor of the
State of Delaware, DO HEREBY DECLARE AND ORDER
on this 29th day of January, 2003:
1. The drought warning implemented by Executive
Order No. 29, is terminated, effective immediately.
2. Citizens of the State are encouraged to continue to
maintain sound and practical water conservation measures,
and are commended for their efforts to reduce and control
water demand during the recent drought.
Ruth Ann Minner
Governor
Attest:
Harriet Smith Windsor
Secretary of State
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
GOVERNOR'S APPOINTMENTS 1237
BOARD/COMMISSION TERM OF
OFFICE APPOINTEE OFFICE
Advisory Council to the Division of Substance
Abuse and Mental Health
Appalachian States Low-Level Radioactive Waste
Commission
Architectural Accessibility Board
Atlantic States Marine Fisheries
Board of Cosmetology & Barbering
Board of Dental Examiners
Board of Examiners of Speech/Language Pathology,
Audiology & Hearing Aid Dispensers
Board of Funeral Services
Board of Medical Practice
Child Death Review Commission
Child Placement Review Board for Kent County
Mr. Gary A. Kresge 12/27/2005
The Honorable John A. Hughes, Commissioner Pleasure of the
Governor
Harry Otto, Ph.D, Alternate Commissioner Pleasure of the
Governor
Ms. Ada M. Stokes 1/3/2007
Timothy E. Targett, Ph.D. 1/16/2006
Ms. Veronica L. Hopkins 10/20/2003
Mr. William H. Daisey 12/27/2005
Mr. Frank Divita 1/3/2006
Mr. Gary J. Marencin 1/3/2006
Ms. Cynthia L. Parker 1/3/2006
Ms. Kelly Anne Pepper 1/7/2006
Ms. Rose L. Pritchett 1/7/2006
Ms. Mary E. Sherlock 12/27/2005
Garrett H. Colmorgen, Ph.D 1/3/2006
James J. Cosgrove, M.D. 1/3/2006
Mr. Allan J. Daul 1/3/2006
David A. Paul, M.D. 1/3/2006
Mr. David L. Miller 12/27/2005
Mr. Bruce K. Morris 12/27/2005
Ms. Jean J. Rothenburger 12/27/2005
Ms. Beverly S. Scott 12/27/2005
Committee on Disposition of Unmarked Human BurialsMr. Ronald A. Thomas 12/27/2003
Council on Apprenticeship and Training
Council on Development Finance
Council on Game and Fish
Council on Manufactured Housing
Mr. David S. Harris 1/8/2006
Mr. Steven Biener 5/6/2005
Mr. Garrett H. Arai 12/27/2005
Mr. J. Richard Berry 12/27/2005
Mr. David J. Healey 12/27/2005
Mr. Edward A. Montague 12/27/2005
Mr. Ted Palmer 12/27/2005
Ms. Verna Price 12/27/2005
Mr. John W. Stewart 12/27/2005
Mr. Kenneth S. Clark, Sr. 6/11/2004
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1238 GOVERNOR'S APPOINTMENTS
BOARD/COMMISSION TERM OF
OFFICE APPOINTEE OFFICE
Council on Real Estate Appraisers
Council on Services for Aging and Adults with
Physical Disabilities
Council on Transportation
Delaware Bicycle Council
Delaware Board of Nursing
Delaware Commission on Interstate Cooperation
Delaware Commission onVeterans Affairs
Delaware Energy Task Force
Delaware Heritage Commission
Delaware Nursing Home Residents Quality
Assurance Commission
Delaware River Basin Commission
Delaware State Arts Council
Delaware State University Board of Trustees
Diamond State Port Corporation Advisory Board
Judicial Nominating Commission
Pesticide Advisory Committee
Mr. Henry C. McCann 8/28/2004
Mr. Janet L. Nasko 6/11/2004
Ms. Charlotte W. Dixon 1/3/2006
Mr. J. Frank Perdue 1/3/2006
Mr. Aaron J. Deede 1/21/2006
Ms. Bonita M. Hitch 1/21/2006
Ms. Michele H. Jones 1/21/2006
Mr. Robert P. Hopkins 12/27/2005
Ms. Judith A. Jeffers 12/27/2005
Ms. Martha M. Hopkins 11/19/2004
Mr. Mark T. Brainard Pleasure of the
Governor
Mr. Paul V. Lardizzone 1/7/2006
Mr. David G. Bacher Pleasure of the
Governor
Ms. Cheyenne V. Luzader 12/27/2005
Mr. John W. Paradee 12/27/2005
Mr. Harvey B. Rubenstein 12/27/2005
Mr. Samuel Shipley 12/27/2005
Ms. Jean R. Smith 12/27/2005
William H. Williams, Ph.D. 12/27/2005
McKinley Wardlaw, Jr., Ph.D. 1/3/2006
The Honorable John A. Hughes Pleasure of the
Governor
Ms. Dawn M. Ellis 6/20/2003
Claibourne D. Smith, Ph.D. 1/17/2009
Mr. Paul R. Houck 1/15/2005
Ms. Mary A. Thomas 1/15/2005
Ms. Phyllis M. McKinley 12/27/2005
Mr. F. Michael Parkowski 12/27/2005
Mr. William H. Meredith 12/27/2005
Mr. David V. Morris 12/27/2005
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
GOVERNOR'S APPOINTMENTS 1239
BOARD/COMMISSION TERM OF
OFFICE APPOINTEE OFFICE
Pesticide Advisory Committee
Public Integrity Commission
State Board of Electrical Examiners
State Board of Plumbing Examiners
State Board of Registration for Land Surveyors
State Liaison Officer to the U.S. Nuclear Regulatory
Commission
Statewide Independent Living Council
Mr. Robert P. Mulrooney 12/27/2005
The Honorable Clifton H. Hubbard, Jr. 1/16/2010
Mr. Steven G. Dignan 1/21/2006
Mr. Donald M. King 1/23/2006
Mr. Richard A. Strouse 12/6/2004
Ms. Dess S. Stokes 8/25/2003
Ms. Lena M. Corder 1/3/2006
Mr. Russel Y. Dolbeare 5/12/2003
Mr. Michael J. Early 1/3/2006
Harry Otto, Ph.D. Pleasure of the
Governor
Ms. Cheryl A. Hampson 12/27/2005
Ms. Daniese McMullin-Powell 12/27/2005
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1240 GENERAL NOTICES
DEPARTMENT OF HEALTH AND
SOCIAL SERVICES
DIVISION OF SOCIAL SERVICES
State _Delaware____________ Fiscal Year _2003______
PART I - Implementation of All Eligibility Changes Made by the State Since FY 1995
Changes Required by Federal Law
# Eligibility Change Implementation
Date
Estimated Impact on
Caseload Since Change
(positive or negative
impact)
1 Parents/caretakers must work after 24 months of assistance March 1997 0
2 Teen parents must live in adult-supervised settings Prior to FY 1995 0
3 Deny assistance for 10 years for fraudulently misrepresenting
residence to obtain assistance in more than one State
March 1997 0
4 Deny assistance for fugitive felons, probation violators, or parole
violators
March 1997 0
5 Deny assistance for certain individuals convicted of drug-related
felonies
March 1997 0
6 Deny assistance to non-qualified aliens March 1997 -88
1 Fill-the-gap budgeting for earnings October 1995 +542
2 Increased resource limit October 1995 +274
None.
3 Contract of Mutual Responsibility sanctions October 1995 -548
4 Sanctions for noncompliance with employment and training
requirements
October 1995 -621
5 Work for your welfare requirement October 1995 -989
6 Time limit October 1995 -27
State-Implemented Changes
Changes Related to Income and Resources
Changes Related to Categorical or Demographic Eligibility Factors
Changes Related to Behavioral Requirements
Changes Due to Full-Family Sanctions
Other Eligibility Changes
Estimated Total Net Impact on the Caseload of All Eligibility Changes -1,458
Total Prior Year Caseload 5,584
Estimated Caseload Reduction Credit 39.8 percent (includes adjustment for
excess MOE)
State ___Delaware___________ Fiscal Year _2003______
PART II - Application Denials and Case Closures, By Reason
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
GENERAL NOTICES 1241
Fiscal Year 19951 Fiscal Year 2002
Reason for Application Denials Number Percentage Number Percentage
Failure to comply with procedural requirements 18 31.6 2,075 25.3
Income exceeds standards 15 26.3 3,460 42.2
Application withdrawn 14 24.6 0 0.0
No eligible child 0 0 1,542 18.8
Resources exceed limits 6 10.5 314 3.8
Not deprived of support or care 1 1.8 0 0.0
Ineligible alien 1 1.8 134 1.6
Other 2 3.5 672 8.2
1 Delaware's FY 1995 denial and closure numbers are based on
the State's quality control sample
Total Application Denials 57 100.1 8,197 100.0
Reasons for Case Closures Number Percentage Number Percentage
Failure to comply with procedural requirements 60 46.5 1,379 15.8
Earnings exceed standard of need 29 22.5 1,197 13.7
Voluntary withdrawal/recipient initiative 16 12.4 2,462 28.2
No longer eligible child 10 7.8 2,914 33.4
Moved or cannot locate 8 6.2 707 8.1
No longer deprived of support or care 3 2.3 0 0.0
Support increased from person inside or outside home 0 0 3 0.0
Resources exceed limits 0 0 60 0.8
Other cash income 2 1.6 0 0.0
Failure to comply with JOBS program requirements 0 0 0 0.0
Other 1 0.8 3 0
Total Case Closures 129 100.1 8,732 100.0
State ___Delaware___________Fiscal Year _2003______
Part III - Description of the Methodology Used to Calculate the Caseload Reduction Estimates
(attach supporting data to this form)
See attachment.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1242 GENERAL NOTICES
State __Delaware__________Fiscal Year _2003_____
PART IV -- Certification
I certify that we have provided the public an appropriate
opportunity to comment on the estimates and methodology
used to complete this report and considered those comments
in completing it. Further, I certify that this report
incorporates all reductions in the caseload resulting from
State eligibility changes and changes in Federal
requirements since Fiscal Year 1995. (A summary of public
comments is attached.)
_________________________________________
(signature)
________________________________________
(name)
________________________________________
(title)
Delaware TANF Caseload Reduction Credit Report for
FY 2003
Attachment 1 to Form ACF-202
Part III-Description of the Methodology Used to
Calculate the Caseload Reduction Estimates
A. Actual Caseload Reduction and Adjustment for
Excess MOE Funds
• Taking into account the pro rata reduction in the
FY2002 caseload due to excess MOE spending,
Delaware's average monthly TANF caseload
declined by 39.8 percent between FY 1995 and FY
2002. This caseload reduction number includes
child-only cases, as instructed in ACF guidance.
• The following table shows how the pro rata reduction
for excess MOE was calculated.
• Because Delaware served its two-parent caseload
under a separate state program in FY
2002, and because the State met its all-family
work participation rate requirement in FY
2002, the relevant spending floor is 75 percent
of the basic MOE amount.
• The pro rata reduction takes into account the
use of federal TANF funds. The pro rata
reduction is calculated as the State excess
MOE divided by the average cost per case,
where cost is the sum of State and federal
TANF funds.
• The end result is a pro rata reduction of 551
cases. This number is subtracted above from
the actual FY 2002 monthly average caseload
to yield the adjusted FY2002 caseload of
5,742.
Delaware AFDC/TANF Caseload for FY 95
and FY 02
FY 1995 monthly average caseload 10,775
FY 2001 monthly average caseload, actual
(= 5,469 TANF + 115 SSP families)
5,584
FY 2001 monthly average caseload, adjusted
for excess MOE spending
5,033
Caseload decline, FY1995 to FY 2002 (not
including the effect of eligibility changes)
5,742
Sources:FY1995 and FY2002 TANF
caseloads from ACF/OPRE; SSP caseload
from DE DSS
Pro Rata Reduction for Excess MOE
(a) DE FY1994 spending $29,028,092
(b) MOE (75% of (a)) $21,771,069
(c) DE FY2002 MOE spending $27,218,130
(d) Federal TANF block grant funds spent in FY2002 $27,980,170
(e) Total TANF spending for FY2002 $55,198,300 = (c) + (d)
(f) Average spending per case $9,885 = (e) / FY2002 caseload
= (e)/ (5,469 TANF + 115 SSP)
(g) Excess MOE for FY2002 $5,447,061 = (c) - (b)
(h) Cases funded by excess MOE 551 = (g) / (f)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
GENERAL NOTICES 1243
B. Changes Required by Federal Law
1. Parents/caretakers must work after 24 months
of assistance or when job-ready
• The estimated impact of this federal policy on Delaware's
caseload is 0, because the State's "work for
your welfare" requirement effectively supplants the
federal policy. The caseload impact of the State
policy is described below in Section C.5.
2. Teen parents must live in adult-supervised
settings to receive assistance
• The estimated impact of this federal policy since
FY 1995 is 0, because the policy has been codified
in the State manual for many years prior to FY
1995.
3. A State must deny assistance for 10 years to a
person found to have fraudulently misrepresented
residence in order to obtain assistance in more than one
State
• For fraudulently misrepresenting residence, Delaware
removes the adult's needs from the grant, but
allows children to receive assistance. Although the
policy denies individuals rather than cases, it is possible
that a case could be denied if removing an
adult's needs reduces the payment standard for a
case so that it is no longer greater than countable
income. Delaware's automated TANF eligibility
system is currently unable to identify such
instances, if any exist.
4. A State must deny assistance for fugitive felons,
probation violators, or parole violators
• For fugitive felons, probation violators, and parole
violators, Delaware removes the adult's needs from
the grant, but allows children to receive assistance.
Although the policy denies individuals rather than
cases, it is possible that a case could be denied if
removing an adult's needs reduces the payment
standard for a case so that it is no longer greater
than countable income. Delaware's automated
TANF eligibility system is currently unable to identify
such instances, if any exist.
5. A State must deny assistance for certain
individuals convicted of drug-related felonies
• For persons convicted of drug-related felonies, Delaware
removes the person's needs from the grant,
but allows children to receive assistance. Although
the policy denies individuals rather than cases, it is
possible that a case could be denied if removing an
adult's needs reduces the payment standard for a
case so that it is no longer greater than countable
income. Delaware's automated TANF eligibility
system is currently unable to identify such
instances, if any exist.
6. Non-qualified aliens are ineligible for Federal
TANF assistance
• The total number of cases denied as non-qualified
aliens since the federal policy took effect is 88.
This includes denials in FY1998, FY1999, FY
2000, FY2001 and FY2002.
• The count of denied non-qualified aliens was
adjusted to account for the fact that some of these
cases would have left TANF for other reasons (e.g.,
due to employment or marriage) before or during
FY2002 if they had not been denied as non-qualified
aliens. See Section D for a description of this
adjustment.
C. State-Implemented Changes
1. Fill-the-Gap Budgeting for Earnings
• The average monthly number of cases in FY2002
that were subject to fill-the-gap budgeting for earnings
is 542. This number is based on a monthly
query to the Delaware Client Information System
(DCIS) on all open cases with earnings. Cases
were counted as subject to fill-the-gap budgeting
for earnings in a month only if earnings minus
applicable disregards were above the payment standard
for the relevant family size.
2. Increased Resource Limit
• The average monthly number of cases open in
FY2002 because of the increased resource limits is
274. This number is based on a count of the number
of cases open in a month whose assets-cash
plus vehicle-were above the previous limits and
below the current limit.
• Some cases were subject to both the increased
resource limit and fill-the-gap budgeting for earnings.
To avoid such double-counting, the number
of cases open because of the increased resource
limit-274-excludes cases that were also open
due to fill-the-gap budgeting.
3. Sanctions for Noncompliance with Contract of
Mutual Responsibility (CMR) Provisions
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1244 GENERAL NOTICES
• The average monthly number of cases closed in
FY2002 because of CMR sanctions is 548. This
number is based on monthly cumulative counts of
cases closed due to CMR sanctions for FY 1996
through September 2002.
• The CMR sanction is a graduated fiscal sanction.
Sanctions for noncompliance are initially $50 and
increase by $50 every month until there is compliance,
or until the sanction amount exceeds the grant
amount. Cases are counted as closed due to CMR
sanctions only when the sanction amount exceeds
the grant amount.
• The CMR count was adjusted to account for the fact
that some of these cases would have left TANF for
other reasons (e.g., due to employment or marriage)
before or during FY2002 if they had not been
closed due to CMR sanctions. See Section D for a
description of this adjustment.
4. Sanctions for Noncompliance with Employment
and Training Requirements
• The average monthly number of cases closed in FY
2002 because of noncompliance with employment
and training (E&T) requirements is 621.
• The sanction for noncompliance with E&T requirements
is a 1/3 reduction of the grant amount for the
first occurrence, a 2/3 reduction for the second
occurrence, and permanent case closure for the
third occurrence. Cases are counted as closed due
to E&T sanctions only for the third occurrence.
• Because the E&T level 3 sanction is permanent, the
number of cases closed due to E&T sanctions as of
the beginning of FY2002 is a cumulative count of
all cases closed prior to FY2002. To this number
we add the average monthly number of cases closed
due to E&T sanctions during FY2002.
• The E&T sanction count was adjusted to account
for the fact that some of these cases would have left
TANF for other reasons (e.g., due to employment
or marriage) before or during FY2002 if they had
not been closed due to E&T sanctions. See Section
D for a description of this adjustment.
5. Work for Your Welfare Requirement
• The average monthly number of cases closed in FY
2002 because of noncompliance with the "Work for
Your Welfare" work requirement is 989.
• The workfare count was adjusted to account for the
fact that some of these cases would have leftTANF
for other reasons (e.g., due to employment or marriage)
before or during FY2002 if they had not been
closed due to noncompliance with the workfare
requirement. See Section D for a description of this
adjustment.
6. Time Limit
• Prior to January 2000, Delaware limited receipt of
Temporary Assistance to Needy Families (TANF) -
for families in the Time Limited Program-to 48
cumulative months, subject to compliance with
Contract of Mutual Responsibility and Work for
Your Welfare requirements.
• Effective January 1, 2000 the time limit for receipt
of TANF cash benefits is 36 cumulative months.
Individuals found eligible for TANF prior to January
1, 2000 will still have a 48 month time limit
even if they reapply for benefits after January 1,
2000.
• Thirteen (13) cases reached the four-year time limit
during FY 2002. No cases had reached the newer
three-year time limit by the end of FY 2002.
D. Impacts of Eligibility Changes: Adjusting for Cases
that Would Have Left TANF for Other Reasons
• As noted in ACF's guidance for submitting caseload
reduction credit information, "a State may
adjust its estimate of the impact of a change over
time to account for likely caseload decline that
would have occurred due to other factors, such as
earnings, not associated with any eligibility
change." A given cohort of TANF cases will leave
TANF over time, even absent sanctions and time
limits. Most research shows a monotonic decline
over time in the rate of TANF receipt for a given
cohort, even when recidivism is accounted for.
• We estimated the rate at which cases would have
left over time in the absence of eligibility changes
using TANF receipt rates for the control group
from the random assignment evaluation of the
State's ABC program. The control group is close to
an ideal counterfactual because control group members
were not subject to the eligibility changes. In
addition, the control group receipt rates are measured
taking into account recidivism.
• More specifically, we used TANF receipt rates for
control group cases that were ongoing at the point
of random assignment, because cases that are sanctioned
off or reach the time limit are ongoing cases
at the time they are sanctioned or reach the time
limit. Using TANF receipt rates for ongoing control
group cases is more conservative than using
TANF receipt rates for all control group cases,
because exit rates are lower for ongoing cases.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
GENERAL NOTICES 1245
• The TANF receipt rates for ongoing control group
cases show that:
• On average over the first year since random
assignment, 5.1 percent of cases left TANF;
• On average over the two years since random
assignment, 7.1 percent of cases left TANF;
• On average over the three years since random
assignment, 15.4 percent of cases left TANF;
• On average over the four years since random
assignment, 43.3 percent of cases left TANF;
• On average over the five years since random
assignment, 63.3 percent of cases left TANF;
• On average over the six years since random
assignment, 79.0 percent of cases left TANF;
and
• On average over the seven years since random
assignment, 88.7 percent of cases left TANF.
• These net exit rates were applied to the counts of
cases that closed due to eligibility changes to get
the adjusted number of cases closed due to eligibility
changes. For example, the average monthly
number of cases closed due to CMR sanctions in
FY1998 was 489. Using the control group net exit
rates, we assume that 63.3 percent of these cases
would have left for other reasons by the end of
FY2002, so the adjusted number of cases closed
due to CMR sanctions in FY 1998 was 179, which
is 489*(1 - .633). A similar adjustment was made
to cases closed due to sanctions during other years.
• This approach has two limitations. First, ongoing
control group cases became subject to welfare
reform policies on average during follow-up quarter
6 or 7. Even so, few or no control group cases
would have reached the "work for your welfare"
two-year time limit before another eight quarters,
meaning follow-up quarters 14 or 15. The second
limitation is that, at this point follow-up data are
available only through quarter 10. Consequently,
net exit rates were extrapolated for quarters 11
through 20, because the adjustment requires exit
rates for five full years.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1246 CALENDAR OF EVENTS/HEARING NOTICES
DEPARTMENT OF
ADMINISTRATIVE SERVICES
DIVISION OF FACILITIES MANAGEMENT
Public Notice
Regulations for the Annual Prequalification of
Contractors and Subcontractors
The Department of Administrative Services (DAS) has
drafted proposed Regulations for the Annual
Prequalification of Contractors and Subcontractors pursuant
to 29 Del.C. Section 6962(c)(5)(a). The proposed
regulations establish the mechanism and standards by which
the Department may assign classifications and maximum
dollar limits to contractors and subcontractors that apply for
annual prequalification pursuant to 29 Del.C. Section
6962(c). No existing or proposed regulations are affected by
the proposed regulations herein.
Invitation For Public Comment
A public hearing will be held as follows:
Tuesday, March 25, 2003, 10:00 AM
Department of Administrative Services
Division of Facilities Management
Thomas Collins Building, First Floor
540 South DuPont Highway
Dover, De 19901
For information and directions, please call Natalie
Curran at (302) 739-5644
Written comments on these proposed regulations should
be sent to:
Robert J. Furman
Division of Facilities Management
Thomas Collins Building
540 South DuPont Highway, Suite 1
Dover, DE 19901
Written comments will be accepted until the conclusion
of the public hearing on March 25th.
DIVISION OF PROFESSIONAL REGULATION
BOARD OF ELECTRICAL EXAMINERS
Public Notice
The Delaware Board of Electrical Examiners in
accordance with 24 Del.C. §1406(a)(1) has proposed
changes to its rules and regulations. The rules make it clear
that experience may be supported by a tax form W-2 only
when an affidavit by the supervisor or employer is not
available. In addition, the changes give inspection agencies
the responsibility for confirming that a person requesting an
inspection is licensed under the chapter or otherwise
permitted to perform the work to be inspected. The Division
of Professional Regulation will provide current lists of
licensees quarterly to the agencies to facilitate confirming
the status of a licensee. The rules also provide that an
inspection agency shall notify the Board of any violation,
and the Division of Professional Regulation will send the
notice of violation to the other inspection agencies and any
local building inspector having jurisdiction over the
structure.
A public hearing will be held at 9:00 a.m. on April 2,
2003 in the second floor conference room A of the Cannon
Building, 861 Silver Lake Boulevard, Dover, Delaware
where members of the public can offer comments. Anyone
wishing to receive a copy of the proposed rules and
regulations may obtain a copy from the Delaware Board of
Electrical Examiners, 861 Silver Lake Blvd, Cannon
Building, Suite 203, Dover DE 19904. Persons wishing to
submit written comments may forward these to the Board at
the above address. The final date to receive written
comments will be at the public hearing.
The Board will consider promulgating the proposed
regulations at its regularly scheduled meeting following the
public hearing.
DIVISION OF PROFESSIONAL REGULATION
COUNCIL ON REAL ESTATE APPRAISERS
Public Notice
The Delaware Council on Real Estate Appraisers has
proposed to revise provisions of its rules and regulations.
The proposal puts licensed trainees on the biennial renewal
cycle and specifies the continuing education requirements.
All licensees and certificate holders who have been licensed
more than 12 months must submit evidence of continuing
education for renewal. The requirement for the 7hr. USPAP
course will be implemented as required by the Appraisal
Subcommittee.
A public hearing will be held on April 15, 2003 at 10:00
in Conference Room A on the second floor of the Cannon
Building, 861 Silver Lake Boulevard, Dover, Delaware
19904 where members of the public can offer comments.
Anyone wishing to receive a copy of the Proposed rules and
regulations may obtain a copy from Dana Spruill,
Administrative Specialist, Division of Professional
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
CALENDAR OF EVENTS/HEARING NOTICES 1247
Regulation, 861 Silver Lake Blvd, Cannon Building, Suite
203, Dover, DE 19904. Individuals may submit written
comments at the above address. The final date for receipt of
written comments will be at the public hearing.
The Council will consider promulgating the proposed
rules and regulations at its regularly scheduled meeting
following the conclusion of the public hearing.
DEPARTMENT OF AGRICULTURE
HARNESS RACING COMMISSION
PLEASE TAKE NOTICE, that pursuant to 3 Del. C. §
10005 and 29 Del. C. § 10115, the Department proposes to
amend Rule 7.3.9 and Rule 7.6.6.3. The Commission will
accept written comments from March 1, 2003 through April
28, 2003. The Commission will hold a public hearing on the
proposed rule amendment on April 29, 2003 at 10:00 a.m. at
Harrington Raceway, Harrington, DE. Written comments
should be submitted to John Wayne, Administrator of
Racing, Delaware Harness Racing Commission, 2320 S.
DuPont Highway, Dover, DE 19901.
The Commission proposes to amend the Rules as
follows: 1) amend Rule 7.6.6.3 to delete the phrase "after
the recall point is passed"; and 2) amend Rule 7.3.9 to
provide a more detailed procedure for the cancellation of
races due to weather conditions.
DEPARTMENT OF AGRICULTURE
STANDARDBRED BREEDER'S FUND
Public Notice
Standardbred Breeder's Fund Regulations
The Department proposes these amendments to the
Standardbred Breeder's Fund Regulations pursuant to 29
Del. C. § 4815 (b) (3) b.2.D and 29 Del. C. § 8103 (8). Its
purpose in proposing these amendments is to comply with
Delaware Harness Racing Commission Rules, to make the
program language more specific under certain racing
conditions, to promote fairness, and to allow the races to be
contested within the normal racing card at Harrington
Raceway and Dover Downs.
These proposed amendments to the regulations will be
considered at a public hearing scheduled for Friday, March
7, 2003 at 1:00 P.M. at the Delaware Department of
Agriculture Building in Conference Room 1. Copies of the
proposed amendments may be obtained from Ms. Judy
Davis-Wilson, Director, Delaware Standardbred Breeder's
Fund by calling (302) 698-4610. Public comments may be
submitted in writing to Ms. Davis-Wilson on or before
March 7, 2003. Also, written submissions and/or oral
comments are welcomed at the public hearing. The
Delaware Department of Agriculture is located at 2320
South DuPont Highway, Dover, Delaware.
DEPARTMENT OF EDUCATION
The State Board of Education will hold its monthly
meeting on Thursday, March 21, 2003 at 1:00 p.m. in the
Townsend Building, Dover, Delaware.
DEPARTMENT OF HEALTH AND
SOCIAL SERVICES
DIVISION OF PUBLIC HEALTH
Public Notice
These proposed regulations, "Regulations Governing
Public Drinking Water Systems," will replace by revision the
current "Regulations Governing Public Drinking Water
Systems," previously adopted May 14, 1971 and most
recently amended May 10, 2002
Nature Of Proceedings
The Department is proposing to adopt new U.S.
Environmental Protection Agency (EPA) requirements for
public drinking water systems. The new requirements
include the Lead/Copper Rule Minor Revisions, the Filter
Backwash and Recycle Rule, the Radionuclides Rule and
additional requirements of the Arsenic Rule. The
Department is also setting proficiency testing requirements
for laboratories that conduct drinking water analyses for
public drinking water systems. The Department is requiring
that any major sanitary defects noted during sanitary surveys
must be corrected within 45 days. In addition, the
Department would like to take comment on how best to
establish regulatory limits for interim health effect levels for
unregulated contaminants.
Notice Of Public Hearing
The Office of Drinking Water, under the Division of
Public Health, Department of Health and Social Services
(DHSS), will hold a public hearing to discuss proposed
revisions to the "State of Delaware Regulations Governing
Public Drinking Water Systems." The public hearing will be
held on April 1, 2003 at 4:00 PM in the Emergency
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1248 CALENDAR OF EVENTS/HEARING NOTICES
Preparedness Training Center, Suite 4-g, Blue Hen
Corporate Center, 655 S. Bay Road, Dover, Delaware.
Copies of the proposed regulations are available for
review by calling the following location:
Office of Drinking Water
Blue Hen Corporate Center, Suite 203
655 Bay Road
Dover, DE 19901
Telephone: (302) 739-5410
Anyone wishing to present his or her oral comments at
this hearing should contact Mr. Edward Hallock at (302)
739-5410 by March 28, 2003. Anyone wishing to submit
written comments as a supplement to or in lieu of oral
testimony should submit such comments by April 4, 2003:
Dave Walton, Hearing Officer
Division of Public Health
PO Box 637
Dover, DE 19903
DIVISION OF PUBLIC HEALTH
Public Notice
These regulations, "State of Delaware Regulations
Governing Public Pools," replace by revision the current
"State of Delaware Regulations Governing Public Pools"
previously adopted on May 22, 1958 and most recently
amended April 22, 1997.
Nature Of Proceedings
The proposed changes in the "State of Delaware
Regulations Governing Public Pools" cover three main
areas. First, any pools that share the same recirculation/
filtration/disinfection system must have separate systems for
each pool within three years. Second, any pool that is a
maximum of four feet deep can be monitored by an attendant
instead of a lifeguard. Finally, an approved pool operator
must monitor all pools. This proposed change will require
that each pool facility have a copy of the Division of Public
Health certificate, issued to their approved operator,
available for viewing by representatives of the Division.
Also, the proposed changes include minor wording changes
for the purpose of clarification along with the deletion of
language that is either redundant or unnecessary.
Notice Of Public Hearing
The Health Systems Protection Section, Division of
Public Health of the Department of Health and Social
Services, will hold a public hearing to discuss the proposed
changes to the State of Delaware Regulations Governing
Public Pools. This public hearing will be held on March 28,
2003 at 1:30 PM in the 3rd floor conference room of the
Jesse Cooper Building, located on Federal and Water Streets,
Dover, Delaware.
Copies of the proposed revisions are available for
review by contacting:
Health Systems Protection Section
Jesse Cooper Building
417 Federal Street
Dover, Delaware 19901
Telephone: (302) 744-4546
Anyone wishing to present his or her oral comments at
this hearing should contact Mike Joyce at (302) 739-5410 by
close of business March 26, 2003. Anyone wishing to
submit written comments as a supplement to, on in lieu of,
oral testimony should submit such comments by close of
business March 31, 2003 to:
David Walton, Hearing Officer
Division of Public Health
P.O. Box 637
Dover, DE 19903-0637
DIVISION OF SOCIAL SERVICES
Public Notice
Transitional Medicaid Program
In compliance with the State's Administrative
Procedures Act (APA - Title 29, Chapter 101 of the
Delaware Code) and with 42CFR §447.205, and under the
authority of Title 31 of the Delaware Code, Chapter 5,
Section 107, Delaware Health and Social Services (DHSS) /
Division of Social Services / Medicaid/Medical Assistance
Program is proposing to amend the policy of the Transitional
Medicaid Program in the Division of Social Services Manual
(DSSM).
Any person who wishes to make written suggestions,
compilations of data, testimony, briefs or other written
materials concerning the proposed new regulations must
submit same to Sharon L. Summers, Policy and Program
Implementation Unit, Division of Social Services, P.O. Box
906, New Castle, Delaware by March 31, 2003.
The action concerning the determination of whether to
adopt the proposed regulation will be based upon the results
of Department and Division staff analysis and the
consideration of the comments and written materials filed by
other interested persons.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
CALENDAR OF EVENTS/HEARING NOTICES 1249
DEPARTMENT OF INSURANCE
Notice Of Public Hearing
Insurance Commissioner Donna Lee H. Williams
hereby gives notice that a public hearing will be held on
Wednesday, March 26, 2003, at 10:00 a.m. in the Hearing
Room of the Delaware Department of Insurance, 841 Silver
Lake Boulevard, Dover, Delaware. The hearing is to
consider amendments to Regulation 1310 (formerly
Regulation 80) relating to the Standards For Prompt, Fair
And Equitable Settlement Of Claims For Health Care
Services
The purpose for amending Regulation 1310 is to redefine
certain terms and to reduce the number of days in
which a health insurer may pay a clean claim from 45 to 30.
Additionally, the regulation will be re-numbered to conform
to the format required by the Registrar of Regulations. This
is a second hearing to consider amendments to the regulation
resulting from public comment on the regulation as
originally proposed.
The hearing will be conducted in accordance with the
Delaware Administrative Procedures Act, 29 Del. C.
Chapter 101. Comments are being solicited from any
interested party. Comments may be in writing or may be
presented orally at the Hearing. Written comments must be
received by the Department of Insurance no later than
Tuesday March 25, 2003, at 2:00 p.m. and should be
addressed to Deputy Attorney General Michael J. Rich,
Delaware Department of Insurance, 841 Silver Lake
Boulevard, Dover, DE 19904. Those wishing to testify or
give an oral statement must notify Michael J. Rich at (302)
739-4251, Ext. 171 no later than Tuesday, March 25, 2003.
DEPARTMENT OF LABOR
DIVISION OF INDUSTRIAL AFFAIRS
Clean Indoor Air Act Regulations
Notice of Public Comment
Interested parties are invited to present their views at the
public hearing which is scheduled as follows:
9:00 a.m., Monday, March 24, 2003
Division of Motor Vehicles
Second Floor Conference Room
Public Safety Building
303 Transportation Circle
Dover, DE 19901
Interested parties can obtain copies of the proposed
regulations at no charge by contacting the Office of Labor
Law Enforcement at:
4425 North Market Street
Wilmington DE 19802
or by telephone at (302) 761-8318.
DEPARTMENT OF NATURAL
RESOURCES AND
ENVIRONMENTAL CONTROL
DIVISION OF AIR AND WASTE MANAGEMENT
AIR QUALITY MANAGEMENT SECTION
SAN # 2003-01
TITLE OF THE REGULATION:
Regulation 38 - Emission Standards For Hazardous Air
Pollutants For Source Categories
BRIEF SYNOPSIS OF THE SUBJECT, SUBSTANCE
AND ISSUES:
In April 2002, the EPA promulgated an amendment to
the section 112(j) requirements in 40 CFR Part 63 Subpart B.
In May 2002, Air Quality Management Section
promulgated similar section 112(j) requirements. Soon after
EPA's promulgation, the Sierra Club sued EPA for several
reasons, but the primary issue was EPA's delaying the
submittal of the second of a two-part MACT application
until 24 month following the submittal of the Part 1 MACT
application, which was due on May 15, 2002.
On November 26, 2002, these parties settled that suit.
The settlement agreement requires EPA to revise the section
112(j) requirements, including the Part 2 MACT application
submittal date, and to have those agreed-upon revisions
finalized no later than April 27, 2003.
This proposed amendment would revise existing
Subpart B of Regulation 38 - EMISSION STANDARDS
FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE
CATEGORIES to reflect negotiated changes that the EPA
must implement as a result of the November 2002
settlement. The amendment to Subpart B proposes to revise
the Part 2 MACT application submittal dates and provides
new requirements for requesting applicability determinations
consistent with that settlement. In addition, several other
minor changes in language are proposed to improve clarity.
NOTICE OF PUBLIC COMMENT:
The public comment period for this proposed
amendment will extend through March 31, 2003. Interested
parties may submit comments in writing during this time
frame to: Jim Snead, Air Quality Management Section, 715
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
1250 CALENDAR OF EVENTS/HEARING NOTICES
Grantham Lane, New Castle, DE 19720, and/or statements
and testimony may be presented either orally or in writing at
the public hearing to be held on Monday, March 24, 2003
beginning at 6:00 PM in the DNREC Auditorium in the
Richardson and Robbins Building, located at 89 Kings
Highway, Dover, DE.
PREPARED BY:
James R. Snead (302) 323-4542 February 4, 2003
DIVISION OF AIR AND WASTE MANAGEMENT
AIR QUALITY MANAGEMENT SECTION
SAN # 2002-17
TITLE OF THE REGULATION:
Regulation 38 - "Emission Standards For Hazardous Air
Pollutants For Source Categories"
BRIEF SYNOPSIS OF THE SUBJECT, SUBSTANCE
AND ISSUES:
The Department is proposing to amend Regulation 38
by adopting by reference the National Emission Standards
for Hazardous Air Pollutants for Secondary Aluminum
Production found at 40 CFR Part 63 Subpart RRR.
Subpart RRR addresses the emissions of hazardous air
pollutants (HAPs) emitted by secondary aluminum
production facilities; establishes emission limitations and
work practice standards; and defines the compliance,
notification, monitoring, record keeping and reporting
requirements. Owners or operators of a facility which
performs one or more of the following processes may be
affected: scrap shredding, scrap drying/delacquering/
decoating, thermal chip drying, furnace operations (i.e.,
melting, holding, sweating, refining, fluxing, or alloying),
recovering aluminum from dross, inline fluxing, or dross
cooling.
NOTICE OF PUBLIC COMMENT:
The public comment period for this proposed
amendment will extend through March 31, 2003. Interested
parties may submit comments in writing during this time
frame to: Mark A. Prettyman, Air Quality Management
Section, 156 S. State St., Dover, DE 19901, and/or
statements and testimony may be presented either orally or
in writing at the public hearing to be held on Thursday,
March 27, 2003, beginning at 6:00 PM in the DNREC
auditorium at the Richardson and Robbins Building, 89
Kings Highway, Dover, DE.
PREPARED BY:
Mark A. Prettyman (302) 739-4791February 6, 2003
DIVISION OF FISH & WILDLIFE
SAN# 2003-4
TITLE OF THE REGULATIONS:
Tidal Finfish Regulation 7. Striped Bass Possession
Size Limit; Exceptions.
BRIEF SYNOPSIS OF THE SUBJECT, SUBSTANCE
AND ISSUES:
To comply with the recreational size limits, daily creel
or bag limits and seasons included in Amendment #6 to the
Interstate Fishery Management Plan for Striped Bass as
adopted by the Atlantic States Marine Fisheries Commission
on February 24, 2003, Delaware must select from among the
following options:
Option 1: Maintain existing minimum size limits, and
possession limits (one striped bass between 24 and 28 inches
total length and one greater than or equal to 28 inches total
length).
Option 2: Establish a new minimum size limit of 28
inches total length, and a two fish daily possession limit.
Option 3: Maintain existing size and possession limits
(one striped bass between 24 and 28 inches total length and
one greater than or equal to 28 inches total length) with a
closed season to be defined that is in compliance with
Amendment #6 of the Interstate Fishery Management Plan
for Striped Bass.
NOTICE OF PUBLIC COMMENT:
Individuals may present their opinions and evidence
and/or request additional information by contacting the
Fisheries Section, Division of Fish and Wildlife, 89 Kings
Highway, Dover, Delaware 19901, (302)739-3441. A public
hearing on this proposed amendment will be held at the
Department of Natural Resources and Environmental
Control Auditorium 89 Kings Highway, Dover DE at 7:30
PM on Friday March 21, 2003. The record will remain open
for written comments until 4:30 PM on March 31, 2003.
DIVISION OF FISH & WILDLIFE
SAN# 2002-25
TITLE OF THE REGULATIONS:
Tidal Finfish Regulation 10. WEAKFISH SIZE
LIMITS; POSSESSION LIMITS; SEASONS
BRIEF SYNOPSIS OF THE SUBJECT, SUBSTANCE
AND ISSUES:
To comply with the recreational size and possession
limits included in Amendment #4 to the Interstate Fishery
Management Plan for Weakfish as adopted by the Atlantic
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
CALENDAR OF EVENTS/HEARING NOTICES 1251
States Marine Fisheries Commission (ASMFC) at its annual
meeting held November 21, 2002, Delaware must select
from among the following minimum size and daily harvest
limit options for recreational fishermen: option 1) 7
weakfish/day at 12 inches, option 2) 8 at 13 inches, option 3)
9 at 14 inches or option 4) 10 weakfish at any minimum size
equal to or greater than 15 inches.
For commercial fishing, closure days shall be in effect
each year as in previous years as required in the ASMFC
Interstate Fishery Management Plan for Weakfish. On the
closure days it shall be unlawful to fish with any gill net or to
take and reduce to possession any weakfish from the
Delaware Bay or the Atlantic Ocean with any fishing
equipment other than hook and line: The closure dates shall
include the following: every weekend day (defined as 12:01
AM on Friday through midnight Sunday) in both May and
June, plus contiguous weekdays (defined as 12:01 AM
Monday through midnight Thursday) at the beginning of
May and the end of June, such that the total number of
closure days add up to 34 days. The exact dates of the
closures shall be distributed in advance to all holders of gill
net permits and published annually in the Delaware Fishing
Guide.
NOTICE OF PUBLIC COMMENT:
Individuals may present their opinions and evidence
and/or request additional information by writing, calling or
visiting the Fisheries Section, Division of Fish and Wildlife,
89 Kings Highway, Dover, Delaware 19901, (302)739-3441.
A public hearing on this proposed amendment will be held at
the Department of Natural Resources and Environmental
Control Auditorium 89 Kings Highway, Dover DE at 7:30
PM on Friday March 21, 2003. The record will remain open
for written comments until 4:30 PM on March 31, 2003.
DELAWARE RIVER BASIN
COMMISSION
25 STATE POLICE DRIVE
P.O. BOX 7360
WEST TRENTON, NJ 08628-0360
The Delaware River Basin Commission will meet on
Wednesday, March 19, 2003 in West Trenton, New Jersey.
For more information contact Pamela M. Bush, Commission
Secretary and Assistant General Council, at (609) 883-9500
ext. 203.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003
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DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 9, SATURDAY, MARCH 1, 2003