Delaware Register of Regulations Issue Date: November 1, 2006 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 October 15, Silver Lake Dover, Delaware 2006. INFORMATION ABOUT THE DELAWARE 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 The Delaware Register will publish any regulations that are proposed to be adopted, amended or repealed and any emergency regulations promulgated.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 • 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: 9 DE Reg. 1036-1040 (01/01/06) Refers to Volume 9, pages 1036-1040 of the Delaware Register issued on January 1, 2006. SUBSCRIPTION INFORMATION The cost of a yearly subscription (12 issues) for the Delaware Register of Regulations is $135.00. Single copies are available at a cost of $12.00 per issue, including postage. For more information contact the Division of Research at 302-744-4114 or 1-800-282-8545 in Delaware. CITIZEN PARTICIPATION IN THE REGULATORY PROCESS Delaware citizens and other interested parties may participate in the process by which administrative regulations are adopted, amended or repealed, and may initiate the process by which the validity and applicability of regulations is determined. Under 29 Del.C. §10115 whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title. The notice shall describe the nature of the proceedings including a brief synopsis of the subject, substance, issues, possible terms of the agency action, a reference to the legal authority of the agency to act, and reference to any other regulations that may be impacted or affected by the proposal, and shall state the manner in which persons may present their views; if in writing, of the place to which and the final date by which such views may be submitted; or if at a public hearing, the date, time and place of the hearing. If a public hearing is to be held, such public hearing shall not be scheduled less than 20 days following publication of notice of the proposal in the Register of Regulations. If a public hearing will be held on the proposal, notice of the time, date, place and a summary of the nature of the proposal shall also be published in at least 2 Delaware newspapers of general circulation. The notice shall also be mailed to all persons who have made timely written requests of the agency for advance notice of its regulation-making proceedings. INFORMATION ABOUT THE DELAWARE REGISTER OF 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. Any person aggrieved by and claiming the unlawfulness of any regulation may bring an action in the Court for declaratory relief. No action of an agency with respect to the making or consideration of a proposed adoption, amendment or repeal of a regulation shall be subject to review until final agency action on the proposal has been taken. When any regulation is the subject of an enforcement action in the Court, the lawfulness of such regulation may be reviewed by the Court as a defense in the action. Except as provided in the preceding section, no judicial review of a regulation is available unless a complaint therefor is filed in the Court within 30 days of the day the agency order with respect to the regulation was published in the Register of Regulations. CLOSING DATES AND ISSUE DATES FOR THE DELAWARE REGISTER OF REGULATIONS ISSUE DATE CLOSING DATE CLOSING TIME December 1 November 15 4:30 p.m. January 1 December 15 4:30 p.m. February 1 January 15 4:30 p.m. March 1 February 15 4:30 p.m. April 1 March 15 4:30 p.m. DIVISION OF RESEARCH STAFF Deborah A. Porter, Interim Supervisor; Kathleen Morris, Administrative Specialist I; Georgia Roman, Unit Operations Support Specialist; Jeffrey W. Hague, Registrar of Regulations; Steve Engebretsen, Assistant Registrar; Victoria Schultes, Administrative Specialist II; Lady Johnson, Administrative Specialist I; Rochelle Yerkes, Administrative Specialist II; Ruth Ann Melson, Legislative Librarian; Debbie Puzzo, Research Analyst; Judi Abbott, Administrative Specialist I; Alice W. Stark, Senior Legislative Attorney; Deborah J. Messina, Print Shop Supervisor; Don Sellers, Printer; Teresa Porter, Printer. TABLE OF CONTENTS Cumulative Tables.............................................................................................................................. ............ 768 PROPOSED DEPARTMENT OF EDUCATION Office of the Secretary 201 School Shared Decision Making Transition Planning Grants; 205 District Shared Decision .....Making Transition Planning Grants; 210 Approval of School Improvement Grants ....... ............ 773 247 Delaware Post Secondary Internship Program at The Washington Center (TWC) ..... for Internships and Academic Seminars ........................................................................ ............ 779 371 Certification Teacher of the Hearing Impaired ............................................................... ............ 781 372 Certification Administrative Support Personnel (Formerly Secretarial Personnel) ........ ............ 785 Professional Standards Board 1561 Standard Certificate Teacher Exceptional Children Special Education Elementary, Repeal ... 788 1562 Standard Certificate Teacher Exceptional Children Special Education Secondary ..... ............ 790 DEPARTMENT OF FINANCE Division of Revenue 301 Publication of Tax Information ....................................................................................... ............ 794 DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Medicaid and Medical Assistance Long Term Care Medicaid, DSSM 20330.4, Retirement Funds ........................................... ............ 795 Long Term Care Medicaid, DSSM 20330.4.1, Annuities ...................................................... ............ 798 DEPARTMENT OF INSURANCE 1501 Medicare Supplement Insurance Minimum Standards ...................................................... ............ 802 DEPARTMENT OF JUSTICE Division of Fraud and Consumer Protection Debt Management Services ................................................................................................. ............ 804 Identity Theft Passports........................................................................................................ ............ 811 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Division of Air and Waste Management 1124 Control of Volatile Organic Compound Emissions (Formerly Reg. No. 24), Section 46 .......... 813 DEPARTMENT OF STATE Division of Professional Regulation 2500 Board of Pharmacy, Section 9.0, Hospital Pharmacy .................................................. ............ 821 FINAL DEPARTMENT OF AGRICULTURE Delaware Lands Preservation Foundation 1301 Regulations Governing the Delaware Agricultural Forestlands Preservation Program ........... 825 Pesticides Section 601 Delaware Pesticide Rules and Regulations ................................................................... ............ 833 DEPARTMENT OF EDUCATION Office of the Secretary 290 Approval of Teacher Education Programs..................................................................... ............ 835 292 Post Secondary Institutions and Degree Granting Institutions of Higher Education ...... ............ 850 910 Delaware General Educational Development (GED) Endorsement .............................. ............ 862 DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Medicaid and Medical Assistance Title XXI Delaware Healthy Children State Program ............................................................ ............ 865 30000 Delaware Prescription Assistance Program .............................................................. ............ 866 TABLE OF CONTENTS DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Division of Air and Waste Management 1124 Control of Volatile Organic Compound Emissions (Formerly Reg. No. 24), Section 46 ........... 867 1141 Limiting Emissions of VOC from Consumer and Commercial Products ...................... ............ 868 Division of Water Resources 5102 Regulation Governing Beach Protection and the Use of Beaches .............................. ............ 870 DEPARTMENT OF STATE Division of Professional Regulation 3000 Board of Mental Health and Chemical Dependency Professionals, Section 6.0, ......Renewal of Licensure ..................................................................................................... ............ 871 3000 Board of Mental Health and Chemical Dependency Professionals, ......Sections 1.0 through 9.0 ................................................................................................ ............ 872 3300 Board of Veterinary Medicine ...................................................................................... ............ 884 3900 Board of Clinical Social Work Examiners..................................................................... ............ 886 DEPARTMENT OF TRANSPORTATION Division of Planning Development Related Improvements Requiring New Rights-of-Way ................................... ............ 892 GOVERNOR Executive Order No. 90, Establishing The Recycling Public Advisory Council .................................. ............ 903 Appointments...................................................................................................................................... ............ 905 GENERAL NOTICES DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Medicaid and Medical Assistance Temporary Assistance For Needy Families Program Work Verification Plan.............................. ............ 910 DEPARTMENT OF INSURANCE Domestic/Foreign Insurers Bulletin 21 ........................................................................................ ............ 910 Forms and Rates Bulletin 30 ....................................................................................................... ............ 911 CALENDAR OF EVENTS/HEARING NOTICES Department of Education Monthly Meeting ........................................................................................ ............ 913 Department of Finance, Division of Revenue, Public Notice ............................................................. ............ 913 Department of Health and Social Services, Division of Medicaid and Medical Assistance Notice of Public Comment Periods.............................................................................................. ............ 913 Department of Insurance, Notice of Public Comment Period............................................................. ............ 914 Department of Justice, Fraud and Consumer Protection Division, Notice of Public Hearings............ ............ 915 Department of Natural Resources and Environmental Control, Division of Air and Waste Management Notice of Public Hearing............................................................................................................... ............ 915 Department of State, Division of Professional Regulation, Notice of Public Hearing Board of Pharmacy ..................................................................................................................... ............ 916 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.). COUNCIL ON POLICE TRAINING Council on Police Training........................................................................................ ..... 10 DE Reg. 341 (Final) DELAWARE STATE FIRE PREVENTION COMMISSION 2006 Delaware State Fire Prevention Regulations................................................... ..... 10 DE Reg. 342 (Final) DEPARTMENT OF AGRICULTURE Delaware Agriculture Lands Preservation Foundation 1301 Regulations Governing the Delaware Agricultural Forestlands Preservation Program ...................................................................................................... ..... 10 DE Reg. 9 (Prop.) Delaware Forest Service 402 State Forest Regulations ............................................................................ ..... 10 DE Reg. 88 (Final) Harness Racing Commission 501 Harness Racing Rules and Regulations...................................................... ..... 10 DE Reg. 217 (Prop.) 10 DE Reg. 393 (Prop.) Nutrient Management Commission 1201 Nutrient Management Certification Regulations ...... ...... ....................... .....10 DE Reg. 411 (Prop.) 1203 Mandatory Nutrient Management Plan Reporting Implementation Regulations............................................................................................ ..... 10 DE Reg. 411 (Prop.) Pesticides Management 601 Pesticide Rules and Regulations................................................................. ..... 10 DE Reg. 236 (Prop.) Thoroughbred Racing Commission 1001 Thoroughbred Racing Rules and Regulations.......................................... ..... 10 DE Reg. 27 (Prop.) 10 DE Reg. 546 (Final) DEPARTMENT OF EDUCATION Office of the Secretary 101 Delaware Student Testing Program............................................................. ..... 10 DE Reg. 245 (Prop.) 10 DE Reg. 676 (Final) 103 Accountability for Schools, Districts and the State...................................... ..... 10 DE Reg. 89 (Final) 284 Licensure and Certification of Public Education Employees in the Departmment............................................................................................... ..... 10 DE Reg. 600 (Prop.) 314 Certification Administrative Principal or Assistant Principal Administrator of Adult and Adult Alternative Education ........................................................ ..... 10 DE Reg. 613 (Prop.) 320 Certification Adult Education Teacher ........................................................ ..... 10 DE Reg. 613 (Prop.) 398 Degree Granting Institutions of Higher Education ...................................... ..... 10 DE Reg. 417 (Prop.) 399 Approval of Teacher Education Programs ................................................. ..... 10 DE Reg. 428 (Prop.) 502 Alignment of Local School District Curricula to the State Content Standards... 10 DE Reg. 344 (Final) 503 Instructional Program Requirements .......................................................... .....10 DE Reg. 615 (Prop.) 505 High School Graduation Requirements and Diplomas................................ ..... 10 DE Reg. 30 (Prop.) 10 DE Reg. 547 (Final) 745 Criminal Background Check for Public School Related Employment.......... ..... 10 DE Reg. 253 (Prop.) 10 DE Reg. 684 (Final) 910 Delaware General Educational Development (GED) Endorsement .......... .....10 DE Reg. 442 (Prop.) 915 James H. Groves High School ................................................................... ..... 10 DE Reg. 617 (Prop.) CUMULATIVE TABLES 1103 Standards for School Bus Chassis and Bodies for Buses Placed in Production on or after January 1, 2007....................................................... ......10 DE Reg. 258 (Prop.) 10 DE Reg. 690 (Final) Professional Standards Board 1511 Issuance and Renewal of Continuing License.......................................... ......10 DE Reg. 97 (Final) 1521 Standard Certificate Agriculture Teacher.................................................. ......10 DE Reg. 100 (Final) 1522 Standard Certificate Business Education Teacher.................................... ......10 DE Reg. 100 (Final) 1525 Standard Certificate English Teacher........................................................ ......10 DE Reg. 100 (Final) 1526 Standard Certificate English to Speakers of Other Languages................. ......10 DE Reg. 34 (Prop.) 10 DE Reg. 208(Errata) 10 DE Reg. 388(Errata) 1527 Endorsement English to Speakers of Other Languages (ESOL) Teacher......10 DE Reg. 38 (Prop.) 1528 Standard Certificate World Language Teacher Comprehensive............... ......10 DE Reg. 100 (Final) 1534 Standard Certificate Mathematics Teacher Secondary............................. ......10 DE Reg. 100 (Final) 1537 Standard Certificate Bilingual Teacher K to 12 ........................................ ......10 DE Reg. 39 (Prop.) 10 DE Reg. 693 (Final) 1539 Standard Certificate Social Studies Teacher Secondary........................... ......10 DE Reg. 100 (Final) 1540 Standard Certificate Science Teacher Secondary.................................... ......10 DE Reg. 100 (Final) 1541 Standard Certificate Mathematics Teacher Middle Level.......................... ......10 DE Reg. 100 (Final) 1542 Standard Certificate Science Teacher Middle Level................................. ......10 DE Reg. 100 (Final) 1543 Standard Certificate Art Teacher Comprehensive..................................... ......10 DE Reg. 100 (Final) 1548 Standard Certificate Music Teacher Comprehensive................................ ......10 DE Reg. 100 (Final) 1551 Standard Certificate Physical Education Teacher Comprehensive........... ......10 DE Reg. 100 (Final) 1554 Standard Certificate Reading Specialist.................................................... ......10 DE Reg. 100 (Final) 1556 Standard Certificate Elementary Teacher (Grades K-6)........................... ......10 DE Reg. 100 (Final) 1558 Standard Certificate Bilingual Teacher (Spanish) Primary and Middle...... ......10 DE Reg. 44 (Prop.) 10 DE Reg. 695 (Final) 1570 Standard Certificate Early Childhood Teacher Special Education ........... ......10 DE Reg. 45 (Prop.) 10 DE Reg. 211(Errata) 10 DE Reg. 696 (Final) 1579 Standard Certificate Teacher of the Visually Impaired ...................................10 DE Reg. 623 (Prop.) DEPARTMENT OF FINANCE Division of Revenue Abandoned or Unclaimed Property Voluntary Disclosure Agreement and Audit Programs........................................................................................... ......10 DE Reg. 1502(Prop.) 10 DE Reg. 699 (Final) DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Long Term Care Residents Protection Nursing Home Survey Process.......................................................................... ......10 DE Reg. 6 (Emer.) Division of Medicaid and Medical Assistance Assisted Living Medicaid 1915(c) Waiver ......................................................... ......10 DE Reg. 56 (Prop.) Diamond State Health Plan 1115 Demonstration Waiver .................................. ......10 DE Reg. 55 (Prop.) 10 DE Reg. 549 (Final) DSSM: 3000 Delaware Prescription Assistance Program ...................................... ......10 DE Reg. 446 (Prop.) 20310 Long Term Care Medicaid ............................................................... ......10 DE Reg. 553 (Final) 20350.10, Long Term Care Medicaid, Exceptions to the Transfer of Assets ....10 DE Reg. 50 (Prop.) 10 DE Reg. 558 (Final) 20910.1 Long Term Care, Institutionalized Spouse ................................... ......10 DE Reg. 701 (Final) 20950 Initial Eligibility Determinations......................................................... ......10 DE Reg. 283 (Prop.) 10 DE Reg. 702 (Final) 20970 Fair Hearings.................................................................................... ......10 DE Reg. 283 (Prop.) 10 DE Reg. 702 (Final) CUMULATIVE TABLES 50100 Services Provided by the Chronic Renal Disease Program.............. ..... 10 DE Reg. 347 (Final) Title XIX Medicaid State Plan, Supplement 3 to Attachment 2.6-A, Pg. 1, Reasonable Limits on Amounts for Necessary Medical or Remedial Care not Covered Under Medicaid....................................................................... ..... 10 DE Reg. 52 (Prop.) 10 DE Reg. 703 (Final) Title XXI Delaware Healthy Children State Program ................................... .....10 DE Reg. 444 (Prop.) Division of Social Services DSSM: 3000 Temporary Assistance for Needy Families (TANF)............................. ..... 10 DE Reg. 286 (Prop.) 3001 Definitions........................................................................................... ..... 10 DE Reg. 283 (Prop.) 10 DE Reg. 706 (Final) 3006 TANF Employment and Training Program.......................................... ..... 10 DE Reg. 283 (Prop.) 10 DE Reg. 706 (Final) 3008 Eligibility of Certain Minors.................................................................. ..... 10 DE Reg. 283 (Prop.) .............................................................................................................. ..... 10 DE Reg. 706 (Final) 3012 School Attendance............................................................................. ..... 10 DE Reg. 283 (Prop.) .............................................................................................................. ..... 10 DE Reg. 706 (Final) 3031 Work for Your Welfare......................................................................... ..... 10 DE Reg. 283 (Prop.) .............................................................................................................. ..... 10 DE Reg. 706 (Final) 9013.1 Household Definition ....................................................................... .....10 DE Reg. 626 (Prop.) 9085 Reporting Changes ............................................................................ ..... 10 DE Reg. 57 (Prop.) 10 DE Reg. 560 (Final) 11000 Child Care Subsidy Program............................................................. ..... 10 DE Reg. 447 (Prop.) 10 DE Reg. 564 (Final) 15120 Financial Eligibility............................................................................. ..... 10 DE Reg. 143 (Final) 16230.1.2 Self-Employment Income............................................................ ..... 10 DE Reg. 143 (Final) 17300.3.2 Self-Employment Income............................................................ ..... 10 DE Reg. 143 (Final) 20210.16 Self Employment......................................................................... .....10 DE Reg. 143 (Final) 20620.2 Necessary Medical Care Expenses............................................... ..... 10 DE Reg. 52 (Prop.) 10 DE Reg. 703 (Final) 20995.1 Post-Eligibility Deductions.............................................................. ..... 10 DE Reg. 52 (Prop.) 10 DE Reg. 703 (Final) DEPARTMENT OF INSURANCE 504 Continuing Education for Insurance Agents, Brokers, Surplus Lines Brokers and Consultants ................................................................................................. ..... 10 DE Reg. 60 (Prop.) 10 DE Reg. 734 (Final) 610 Automobile Premium Consumer Comparison ................................................... ..... 10 DE Reg. 62 (Prop.) 10 DE Reg. 566 (Final) DEPARTMENT OF LABOR Division of Employment and Training 106 Apprenticeship and Training Regulations ................................................... .....10 DE Reg. 64 (Prop.) 10 DE Reg. 458 (Prop.) DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Office of the Secretary 106 Environmental Standards for Eligible Energy Resources............................ ..... 10 DE Reg. 350 (Final) Division of Air and Waste Management 1302 Regulations Governing Hazardous Waste................................................ ..... 10 DE Reg. 353 (Final) 1141 Limiting Emissions of VOC from Consumer and Commercial Products . ..... 10 DE Reg. 465 (Prop.) 1146 Electric Generating Unit (EGU) Multi-Pollutant Regulations..................... .....10 DE Reg. 508 (Prop.) Division of Fish and Wildlife 3200 Horseshoe Crabs (3203, 3207, 3210, 3211 and 3214; 3215)................... ..... 10 DE Reg. 519 (Porp.) CUMULATIVE TABLES 3536 Fish Pot Requirements (Formerly Tidal Finfish Reg. 24).......................... ...... 10 DE Reg. 629 (Prop.) 3700 Shellfish Regulations (3711, 3712 and 3755) .......................................... ......10 DE Reg. 522 (Prop.) Division of Soil and Water 5101 Sediment and Stormwater Regulations (Exempt from A.P.A.) ................. ......10 DE Reg. 735 (Final) Division of Water Resources 7402 Shellfish Sanitation Regulations.............................................................. ......10 DE Reg. 145 (Final) 7403 Total Maximum Daily Load (TMDL) for the Appoquinimink River Watershed, Delaware..................................................................................................... ......10 DE Reg. 524 (Prop.) 7416 Total Maximum Daily Loads (TMDLs) for the Army Creek Watershed, Delaware..................................................................................................... ......10 DE Reg. 305 (Prop.) 7420 Total Maximum Daily Loads (TMDLs) for the Dragon Run Creek Watershed, Delaware..................................................................................................... ......10 DE Reg. 305 (Prop.) 7424 Total Maximum Daily Loads (TMDLs) for the Red Lion Creek Watershed, Delaware..................................................................................................... ......10 DE Reg. 305 (Prop.) 7427 Total Maximum Daily Load (TMDL) for the Murderkill River Watershed, Delaware..................................................................................................... ......10 DE Reg. 524 (Prop.) 7428 Total Maximum Daily Load (TMDL) for the Inland Bays Drainage Basin .....10 DE Reg. 524 (Prop.) 7429 Total Maximum Daily Loads (TMDLs) for the Chesapeake Bay Drainage Basin .......................................................................................................... ......10 DE Reg. 524 (Prop.) DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES Division of Family Services 101 Day Care Centers....................................................................................... ......10 DE Reg. 308 (Prop.) DEPARTMENT OF STATE Division of Professional Regulation 500 Board of Podiatry........................................................................................ ......10 DE Reg. 309 (Prop.) 700 Board of Chiropractic................................................................................. ......10 DE Reg. 146 (Final) 1400 Board of Electrical Examiners .................................................................. ......10 DE Reg. 631 (Prop.) 1770 Respiratory Care Advisory Council........................................................... ......10 DE Reg. 354 (Final) 1800 Board of Plumbing Examiners ................................................................. ......10 DE Reg. 65 (Prop.) 2500 Board of Pharmacy................................................................................... ......10 DE Reg. 311 (Prop.) 2600 Examining Board of Physical Therapists.................................................. ......10 DE Reg. 318 (Prop.) 10 DE Reg. 741 (Final) 3000 Board of Professional Counselors of Mental Health and Chemical Dependency Professionals ........................................................................ ......10 DE Reg. 67 (Prop.) 3100 Delaware Board of Funeral Services ....................................................... ......10 DE Reg. 528 (Prop.) 3300 Board of Veterinary Medicine................................................................... ......10 DE Reg. 531 (Prop.) 3600 Board of Registration of Geologists......................................................... ......10 DE Reg. 68 (Prop.) 10 DE Reg. 567 (Final) 3900 Board of Clinical Social Work Examiners................................................. ......10 DE Reg. 323 (Prop.) 4400 Delaware Manufactured Home Installation Board.................................... ......10 DE Reg. 331 (Prop.) 10 DE Reg. 634 (Prop.) 5300 State Board of Massage and Bodywork ................................................... ......10 DE Reg. 71 (Prop.) 10 DE Reg. 575 (Final) Office of the State Bank Commissioner 1101 Election to be Treated for Tax Purposes as a "Subsidiary Corporation" of a DE Chartered Banking Organization or Trust Company, National Bank having its Principle Office in Delaware, or Out-of-State Bank that Operates Resulting Branch in Delaware .................................................................................... ......10 DE Reg. 643 (Prop.) 1109 Instructions for Calculation of Employment Tax Credits ........................... ......10 DE Reg. 643 (Prop.) 1113 Election by a Subsidiary Corporation of a Banking Organization or Trust Company to be Taxed in Accordance with Chapter 19 of Title 30 .............. ......10 DE Reg. 643 (Prop.) CUMULATIVE TABLES 1114 Alternative Franchise Tax .......................................................................... ..... 10 DE Reg. 643 (Prop.) Public Service Commission Regulation Docket No. 49, Creation of a Competitive Market for Retail Electric Supply Service ..................................................................... ..... 10 DE Reg. 664 (Prop.) Regulation Docket No. 50, Proposed Adoption of “Electric Service Reliability and Quality Standards” ...................................................................................... ..... 10 DE Reg. 74 (Prop.) 10 DE Reg. 576 (Final) Regulation Docket No. 56, Proposed Adoption of “Rules to Implement Renewable Energy Portfolio Standards”...................................................... ..... 10 DE Reg. 151 (Final) DEPARTMENT OF TRANSPORTATION Office of Motor Fuel Tax Administration 2401 Regulations for the Office of Retail Gasoline Sales.................................. ..... 10 DE Reg. 542 (Prop.) GOVERNOR’S OFFICE Executive Orders: Executive Order No. 87, Establishing The State Employees’ Charitable Campaign .................................................................................................... ..... 10 DE Reg. 158 Executive Order No. 88, Recognizing and Establishing the Delaware Science and Technology Council............................................................................... ..... 10 DE Reg. 366 Executive Order No. 89,Creating the Governor’s Consortium on Hispanic Issues . 10 DE Reg. 578 Appointments: .............................................................................................................. ..... 10 DE Reg. 368 PROPOSED REGULATIONS Symbol Key Arial 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 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. DEPARTMENT OF EDUCATION OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Section 122(d) (14 Del.C. §122(d)) 14 DE Admin. Code 201, 205 and 210 PUBLIC NOTICE Education Impact Analysis Pursuant To 14 Del.C. Section 122(d) 201 School Shared Decision Making Transition Planning Grants; 205 District Shared Decision Making Transition Planning Grants; 210 Approval of School Improvement Grants A. Type of Regulatory Action Required Amendment to Existing Regulation B. Synopsis of Subject Matter of the Regulation The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 201 School Shared Decision Making Transition Planning Grants, 205 District Shared Decision Making Transition Planning Grants, and 210 Approval of School Improvement Grants by combining them into a single regulation, 14 DE Admin. Code 202 District and School Shared Decision Making. C. Impact Criteria 1. Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulations address the shared decision making processes not student achievement. 2. Will the amended regulation help ensure that all students receive an equitable education? The amended regulations address the shared decision making processes not equitable education issues. 3. Will the amended regulation help to ensure that all students' health and safety are adequately protected? The amended regulations address the shared decision making processes not health and safety issue. 4. Will the amended regulation help to ensure that all students' legal rights are respected? The PROPOSED REGULATIONS amended regulations address the shared decision making processes not students' legal rights. 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? Amending the regulation will not place any unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels. 7. Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The decision making authority and accountability for addressing the subject to be regulated will remain in the same entity. 8. Will the amended regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The amended regulation will be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies. 9. Is there a less burdensome method for addressing the purpose of the regulation? There is no less burdensome method for addressing the purpose of these regulations. 10. What is the cost to the State and to the local school boards of compliance with the regulation? Amending these regulations will not increase anyone's cost. 201 School Shared Decision Making Transition Planning Grants 1.0 Requests for Planning Grants Requests for a school shared decision making transition planning grant shall be submitted via the local board of education to the Office of the Secretary of Education, Delaware Department of Education, 401 Federal Street, Suite 2, Dover, DE 19901-3639. Grant requests shall include the following information: 2.0 Report and Recommendations of the School Advisory Committee. A copy of the Report must be signed by a representative of each stakeholder group that participated in the process and should include the following information, indicating that the requirements of 14 Del.C. §804. have been met. 2.1 School Advisory Committee (list names and groups represented) 2.2 Listing of the structured conversations and a brief description of the activities 2.3 Brief description of how stakeholders made a good faith effort to communicate with their constituent groups 2.4 Recommendation to develop a school transition plan to implement shared decision-making 2.5 Process for establishing a school transition plan 2.6 Process for determining the composition and roles and responsibilities delegated to the School Transition Team 3.0 The School Transition Team (List Names and Groups Represented) 3.1 A description of the process for the School Transition Team to reach decisions and resolve conflicts. 4.0 Development of the School Improvement Plan Assurance that the school has committed to develop a school improvement plan including comprehensive school improvement goals tied to state and local academic performance standards and strategies to achieve these goals and including staff development for building the necessary capacities and skills to successfully implement shared decision-making and improve parental involvement. 5.0 Description of the Plan for Communication A description of the plan for communicating the results of the school improvement plan to the broader PROPOSED REGULATIONS school community for information and critical review. 6.0 Stakeholder Involvement A description of how the various stakeholder groups will formally express their opinion regarding the school transition plan prior to its adoption by the local board of education. 7.0 Stakeholders Signatures Signatures of each stakeholder group representative indicating the stakeholder's belief that the grant should be awarded to the school. Any stakeholder refusing to sign should explain why as part of the grant request. 8.0 Posting of the Plan Assurance that a copy of the Report and Recommendations is posted within the school for public review. 9.0 Signed Copy of the Report Assurance that each stakeholder signing the Report and Recommendations has received a copy of the signed report, as well as a copy of the grant request. 10.0Procedure to be Used by Interested Parties to Obtain a Copy of the School Grant Request 5 DE Reg. 1615 (2/1/02) 205 District Shared Decision Making Transition Planning Grants 1.0 District Planning Grant Process Requests for a district shared decision making transition planning grant shall be submitted to the Office of the Secretary of Education, Delaware Department of Education, 401 Federal Street, Suite 2, Dover, DE 199013639. Grant requests shall include the following information: 1.1 The Board Resolution endorsing both the concept of shared decision making and the Report and Recommendations of the District Advisory Committee. 1.2 A copy of the Report and Recommendations of the District Advisory Committee. The Report must be signed by a representative of each stakeholder group that participated in the process and should include the following information, indicating that the requirements of 14 Del.C. §802 have been met. 1.2.1 District Advisory Committee (list names and groups represented) 1.2.2 Listing of the structured conversations and a brief description of the activities 1.2.3 Brief description of how stakeholders made a good faith effort to communicate with their constituent groups 1.2.4 Recommendation to develop a district transition plan to implement shared decision- making 1.2.5 Process for establishing a district transition plan 1.2.6 Process for determining the composition and roles and responsibilities delegated to the District Transition Team 1.3 The District Transition Team (list names and groups represented). 1.4 A description of the process for the District Transition Team to reach decisions and resolve conflicts. 1.5 A description of the plan for communicating the results of the district transition plan to the broader school community for information and critical review. 1.6 Acknowledgment that within the district transition plan there must be a policy for supporting shared decision making activities from the local budget, including the school improvement planning process set forth in 14 Del.C. §806, and acknowledgment that funds must be specifically identified and made available for use by school committees. 1.7 A description of how the various stakeholder groups will formally express their opinion regarding the district transition plan prior to its adoption by the local board of education. 1.8 Signatures of each stakeholder group representative indicating the stakeholder's belief that the grant should be awarded to the district. Any stakeholder refusing to sign should explain why as part of the grant request. PROPOSED REGULATIONS 1.9 Assurance that a copy of the Report and Recommendations is posted within the district for public review. 1.10 Assurance that each stakeholder signing the Report and Recommendations has received a copy of the signed report, as well as a copy of the grant request. 1.11 Procedure to be used by interested parties to obtain a copy of the district grant request. 210 Approval of School Improvement Grants 1.0 School Improvement Grant Process A school that has an approved shared decision making transition plan as specified in 14 Del.C. §806, may apply for a school improvement implementation grant. To apply for a grant, the principal of the eligible school should submit a letter of request to the Office of the Secretary of Education, Delaware Department of Education, 401 Federal Street, Suite 2, Dover, DE 19901-3639. Requests shall include the following information: 1.1 Evidence that the local board of education has adopted the school’s transition plan; and 1.2 The school improvement plan containing the following components: 1.2.1 Comprehensive school improvement goals tied to state and local academic performance standards and strategies to achieve these and other goals identified by the school, including staff development and parental involvement; 1.2.2 A description of the rationale for the proposed governance structure, stating how and why the governance process should improve decision making and support continuous improvement in teaching and student learning; 1.2.3 Evidence of review by the broader school community with agreement that the school improvement plan is consistent with the school district plan and evidence that the local board of education has formally adopted the school’s improvement plan; 1.2.4 A proposed budget that explains the use of resources allocated to the school to support strategies for achieving the school improvement goals; 1.2.5 The structural changes or procedures for providing the necessary time and skill-building to support shared decision making and continuous improvement in teaching and student learning; 1.2.6 The assessment and evaluation process that the school will use to measure its progress toward achieving its stated goals; 1.2.7 A proposed timeline for phasing in the school improvement plan; and 1.2.8 A proposed budget for the use of the school improvement grant. 2.0 Continuing Applications A school with an approved application shall be eligible for a school improvement grant for the following (3) years as provided in the annual appropriations act. Subsequent applications may be made only after the review and evaluation of the school improvement plan required by 14 Del.C. §808 is completed and the results of such are included in the school’s application. 1 DE Reg. 1400 (3/1/98) 5 DE Reg. 1615 (2/1/02) 202 District and School Shared Decision Making 1.0 District Shared Decision Making Transition Planning Grant Process 1.1 Requests for a district shared decision making transition planning grant shall be submitted to the Office of the Secretary of Education, Delaware Department of Education, 401 Federal Street, Suite 2, Dover, DE 19901-3639. Grant requests shall include the following information: 1.1.1 The local board of education Resolution endorsing both the concept of shared decision making and the Report and Recommendations of the District Advisory Committee. See 14 Del.C. §802(b)(c). 1.2 A copy of the Report and Recommendations of the District Advisory Committee. The Report must be signed by a representative of each stakeholder group that participated in the process and should include the following information, indicating that the requirements of 14 Del.C. §802 have been met. 1.2.1 District Advisory Committee (list names and groups represented); PROPOSED REGULATIONS 1.2.2 Listing of the structured conversations and a brief description of the activities; 1.2.3 Brief description of how stakeholders made a good faith effort to communicate with their constituent groups; 1.2.4 Recommendation to develop a district transition plan to implement shared decision-making; 1.2.5 Process for establishing a district transition plan; and 1.2.6 Process for determining the composition and roles and responsibilities delegated to the District Transition Team. 1.3 The District Transition Team (list names and groups represented). 1.4 A description of the process for the District Transition Team to reach decisions and resolve conflicts. 1.5 A description of the plan for communicating the results of the district transition plan to the broader school community for information and critical review. 1.6 Acknowledgment that within the district transition plan there must be a policy for supporting shared decision making activities from the local budget, including the school improvement planning process set forth in 14 Del.C. §806, and acknowledgment that funds must be specifically identified and made available for use by school committees. 1.7 A description of how the various stakeholder groups will formally express their opinion regarding the district transition plan prior to its adoption by the local board of education. 1.8 Signatures of each stakeholder group representative indicating the stakeholder's belief that the grant should be awarded to the district. Any stakeholder refusing to sign should explain why as part of the grant request. 1.9 Assurance that a copy of the Report and Recommendations is posted within the district for public review. 1.10 Assurance that each stakeholder signing the Report and Recommendations has received a copy of the signed report, as well as a copy of the grant request. 1.11 Procedure to be used by interested parties to obtain a copy of the district grant request. 2.0 School Shared Decision Making Transition Planning Grant Process 2.1 Requests for a school shared decision making transition planning grant shall be submitted via the local board of education to the Office of the Secretary of Education, Delaware Department of Education, 401 Federal Street, Suite 2, Dover, DE 19901-3639. Grant requests shall include the following information: 2.1.1 Report and Recommendations of the School Advisory Committee: 2.1.1.1 A copy of the Report must be signed by a representative of each stakeholder group that participated in the process and should include the following information, indicating that the requirements of 14 Del.C. §804 have been met. 2.1.1.1.1 School Advisory Committee (list names and groups represented); 2.1.1.1.2 Listing of the structured conversations and a brief description of the activities; 2.1.1.1.3 Brief description of how stakeholders made a good faith effort to communicate with their constituent groups; 2.1.1.1.4 Recommendation to develop a school transition plan to implement shared decision-making; 2.1.1.1.5 Process for establishing a school transition plan; and 2.1.1.1.6 Process for determining the composition and roles and responsibilities delegated to the School Transition Team. 2.2 The School Transition Team (List Names and Groups Represented) 2.3 A description of the process for the School Transition Team to reach decisions and resolve conflicts. 2.4 Assurance that the school has committed to develop a school improvement plan including comprehensive school improvement goals tied to state and local academic performance standards and strategies to achieve these goals and including staff development for building the necessary capacities and skills to successfully implement shared decision-making and improve parental involvement. 2.5 A description of the plan for communicating the results of the school improvement plan to the PROPOSED REGULATIONS broader school community for information and critical review. 2.6 A description of how the various stakeholder groups will formally express their opinion regarding the school transition plan prior to its adoption by the local board of education. 2.7 Signatures of each stakeholder group representative indicating the stakeholder's belief that the grant should be awarded to the school. Any stakeholder refusing to sign should explain why as part of the grant request. 2.8 Assurance that a copy of the Report and Recommendations is posted within the school for public review. 2.9 Assurance that each stakeholder signing the Report and Recommendations has received a copy of the signed report, as well as a copy of the grant request. 2.10 Procedure to be used by interested parties to obtain a copy of the school grant request 3.0 Approval of School Improvement Grants 3.1 A school that has an approved shared decision making transition plan as specified in 14 Del.C. §806, may apply for a school improvement implementation grant. To apply for a grant, the principal of the eligible school should submit a letter of request to the Office of the Secretary of Education, Delaware Department of Education, 401 Federal Street, Suite 2, Dover, DE 19901-3639. Requests shall include the following information: 3.1.1 Evidence that the local board of education has adopted the school's transition plan; and 3.1.2 The school improvement plan containing the following components: 3.1.2.1 Comprehensive school improvement goals tied to state and local academic performance standards and strategies to achieve these and other goals identified by the school, including staff development and parental involvement; 3.1.2.2 A description of the rationale for the proposed governance structure, stating how and why the governance process should improve decision making and support continuous improvement in teaching and student learning; 3.1.2.3 Evidence of review by the broader school community with agreement that the school improvement plan is consistent with the school district plan and evidence that the local board of education has formally adopted the school's improvement plan; 3.1.2.4 A proposed budget that explains the use of resources allocated to the school to support strategies for achieving the school improvement goals; 3.1.2.5 The structural changes or procedures for providing the necessary time and skill-building to support shared decision making and continuous improvement in teaching and student learning; 3.1.2.6 The assessment and evaluation process that the school will use to measure its progress toward achieving its stated goals; 3.1.2.7 A proposed timeline for phasing in the school improvement plan; and 3.1.2.8 A proposed budget for the use of the school improvement grant. 3.2 A school with an approved application shall be eligible for a school improvement grant for the following (3) years as provided in the annual appropriations act. Subsequent applications may be made only after the review and evaluation of the school improvement plan required by 14 Del.C. §808 is completed and the results of such are included in the school's application. PROPOSED REGULATIONS OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Section 122(d) (14 Del.C. §122(d)) 14 DE Admin. Code 247 PUBLIC NOTICE Education Impact Analysis Pursuant To 14 Del.C. Section 122(d) 247 Delaware Post Secondary Internship Program at The Washington Center (TWC) for Internships and Academic Seminars A. Type of Regulatory Action Required New Regulation B. Synopsis of Subject Matter of the Regulation The Secretary of Education intends to adopt 14 DE Admin. Code 247 in order to define the terms and the procedures used for the operation of The Washington Center (TWC) for Internships and Academic Seminars internship program. C. Impact Criteria 1. Will the new regulation help improve student achievement as measured against state achievement standards? The new regulation addresses the procedures used for the operation of an internship programs not student achievement as measured against state achievement standards. 2. Will the new regulation help ensure that all students receive an equitable education? The new regulation addresses the procedures used for the operation of an internship programs not equitable education issues. 3. Will the new regulation help to ensure that all students' health and safety are adequately protected? The new regulation addresses the procedures used for the operation of an internship programs not health and safety issues. 4. Will the new regulation help to ensure that all students' legal rights are respected? The new regulation addresses the procedures used for the operation of an internship programs not students' legal rights. 5. Will the new regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The new regulation will preserve the necessary authority and flexibility of decision making at the universities involved in the program. 6. Will the new 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 on the universities involved. 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 with the universities involved with the program. 8. Will the new 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 new regulation will be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies. 9. Is there a less burdensome method for addressing the purpose of the regulation? The legislature required the Department of Education to make regulations concerning this program. 10. What is the cost to the State and to the local school boards of compliance with the regulation? The state legislature will appropriate the funds needed for the internship program. 247 Delaware Post Secondary Internship Program at The Washington Center (TWC) for Internships andAcademic Seminars The Washington Center (TWC) for Internships and Academic Seminars is an independent, nonprofit PROPOSED REGULATIONS educational organization founded in 1975. Its mission is to utilize the resources of the nation's capitol to provide participatory learning experiences in order to enhance students' academic, civic and professional development. The Washington Center (TWC) seeks to promote future leadership for public, private and nonprofit sectors of our society. The purpose of this regulation is to define the terms and the procedures used for the operation of this internship program. 1.0 Definitions: "Department" means the Delaware Department of Education "Financial Aid Package" means the identification of all of the costs to the student to participate in the internship program and all sources of funding to meet those costs. Funding sources may include scholarships, grants, tuition waivers, loans, family contributions and contributions from the Student Intern. "Grant" means funds that are applied against a student's cost of attending The Washington Center (TWC) for Internships and Academic Seminars program. These funds do not have to be reimbursed by the Student Intern. "Student Intern(s)" means a matriculated student at Delaware State University or the University of Delaware who has been selected by his or her respective University to participate in The Washington Center (TWC) for Internships and Academic Seminars program and is placed in a full time internship for one semester at The Washington Center (TWC) for Internships and Academic Seminars. "University" means the two universities participating in The Washington Center (TWC) for Internships and Academic Seminars program, Delaware State University and the University of Delaware. 2.0 Division of Funds Funds appropriated to the Department for the Washington Center (TWC) for Internships and Academic Seminars shall be divided evenly between Delaware State University and the University of Delaware for the purpose of providing Grants to Student Interns at The Washington Center (TWC) for Internships and Academic Seminars. The maximum Grant for a Student Intern shall be a one time grant of $5,000 per student for one semester, provided further that grant amounts per student may change based on the appropriation made by the General Assembly to fund this program. 3.0 Each University shall be responsible for the following: 3.1 Identifying a University liaison to The Washington Center (TWC) for Internships and Academic Seminars; 3.2 Establishing a selection process for the applicants; 3.3 Identifying all sources of financial aid for the Student Interns; and 3.4 Arranging for each Student Intern to receive between 12 and 16 credits for a successful term spent at the Washington Center (TWC) for Internships and Academic Seminars. 4.0 Submission of Financial Aid Packages Each University shall submit Financial Aid Packages for up to eight (8) applicants listed in priority order to the Department's Student Assistance Program by July 1 of each year; provided further that the number of applicants may change based on the appropriation made by the General Assembly to fund this program. 4.1 The Department's Student Assistance Program staff shall review the Financial Aid Packages and forward the approved Financial Aid Packages to the appropriate University for their selection of the four Student Interns. The number of Student Interns that may be selected to participate in this internship shall be based on 2.0 and 4.0 of this regulation. 4.2 If either University selects fewer than their allotted number of Student Interns for the program, the unused funds at that University shall be made available to the other University in order to provide for additional internships. 5.0 Annual Reports Required The Washington Center (TWC) for Internships and Academic Seminars shall provide annual reports to the Delaware Department of Education on the Student Intern program. PROPOSED REGULATIONS PROFESSIONAL STANDARDS BOARD Statutory Authority: 14 Delaware Code, Section 122(d) (14 Del.C. §122(d)) 14 DE Admin. Code 371 PUBLIC NOTICE Education Impact Analysis Pursuant To 14 Del.C. Section 122(d) 371 Certification Teacher of the Hearing Impaired A. Type of Regulatory Action Required Amendment to Existing Regulation B. Synopsis of Subject Matter of the Regulation The Professional Standards Board, acting in cooperation and collaboration with the Department of Education, seeks the consent of the State Board of Education to amend regulation 14 DE Admin. Code 371 Certification Teacher of the Hearing Impaired. The regulation concerns the requirements for certification of educational personnel, pursuant to 14 Del.C. §1220(a). It is necessary to amend this regulation to align it with changes in statute regarding licensure and certification of educators and to update the course requirements for the position. The regulation will be renumbered 1572 to reflect its movement to the Professional Standards Board section of the Department of Education regulations. It will be renamed Standard Certificate Teacher of the Deaf and Hard of Hearing to make it consistent with other regulations for standard certificates for educators. Working in collaboration with the former and current Directors of the Margaret S. Sterck Delaware School for the Deaf and the Licensure and Certification Criteria Committee, the new regulation was drafted and approved to be forwarded to the Professional Standards Board and the State Board of Education. This regulation sets forth the requirements for a Teacher of the Deaf and Hard of Hearing. C. Impact Criteria 1. Will the adopted regulation help improve student achievement as measured against state achievement standards? The adopted regulation addresses student achievement by establishing standards for the issuance of a standard certificate to educators who have 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 to help ensure that students are instructed by educators who are highly qualified. 2. Will the adopted regulation help ensure that all students receive an equitable education? The adopted regulation helps to ensure that all teachers employed to teach students meet high standards and have 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. 3. Will the adopted regulation help to ensure that all students' health and safety are adequately protected? The adopted regulation addresses educator certification, not students' health and safety. 4. Will the adopted regulation help to ensure that all students' legal rights are respected? The adopted regulation addresses educator certification, not students' legal rights. 5. Will the adopted regulation preserve the necessary authority and flexibility of decision makers at the local board and school level? The adopted regulation will preserve the necessary authority and flexibility of decision makers at the local board and school level. 6. Will the adopted regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The adopted 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 with the Department of Education, and with the consent of the State Board of Education. 8. Will the adopted regulation be consistent with and not an impediment to the implementation of PROPOSED REGULATIONS 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 adopted regulation will be consistent with, and not an impediment to, the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies. 9. Is there a less burdensome method for addressing the purpose of the amended regulation? 14 Del.C. requires that we promulgate this regulation. 10. What is the cost to the state and to the local school boards of compliance with the adopted regulation? There is no additional cost to local school boards for compliance with the regulation. 371 Certification Teacher of the Hearing Impaired July 1, 1993 1.0 Standard License The following shall be required for the Standard License. 1.1 Bachelor's or Master's degree in a teacher education program in the area of Hearing Impairment (Deaf Education) or, 1.2 Bachelor's degree with a minimum of 33 credit hours in the following: Methods of Teaching Reading to the Deaf Methods of Teaching Language to the Deaf (6 semester hours) Methods of Teaching Speech to the Deaf Aural Rehabilitation Audiology Psycho, Social and Educational Aspects of Deafness Survey and Introduction, Education of Exceptional Children Human Growth and Development Manual Communications, 6 semester hours in the area of special education, or proficiency as determined by an agency authorized by the Department of Education, and an additional 6 semester hours in the area of special education Methods of Teaching Multihandicapped Deaf Children Tests and Measurements for Exceptional Children and Adults 2.0 Limited Standard License 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 who has a Bachelor's degree but is no more than 12 semester hours from completion of the requirements in 1.2. 3.0 Licenses that may be issued for this position include Standard and Limited Standard 1572 Standard Certificate Teacher of the Deaf and Hard of Hearing 1.0 Content This regulation shall apply to the requirements for a standard certificate for Teacher of the Deaf and Hard of Hearing 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: "Certification" means the issuance of a certificate, which may occur regardless of a recipient's assignment or employment status. "Department" means the Delaware Department of Education. "Educator" means a person licensed and certified by the State under 14 Del.C. §1202 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Standards Board and approved by the State Board. The term 'educator' does not include substitute teachers. "Examination of Content Knowledge" means a standardized test which measures knowledge in a specific content area, such as PRAXIS™ II. "Fifteen (15) Credits or Their Equivalent in Professional Development" means college credits or an equivalent number of hours, with one (1) credit equating to fifteen (15) hours taken either as part of a degree PROPOSED REGULATIONS program or in addition to it, from a regionally accredited college or university or a professional development provider approved by the employing school district or charter school. "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. "License" means a credential which authorizes the holder to engage in the practice for which the license is issued. "Major or its Equivalent" means a minimum of thirty (30) semester hours of course work in a particular content area. "NASDTEC" means The National Association of State Directors of Teacher Education and Certification. The organization represents professional standards boards, commissions and departments of education in all 50 states, the District of Columbia, the Department of Defense Dependent Schools, the U.S. Territories, New Zealand, and British Columbia, which are responsible for the preparation, licensure, and discipline of educational personnel. "NCATE" means The National Council for Accreditation of Teacher Education, a national accrediting body for schools, colleges, and departments of education authorized by the U.S. Department of Education. "Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill 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. "Valid and Current License or Certificate from Another State" means a current full or permanent certificate or license issued by another state. It does not include temporary, emergency or expired certificates or licenses issued from another state. 3.0 Standard Certificate The Department shall issue a Standard Certificate as a Teacher of the Deaf and Hard of Hearing to an educator who holds a valid Delaware Initial, Continuing, or Advanced License; or a Limited Standard, Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 who has met the following requirements: 3.1 Acquired the prescribed knowledge, skill or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students by: 3.1.1 Obtaining National Board for Professional Teaching Standards certification in the area, subject, or category for which a Standard Certificate is requested; or 3.1.2 Meeting the requirements set forth in the relevant Department or Standards Board regulation governing the issuance of a Standard Certificate in the area for which a Standard Certificate is sought; or 3.1.3 Graduating from an NCATE specialty organization recognized educator preparation program or from a state approved educator preparation program, where the state approval body employed the appropriate NASDTEC or NCATE specialty organization standards, offered by a regionally accredited college or university, with a major or its equivalent in Deaf Education; or 3.1.4 Satisfactorily completing the Alternative Routes for Licensure and Certification Program, the Special Institute for Licensure and Certification, or such other alternative educator preparation programs as the Secretary may approve; or 3.1.5 Holding a master's degree in deaf education from a program approved by the Council for Education of the Deaf offered through a regionally accredited college or university; or 3.1.6 Holding a bachelor's degree from a regionally accredited college or university in any content area and for applicants applying after June 30, 2006 for their first standard certificate, satisfactory completion of fifteen (15) credits or their equivalent in professional development related to their area of certification, of which at least six (6) credits or their equivalent must focus on pedagogy, selected by the applicant with the approval of the employing school district or charter school which is submitted to the Department; and 3.2 For applicants applying after December 31, 2005, where a Praxis™ II examination in the area of the Standard Certificate requested is applicable and available, achieved a passing score as established by the Standards Board, in consultation with the Department and with the concurrence of the State Board, on the examination; or 3.3 Met the requirements for licensure and holding a valid and current license or certificate from another state as a Teacher of the Deaf and Hard of Hearing; 3.3.1 The Department shall not act on an application for certification if the applicant is under PROPOSED REGULATIONS official investigation by any state or local authority with the power to issue educator licenses or certifications, where the alleged conduct involves allegations of immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty or falsification of credentials, until the applicant provides evidence of the investigation's resolution; or 3.4 Met the requirements for a Meritorious New Teacher Candidate Designation adopted pursuant to 14 Del.C. §1203. 3.5 If additional criteria are imposed by a specific regulation in the area for which a Standard Certificate is sought, the additional requirements must also be met. 4.0 Multiple Certificates Educators may hold certificates in more than one area. 5.0 Application Requirements An applicant for a Standard Certificate shall submit: 5.1 Official transcripts; and 5.2 Official scores on the Praxis II examination if applicable and available; or 5.3 Evidence of passage of the National Board for Professional Teaching Standards Certificate, if applicable; or 5.4 An official copy of the out of state license or certification, if applicable. 5.5 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. 6.0 Application Procedures for License Holders If an applicant holds a valid Initial, Continuing, or Advanced Delaware License; or a Limited Standard, Standard or Professional Status Certificate issued prior to August 31, 2003 and is requesting additional Standard Certificates, only that documentation necessary to demonstrate acquisition of the prescribed knowledge, skill or education required for the additional Standard Certificate requested is required. 7.0 Effect of Regulation 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 August 31, 2003 shall be issued a Continuing License upon the expiration of their current Professional Status Certificate or Standard Certificate. The Standard Certificate for each area in which they held a Professional Status Certificate or a Standard Certificate shall be listed on the Continuing License or the Advanced License. The Department shall also recognize a Limited Standard Certificate issued prior to August 31, 2003, provided that the educator successfully completes the requirements set forth in the prescription letter received with the Limited Standard Certificate. Requirements must be completed by the expiration date of the Limited Standard Certificate, but in no case later than December 31, 2008. 8.0 Validity of a Standard Certificate 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 shall be revoked in the event the educator's Initial, Continuing, or Advanced License or Limited Standard, Standard, or Professional Status Certificate is revoked in accordance with 14 DE Admin. Code 1514. An educator whose license or certificate is revoked is entitled to a full and fair hearing before the Professional Standards Board. Hearings shall be conducted in accordance with the Standards Board's Hearing Procedures and Rules. 9.0 Secretary of Education Review The Secretary of Education may, upon the written request of the superintendent of a local school district or charter school administrator or other employing authority, review credentials submitted in application for a Standard Certificate on an individual basis and grant a Standard Certificate to an applicant who otherwise does not meet the requirements for a Standard Certificate, but whose effectiveness is documented by the local school district or charter school administrator or other employing authority. PROPOSED REGULATIONS PROFESSIONAL STANDARDS BOARD Statutory Authority: 14 Delaware Code, Section 122(d) (14 Del.C. §122(d)) 14 DE Admin. Code 372 PUBLIC NOTICE Education Impact Analysis Pursuant To 14 Del.C. Section 122(d) 372 Certification Administrative Support Personnel (Formerly Secretarial Personnel) A. Type of Regulatory Action Required Amendment to Existing Regulation B. Synopsis of Subject Matter of the Regulation The Secretary of Education intends to amend 14 DE Admin. Code 372 in order to clarify the language of the regulation and to remove the requirement that support staff take the state budget and accounting course in order to receive a pay supplement. Sections 3.0 and 4.0 have been added to address the application procedures and denial of the certificate. The title has been changed to Support Personnel Salary Supplements for Additional Training and the number of the regulation has been changed from 372 to 750 placing it in the 700 section of the Administrative Code. C. Impact Criteria 1. Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation addresses salary supplements for support staff not student achievement as measured against state achievement standards. 2. Will the amended regulation help ensure that all students receive an equitable education? The amended regulation addresses salary supplements for support staff 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 salary supplements for support staff not student health and safety issues. 4. Will the amended regulation help to ensure that all students' legal rights are respected? The amended regulation addresses salary supplements for support staff not students' legal rights. 5. Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The amended regulation will preserve the necessary authority and flexibility of decision making at the local board and school level. 6. Will the amended regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The amended regulation will not place any unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels. 7. Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The decision making authority and accountability for addressing the subject to be regulated will remain in the same entity. 8. Will the amended regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The amended regulation will be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies. 9. Is there a less burdensome method for addressing the purpose of the regulation? There is no less burdensome method for addressing the purpose of the regulation. 10. What is the cost to the State and to the local school boards of compliance with the regulation? There is the no additional cost to the State and to the local school boards for compliance with the regulation. 9. Is there a less burdensome method for addressing the purpose of the amended regulation? 14 PROPOSED REGULATIONS Del.C. requires that we promulgate this regulation. 10. What is the cost to the state and to the local school boards of compliance with the adopted regulation? There is no additional cost to local school boards for compliance with the regulation. 372 Certification Administrative Support Personnel (Formerly Secretarial Personnel) July 1, 1993 1.0 Standard License Requirements The following shall be required for the Standard License as referenced in Section 1309(b), Title 14, Delaware Code, and is required for additional salary as provided by that section and referred to as "Senior Secretary; Certified Secretary; and Bachelor's Degree Secretary", in both Section 1309(b) and the 1974 Specific Requirements for Certification. 1.1 Administrative Support Personnel, Level I (formerly Senior Secretary) 1.1.1 The completion of any one of the three options below will allow the individual to hold this License. 1.1.2 High school graduation or certificate of equivalency and successful completion of sixty semester hours of college level course work from a regionally accredited college program in professional office training or accounting, etc.; and demonstrated proficiency in business skills or, 1.1.3 Successful completion of all six parts of the examination for Certified Professional Secretaries administered by the Professional Secretaries International (PSI) or, 1.1.4 Successful completion of the Associate Professional Certificate Option 1 or 2, as administered by the National Association of Educational Office Professionals, Professional Standards Program (PSP). 1.2 Administrative Support Personnel, Level II (formerly Certified Secretary) The completion of Sequence 1 or 2 below will allow the individual to hold this License. 1.2.1 Sequence 1: 1.2.1.1 High School graduate or certification of equivalency and, 1.2.1.2 Associate's degree in Business, Professional Office Training or, Accounting from a regionally accredited college and, 1.2.1.3 Demonstrated proficiency in business skills and, 1.2.1.4 Completion of the Delaware approved inservice course for State Budget Accounting and, 1.2.1.5 A Minimum of five years successful experience as an office professional or, 1.2.2 Sequence 2: 1.2.2.1 High School graduate or certification of equivalency; and 1.2.2.2 Successful completion of the Associate Professional Certificate from the Professional Standards Program (PSP), options 1 or 2, as administered by the National Association of Educational Office Professionals or, successful completion of all six parts of the examination for Certified Professional Secretaries administered by the Professional Secretaries International (PSI) and, 1.2.2.3 Twelve additional semester hours which shall include business theory courses, business computer applications and, 1.2.2.4 Completion of the Delaware approved inservice course for State Budget Accounting and, 1.2.2.5 A minimum of five years of successful experience as an office professional. 1.3 Administrative Support Personnel, Bachelor's Degree (formerly Bachelor's Degree Secretary) 1.3.1 Bachelor's degree from a regionally accredited College and, 1.3.2 Demonstrated proficiency in business skills and, 1.3.3 Completion of the Delaware approved inservice course for State Budget Accounting. 2.0 The license that may be issued for this position is the Standard License PROPOSED REGULATIONS 750 Support Personnel Salary Supplements for Additional Training 1.0 Definitions: "Certificate" means a document issued by the Department of Education that verifies completion of the additional training required for a Level I, Level II or Bachelor's degree status for support personnel. "Department" means the Delaware Department of Education. "Secretary" means the Secretary of the Delaware Department of Education. "Support Personnel" means an administrative secretary, financial secretary, senior secretary, secretary or clerk employed by a school district, charter school or by the Department of Education. 2.0 Supplements for Additional Training An administrative secretary, financial secretary, senior secretary, secretary or clerk shall receive as salary the amount that the employee qualifies for under 14 Del.C. §1308 plus an annual amount for additional training as defined in 14 Del.C. §1309(b). The following shall be the requirements for the salary supplements defined in 14 Del.C. §1309(b): 2.1 Professional Secretary Certificate, Level I Salary Supplement Qualifications 2.1.1 Hold a high school diploma or certificate of equivalency; and 2.1.1.1 Complete sixty (60) semester hours of course work from a regionally accredited post secondary institution in professional office training, accounting or other related areas; or 2.1.1.2 Pass all six parts of the Examination for Certified Professional Secretaries administered by the Professional Secretaries International (PSI); or 2.1.1.3 Pass the National Association of Educational Office Professionals, Professional Standards Program (PSP), Certificate Level, Option 1 or Option II. 2.2 Certified Secretary Certificate, Level II Salary Supplement Qualifications 2.2.1 Hold a high school diploma or certificate of equivalency; and 2.2.1.1 Complete an associate degree in business, professional office training or, accounting from a regionally accredited post secondary institution and have a minimum of five years successful experience as an office professional; or 2.2.1.2 Pass all six parts of the Examination for Certified Professional Secretaries administered by the Professional Secretaries International (PSI), complete twelve (12) semester hours of course work from a regionally accredited post secondary institution in professional office training, accounting or other related area and have a minimum of five years successful experience as an office professional; or 2.2.1.3 Pass the Associate Professional Certificate from the Professional Standards Program (PSP), Options I or II, as administered by the National Association of Educational Office Professionals, complete twelve (12) semester hours of course work from a regionally accredited post secondary institution in professional office training, accounting or other related area and have a minimum of five years successful experience as an office professional. 2.3 Bachelor's Degree Certificate, Level III Salary Supplement Qualifications 2.3.1 An individual shall hold a Bachelor's degree from a regionally accredited College. 3.0 Requirements for a Certificate The Department shall issue Certificates to Support Personnel in local school districts, charter schools and in the Department of Education who have met the requirements for additional training in 2.1, 2.2 or 2.3. 4.0 Application Procedures 4.1 Applicants for a Certificate for additional training shall submit to the Department the appropriate evidence required to meet the requirements for the type of Certificate requested in 2.1, 2.2 and 2.3 as described in 4.1.1 through 4.1.3. 4.1.1 Official transcripts forwarded directly from the issuing institution or by the applicant in an unopened, unaltered envelope. 4.1.2 Evidence of passing scores on the Examination for Certified Professional Secretaries administered by the Professional Secretaries International (PSI) or passing scores on the Associate Professional Certificate from the Professional Standards Program (PSP), Options 1 or 2, as administered by the National Association of Educational Office Professionals. PROPOSED REGULATIONS 4.1.3 Documentation of years of experience if appropriate. 5.0 Denial of Certificate An applicant may be denied a Certificate for an additional training suplement upon a finding that the applicant has failed to meet the requirements set forth herein or is found to have made a materially false or misleading statement on his or her application or supporting materials. 5.1 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 Secretary or his or her designee within 10 days of the receipt of the notice of denial. The Secretary's decision shall be final. PROFESSIONAL STANDARDS BOARD Statutory Authority: 14 Delaware Code, Section 1220 (14 Del.C. §1220) 14 DE Admin. Code 1561 PUBLIC NOTICE 1561 Standard Certificate Teacher Exceptional Children Special Education Elementary A. Type of Regulatory Action Requested Repeal B. Synopsis of Subject Matter of Regulation The Professional Standards Board, acting in cooperation and collaboration with the Department of Education, seeks the approval of the State Board of Education to repeal 14 DE Admin. Code 1561. The regulation concerns the requirements for certification of educational personnel, pursuant to 14 Del.C. §1220(a). The content of the regulation has been subsumed into amended regulation 1562 Standard Certificate Exceptional Children Special Education Teacher K to 12. The PRAXIS™ II test in this content area is comprehensive in nature, addressing grades kindergarten through 12. 1561 Standard Certificate Teacher Exceptional Children Special Education Elementary 1.0 Content This regulation shall apply to the requirements for a Standard Certificate, pursuant to 14 Del.C. §1220(a), for Teacher Exceptional Children Special Education Elementary (Grades 1 to 8). 7 DE Reg. 775 (12/1/03) 2.0 Definitions 2.1 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. "License" means a credential which authorizes the holder to engage in the practice for which the license is issued. "Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill, or education to practice in a particular area, teach a particular subject, or teach a category of students. 7 DE Reg. 775 (12/1/03) 3.0 Standard Certificate PROPOSED REGULATIONS In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as a Teacher Exceptional Children Special Education Elementary to an applicant who holds a valid Delaware Initial, Continuing, or Advanced License; or Standard or Professional Status Certificate issued by the Department prior to August 31, 2003, and who meets the following requirements: 3.1 A Bachelor's degree from a regionally accredited college or university and, 3.2 Professional Education 3.2.1 Completion of a teacher education program in the area of Standard Certificate sought or, 3.2.2 A minimum of 42 semester hours as follows: 3.2.2.1 Twenty four semester hours required core courses for all Exceptional Teaching Licenses 3.2.2.1.1 Methods in Elementary Reading 3.2.2.1.2 Methods in Elementary Mathematics 3.2.2.1.3 Classroom Management 3.2.2.1.4 Introduction to Education of Exceptional Children 3.2.2.1.5 Child Growth and Development 3.2.2.1.6 Applied Behavior Analysis 3.2.2.1.7 Student Teaching with Exceptional Children Grades 1 to 8 (6 semester hours) and, 3.2.2.2 Eighteen semester hours for Mildly and Moderately Disabled and Physically Impaired (PI): 3.2.2.2.1 Language Development 3.2.2.2.2 Methods and Curriculum in area(s) of endorsement (elementary based) 3.2.2.2.3 Diagnosis, Assessment and IEP Development for Exceptionalities 3.2.2.2.4 Assistive Technology (Mildly and Moderately Disabled) Assistive Technology for Physically Impaired (PI) 3.2.2.2.5 Diagnosis and Correction of Reading Disabilities 3.2.2.2.6 One three semester hour elective from the following: Consultation, Social Skills Training, Counseling Techniques, Research Theories of Exceptional Children, Current Issues in Special Education and Multicultural Issues Education. 3.2.2.3 Eighteen semester hours for Visually Impaired 3.2.2.3.1 Anatomy and Physiology of the Eye 3.2.2.3.2 Braille and Nemeth Code (preferably including instruction in Braille) 3.2.2.3.3 Orientation and Mobility for the Teacher of the Visually Impaired 3.2.2.3.4 Education for the Visually Impaired (Adapting Materials and Methods) 3.2.2.3.5 Assistive Technology 3.2.2.3.6 Diagnosis, Assessment and IEP Development 7 DE Reg. 775 (12/1/03) 4.0 Effective Date This regulation shall be effective through June 30, 2006 only. Applicants who apply for a Standard Certificate as a Teacher Exceptional Children Special Education Elementary after that date must comply with the requirements set forth in 14 Del.C. §1516. 7 DE Reg. 775 (12/1/03) PROPOSED REGULATIONS PROFESSIONAL STANDARDS BOARD Statutory Authority: 14 Delaware Code, Section 122(d) (14 Del.C. §122(d)) 14 DE Admin. Code 1562 PUBLIC NOTICE Education Impact Analysis Pursuant To 14 Del.C. Section 122(d) 1562 Standard Certificate Teacher Exceptional Children Special Education Secondary A. Type of Regulatory Action Required Amendment to Existing Regulation B. Synopsis of Subject Matter of the Regulation The Professional Standards Board, acting in cooperation and collaboration with the Department of Education, seeks the consent of the State Board of Education to amend 14 DE Admin. Code 1562 Standard Certificate Teacher Exceptional Children Special Education Secondary. It will be renamed 1562 Standard Certificate Exceptional Children Special Education Teacher K to 12. The regulation concerns the requirements for certification of educational personnel, pursuant to 14 Del.C. §1220(a). It is necessary to amend this regulation to align it with changes in statute. The passage of PRAXIS TM II, a test of content knowledge, is now required, where applicable and available, in addition to academic preparation, for the issuance of a Standard Certificate. The grade configuration of the certificate is being changed from 7 to 12 to K to 12 to align it with the required PRAXIS TM II test. Working in collaboration with the Department of Education staff and the Licensure and Certification Criteria Committee, the new regulation was drafted and approved to be forwarded to the Professional Standards Board and the State Board of Education. This regulation sets forth the requirements for an Exceptional Children Special Education Teacher K to 12. C. Impact Criteria 1. Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation addresses student achievement by establishing standards for the issuance of a standard certificate to educators who have 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 to help ensure that students are instructed by educators who are highly qualified. 2. Will the amended regulation help ensure that all students receive an equitable education? The amended regulation helps to ensure that all teachers employed to teach students meet high standards and have 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. 3. Will the amended regulation help to ensure that all students' health and safety are adequately protected? The amended regulation addresses educator certification, not students' health and safety. 4. Will the amended regulation help to ensure that all students' legal rights are respected? The amended regulation addresses educator certification, not students' legal rights. 5. Will the amended regulation preserve the necessary authority and flexibility of decision-makers at the local board and school level? The amended 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 amended 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 with the Department of Education, and with the consent of the State Board of Education. PROPOSED REGULATIONS 8. Will the amended regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The amended regulation will be consistent with, and not an impediment to, the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies. 9. Is there a less burdensome method for addressing the purpose of the amended regulation? 14 Del.C. requires that we promulgate 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 additional cost to local school boards for compliance with the regulation. 1562 Standard Certificate Teacher Exceptional Children Special Education Secondary Teacher K to 12 1.0 Content This regulation shall apply to the requirements for a standard certificate, pursuant to 14 Del.C. §1220(a), for Teacher Exceptional Children Special Education Secondary (Grades 7 to 12) Teacher K to 12. 2.0 Definitions The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: "Certification" means the issuance of a certificate, which may occur regardless of a recipient's assignment or employment status. "Department" means the Delaware Department of Education. "Educator" means a person licensed and certified by the State under 14 Del.C. §1202 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Standards Board approved by the State Board. The term 'educator' does not include substitute teachers. "Examination of Content Knowledge" means a standardized test which measures knowledge in a specific content area, such as PRAXIS™ II. "Fifteen (15) Credits or Their Equivalent in Professional Development" means college credits or an equivalent number of hours, with one (1) credit equating fifteen (15) hours, taken either as part of a degree program or in addition to it, from a regionally accredited college or university of a professional development provided approved by the employing school district or charter school. "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. "License" means a credential which authorizes the holder to engage in the practice for which the license is used. "Major or Its Equivalent" means a minimum of thirty (30) semester hours of course work in a particular content area. "NASDTEC" means The National Association of State Directors of Teacher Education and Certification. The organization represents professional standards boards, commissions and departments of education in all 50 states, the District of Columbia, the Department of Defense Dependent Schools, the U.S. Territories, New Zealand, and British Columbia, which are responsible for the preparation, licensure, and discipline of educational personnel. "NCATE" means The National Council for Accreditation of Teacher Education, a national accrediting body for schools, colleges, and departments of education authorized by the U.S. Department of Education. "Standard certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill, 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. "Valid and Current License or Certificate from Another State" means a current full or permanent certificate or license issued by another state. It does not include temporary, emergency or expired certificates or licenses issued from another state. PROPOSED REGULATIONS 3.0 Standard Certificate In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as a Teacher Exceptional Children Special Education Secondary to an applicant who holds a valid Delaware Initial, Continuing, or Advanced License; or Standard or Professional status certificate issued by the Department prior to August 31, 2003, and who meets the following requirements: 3.1 A Bachelor's degree from a regionally accredited college or university and, 3.2 Professional Education 3.2.1 Completion of a teacher education program in the area of the standard certificate sought or, 3.2.2 A minimum of 42 semester hours as follows: 3.2.2.1 Twenty four semester hours required core courses for all Exceptional Teaching Licenses 3.2.2.1.1 Methods in Reading 3.2.2.1.2 Methods in Mathematics 3.2.2.1.3 Classroom Management 3.2.2.1.4 Introduction to Education of Exceptional Children 3.2.2.1.5 Adolescent Psychology and Development 3.2.2.1.6 Applied Behavior Analysis 3.2.2.2 Eighteen semester hours for Mildly and Moderately Disabled and Physically Impaired (PI): 3.2.2.2.1 Issues in Secondary Transition and Vocational Education 3.2.2.2.2 Methods and Curriculum in area(s) of endorsement (secondary based) 3.2.2.2.3 Diagnosis, Assessment, and IEP Development for Exceptionalities 3.2.2.2.4 Assistive Technology (Mildly and Moderately Disabled) Assistive Technology for Physically Impaired (PI) 3.2.2.2.5 Six semester hours from the following: Consultation, Social Skills Training, Diagnosis and Correction of Reading Disabilities, Counseling Techniques, Research and Theories of Exceptional Children, Current Issues in Special Education and Multicultural Issues in Education. 3.2.2.3 Eighteen semester hours for Visually Impaired 3.2.2.3.1 Anatomy and Physiology of the Eye 3.2.2.3.2 Braille and Nemeth Code (preferably including instruction in Braille) 3.2.2.3.3 Orientation and Mobility for the Teacher of the Visually Impaired 3.2.2.3.4 Education for the Visually Impaired (Adapting Materials/Methods) 3.2.2.3.5 Assistive Technology 3.2.2.3.6 Diagnosis, Assessment, and IEP Development 3.0 Standard Certificate The Department shall issue a Standard Certificate as Exceptional Children Special Education Teacher K to 12 to an educator who holds a valid Delaware Initial, Continuing, or Advanced License; or a Limited Standard, Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 who has met the following requirements: 3.1 Acquired the prescribed knowledge, skill or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students by: 3.1.1 Obtaining National Board for Professional Teaching Standards certification in the area, subject, or category for which a Standard Certificate is requested; or 3.1.2 Graduating from an NCATE specialty organization recognized educator preparation program or from a state approved educator preparation program, where the state approval body employed the appropriate NASDTEC or NCATE specialty organization standards, offered by a regionally accredited college or university, with a major or its equivalent in Exceptional Children Special Education; or 3.1.3 Satisfactorily completing the Alternative Routes for Licensure and Certification Program, the Special Institute for Licensure and Certification, or such other alternative educator PROPOSED REGULATIONS preparation programs as the Secretary may approve; or 3.1.4 Holding a bachelor's degree from a regionally accredited college or university in any content area and for applicants applying after June 30, 2006 for their first Standard Certificate, satisfactory completion of fifteen (15) credits or their equivalent in professional development related to their area of certification, of which at least six (6) credits or their equivalent must focus on pedagogy, selected by the applicant with the approval of the employing school district or charter school which is submitted to the Department, and 3.1.4.1 A minimum of twenty-one (21) graduate or undergraduate credits in special education from a regionally accredited college or university, as more specifically set forth in 3.1.4.1.1 through 3.1.4.1.7. With approval of a Committee comprised of the candidate's principal or other designated school administrator, a higher education representative who teaches one of the approved courses, and a DOE representative, other verifiable professional experiences may be substituted for no more than nine (9) of the required credits. 3.1.4.1.1 Behavioral Assessment and Management; 3.1.4.1.2 Diagnosis and Correction of Reading Disabilities; 3.1.4.1.3 Assistive Technology; 3.1.4.1.4 Diagnosis/Assessment/IEP Development; 3.1.4.1.5 Issues in Secondary Transition and Career and Technical Education; 3.1.4.1.6 Consultation Techniques and Collaboration Strategies, or Families and Developmental Disabilities; 3.1.4.1.7 Instructional Methods in Elementary/Middle School Special Education, or Instructional Methods in Secondary Special Education; and 3.2 For applicants applying after December 31, 2005, where a Praxis™ II examination in the area of the Standard Certificate requested is applicable and available, achieved a passing score as established by the Standards Board, in consultation with the Department and with the concurrence of the State Board, on the examination; or 3.3 Met the requirements for licensure and holding a valid and current license or certificate from another state in Teacher Exceptional Children Special Education; 3.3.1 The Department shall not act on an application for certification if the applicant is under official investigation by any state or local authority with the power to issue educator licenses or certifications, where the alleged conduct involves allegations of immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty or falsification of credentials, until the applicant provides evidence of the investigation's resolution; or 3.4 Met the requirements for a Meritorious New Teacher Candidate Designation adopted pursuant to 14 Del.C. §1203. 4.0 Effective Date This regulation shall be effective through June 30, 2006 only. Applicants who apply for a standard certificate as a teacher exceptional children special education secondary after that date must comply with the requirements set forth in 14 DE Admin. Code 1516. 7 DE Reg. 775 (12/1/03) 4.0 Multiple Certificates Educators may hold certificates in more than one area. 5.0 Application Requirements An applicant for a Standard Certificate shall submit: 5.1 Official transcripts; and 5.2 Official scores on the Praxis™ II examination if applicable and available; or 5.3 Evidence of passage of the National Board for Professional Teaching Standards Certificate, if applicable; or 5.4 An official copy of the out of state license or certification, if applicable. 5.5 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. PROPOSED REGULATIONS 6.0 Application Procedures for License Holders If an applicant holds a valid Initial, Continuing, or Advanced Delaware License; or a Limited Standard, Standard or Professional Status Certificate issued prior to August 31, 2003 and is requesting additional Standard Certificates, only that documentation necessary to demonstrate acquisition of the prescribed knowledge, skill or education required for the additional Standard Certificate requested is required. 7.0 Effect of Regulation 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 August 31, 2003 shall be issued a Continuing License upon the expiration of their current Professional Status Certificate or Standard Certificate. The Standard Certificate for each area in which they held a Professional Status Certificate or a Standard Certificate shall be listed on the Continuing License or the Advanced License. The Department shall also recognize a Limited Standard Certificate issued prior to August 31, 2003, provided that the educator successfully completes the requirements set forth in the prescription letter received with the Limited Standard Certificate. Requirements must be completed by the expiration date of the Limited Standard Certificate, but in no case later than December 31, 2008. 8.0 Validity of a Standard Certificate 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 shall be revoked in the event the educator's Initial, Continuing, or Advanced License or Limited Standard, Standard, or Professional Status Certificate is revoked in accordance with 14 DE Admin. Code 1514. An educator whose license or certificate is revoked is entitled to a full and fair hearing before the Professional Standards Board. Hearings shall be conducted in accordance with the Standards Board's Hearing Procedures and Rules. 9.0 Secretary of Education Review The Secretary of Education may, upon the written request of the superintendent of a local school district or charter school administrator or other employing authority, review credentials submitted in application for a Standard Certificate on an individual basis and grant a Standard Certificate to an applicant who otherwise does not meet the requirements for a Standard Certificate, but whose effectiveness is documented by the local school district or charter school administrator or other employing authority. DEPARTMENT OF FINANCE DIVISION OF REVENUE Statutory Authority: 30 Delaware Code, Section 354 (30 Del.C. §354) PUBLIC NOTICE 301 Publication of Tax Information SUBJECT: “PUBLICATION OF TAX INFORMATION” 30 Del.C. § 359(b). A NEW ENACTMENT OF THE 143RD GENERAL ASSEMBLY DATED: October 5, 2006 AUTHORITY: This regulation is promulgated pursuant to the authority given the Secretary of Finance, State of Delaware (the Department) in section 354 of Title 30 of the Delaware Code as well as section (8) of the new act. Questions have arisen about the application and interplay between sections (b)(2)and (b)(4) of the act as they relate to the publication of names when in the case of entities other than natural persons the Department is PROPOSED REGULATIONS contemplating publishing the names of 25% owners, beneficial owners, or responsible officers of such entities. Particularly, the Department has been asked if the word “taxpayer” appearing in the first line of section (b)(2) and in section (b)(4) means only “the entities other than natural persons” referred to in last part of section (b)(2) or whether the word “taxpayer” as used in section (b)(2) includes those individual 25% owners, beneficial owners or responsible officers of the entities whose names the Department intends to publish? REGULATION: The Department interprets the word “taxpayer” appearing in sections (b)(2) and (4) to include within its scope those individual 25% owners, beneficial owners and responsible officers of entities other than natural persons. Therefore, before one of their names can be published the liability against the individual owner, beneficial owner or responsible officer must be reduced to judgment. DISCUSSION: The general intent of the act taken as a whole is to coerce the payment of existing tax liabilities. The specific command of subsection (b)(4) and the plain meaning of the words therein is that before a taxpayer’s name can be published the liability must be reduced to judgment. This requirement we understand to be a precaution to insure that the taxpayer is aware of his personal responsibility for a liability that has become fixed, liquidated and final. Section (b)(4) goes on to require notice of the judgment be given to the taxpayer and in the section’s own words to the same class of persons who can be named under (b)(2) to wit: owners, beneficial owners, and responsible officers. As the two sections use identical words we are compelled to conclude that the General Assembly intended them to mean the same thing and to require the same safe guards be complied with before the name of an entity’s owner, beneficial owner or responsible officer is published in the coercive manner contemplated. Questions or comments about this regulation may be directed to Deputy Director Colleen Yegla at c.yegla@state.de.us or by phone to (302) 577-8680. The deadline for receipt of public comments is November 30, 2006. DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF MEDICAID AND MEDICAL ASSISTANCE Statutory Authority: 31 Delaware Code, Ch. 5, Section 512 (31 Del.C. §512) PUBLIC NOTICE Long Term Care Medicaid – Retirement Funds In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend a rule in the Division of Social Services Manual (DSSM) used to determine eligibility for medical assistance. 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 Development Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to 302-255-4425 (new fax number) by November 30, 2006. 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. PROPOSED REGULATIONS SUMMARY OF PROPOSED CHANGE Statutory Authority 20 CFR §416.1202, Deeming of Resources Summary of Proposed Change The purpose of this amendment is to provide guidance on when and how to count pension plans such as IRAs for the purposes of determining eligibility for Long Term Care Medicaid. This guidance is based on (1) Social Security Policy Brief No. 2006-01, dated March 2006 and, (2) POMS SI 01330.120. Key points of amended DSSM 20330.4 include: • Defined Contribution Plans will be counted as a resource in the eligibility process. • Defined Benefit Plans will be excluded as a resource until the recipient achieves a certain predetermined age. At that point, the funds become a countable resource. • Neither Defined Contribution nor Defined Benefit Plans owned by an ineligible spouse are a countable resource. (Break in Continuity of Sections) 20330 Countable Resources Computation 20330.1 Vehicles Vehicles are defined as automobiles, boats, travel trailers, motorcycles etc. The current market value of a vehicle is the average price that it will sell for (based on year, make, model and condition) on the open market in a certain geographic area. Current market value can be determined by using the NADA book (trade in value) or a written appraisal from a disinterested, knowledgeable source. One vehicle may be excluded under Section 20310.5. Only one vehicle may be excluded for a married couple. If NO vehicle is excluded per Section 20310.5, up to $4650 of the CMV of ONE vehicle is excluded. If the CMV exceeds $4650, the excess counts as a resource, unless the vehicle can be excluded under some other provision (i.e., co-owner refuses to sell). It is unlikely the $4650 exclusion will be used. This is because most vehicles are used for either a medical problem or for essential daily activities and can be excluded per Section 20310.5 . Any vehicle an individual owns in addition to the vehicle that was totally or partly excluded (up to $4650), is a resource in the amount of its equity value. The equity value is the CMV minus amount owed on the vehicle. The exclusion is applied in the manner most advantageous to the individual. If one of two vehicles can be excluded as necessary for medical treatment, the exclusion is applied to the vehicle with the greater equity value regardless of which vehicle is used to obtain medical treatment. 20330.2 Financial Institutions Accounts Financial institution accounts which include savings accounts, checking accounts, certificates of deposit, etc., are an individual's resource if the individual owns the account and can use the funds for his or her support and maintenance. We determine whether an individual owns the account and can access the funds by looking at how the account is titled. If an individual is designated as sole owner by the account title, all of the funds are that individual's resource unless legal restrictions preclude the owner from using the funds for his or her support and maintenance. We do not provide an opportunity for the owner of an individually-held account to rebut the presumption of 100% ownership. If the account is in the name of a Medicaid applicant/recipient and another Medicaid applicant/recipient, assume all account funds belong to each individual in equal shares. If the account is in the name of a Medicaid applicant/recipient and another individual who is not applying for Medicaid or who is not a Medicaid recipient, then assume all of the funds belong to the Medicaid applicant/recipient. If the applicant or recipient disagrees with the ownership presumption on jointly-held accounts, we give the individual the opportunity to rebut the presumption. Rebuttal is a procedure which permits an individual to furnish evidence and establish that some or all of the funds in a jointly-held account do not belong to him or her. Obtain the individual's statement on a form containing the penalty clause regarding who owns the funds, why there is a joint account, who has made deposits to and withdrawals from the account, and how withdrawals have been spent. PROPOSED REGULATIONS Inform the individual that he or she must submit the following evidence within 30 days: • a corroborating statement from the other account holder(s). If the other account holder is incompetent or a minor, have the individual submit a corroborating statement from anyone aware of the circumstances surrounding establishment of the account; account records showing deposits, withdrawals and interest paid for the months that ownership is an issue; if the individual owns none of the funds, evidence showing that he or she can no longer withdraw funds from the account; if the individual owns only a portion of the funds, evidence showing removal from the account of the individual's funds or removal of the funds owned by the other account holder(s) and redesignation of the account. Any funds that the evidence establishes were owned by the other account holder(s) are not and were not the individual's resources. The effect of a successful rebuttal is retroactive as well as prospective. 20330.3 Promissory Notes, Loans and Property Agreements A loan is an advance from a lender to a borrower that the borrower must repay, with or without interest. Loan proceeds are not income to the borrower because of the borrower's obligation to repay. Any portion of the borrowed funds that the borrower does not spend is a countable resource if retained into the month following the month of receipt. If the Medicaid applicant is the owner of a promissory note, loan, or property agreement (mortgage), assume the value of the agreement is its outstanding principal balance unless the individual furnishes reliable evidence that it has a current market value of less than that or no current market value at all. If the note, loan or mortgage is not salable, it has no current market value. If the outstanding principal balance plus other countable resources exceeds the resource limit, inform the individual that DSS/Medicaid will use the outstanding principal balance in determining resources unless the individual submits within 30 days the following information. a. evidence of a legal bar to the sale of the agreement b. an estimate from a knowledgeable source (financial institution, bank, real estate broker) showing the current market value of the agreement is less than its outstanding principal balance. The estimate must show the name, title and address of the source. Payments received against the principal balance are not income. They are conversion of a resource. The portion of the payment which represents interest is unearned income. 20330.4 Retirement Funds Retirement funds are annuities or work-related plans for providing income when employment ends, such as pensions, individual retirement accounts (IRA), disability, Keogh plans and some profit sharing plans. The value of a retirement fund is the amount of money that an individual can currently withdraw. Pension plans that allow withdraws are known as Defined Contribution Plans. If there is a penalty for early withdrawal, the fund's value is the amount available after the penalty deduction. Any taxes due are not deductible in determining the fund's value. A retirement fund is not a resource if an individual must terminate employment in order to obtain any payment. If an individual is eligible for periodic retirement benefits, the individual must apply and accept the periodic benefit. If the individual has a choice between periodic benefits and a lump sum, the individual must choose the periodic benefits. Defined Benefit Plans are retirement funds that are not accessible until the recipient becomes a certain age. these plans are not considered a countable resource until the individual reaches a pre-determined age. Defined Contribution Plans and Defined Benefit Plans are not considered countable resources when owned by an ineligible spouse. *Please Note: As the rest of the sections were not amended, they are not being published. For more information, please contact the Division of Medicaid and Medical Assistance. A complete set of the DSSM regulations is available at: http://www.state.de.us/research/AdminCode/title16/5000/5100/Table%20of%20Contents.shtml PROPOSED REGULATIONS DIVISION OF MEDICAID AND MEDICAL ASSISTANCE Statutory Authority: 31 Delaware Code, Ch. 5, Section 512 (31 Del.C. §512) PUBLIC NOTICE Long Term Care Medicaid - Annuities In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend existing rules in the Division of Social Services Manual (DSSM) to comply with the treatment of annuities provisions mandated by the Deficit Reduction Act (DRA) of 2005 (Public Law 109-171). 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 Development Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to 302-255-4425 (new fax number) by November 30, 2006. 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 AMENDMENT Statutory Authority Deficit Reduction Act of 2005 (Public Law 109-171), enacted on February 8, 2006 Background On February 8, 2006, the Deficit Reduction Act (DRA) of 2005 was signed into law. The DRA made changes to certain Medicaid eligibility provisions in Section 1917(c)(1)(B)(i) of Social Security Act affecting Long Term Care services and supports. Summary of Proposals The DRA contains a number of provisions necessitating changes to Delaware rules. This regulatory action incorporates the mandatory provisions as it relates to Disclosure and Treatment of Annuities and State Named as Remainder Beneficiary. DSSM 20330.4.1 is revised and updated as follows: Disclosure and Treatment of Annuities Current law provides that the term “trust,” for purposes of asset transfers and the look-back period, includes annuities only to the extent that the HHS Secretary defines them as such. CMS guidance (Transmittal Letter 64) asks states to determine the ultimate purpose of an annuity in order to distinguish those that are validly purchased as part of a retirement plan from those that abusively shelter assets. Section 6012 of the DRA requires individuals, upon Medicaid application for long term care services and redetermination of eligibility, to disclose to the state, a description of any interest the individual or community spouse has in an annuity (or similar financial instrument), and regardless of whether the annuity is irrevocable or is treated as an asset. Disclosure and Treatment of Annuities on or after February 8, 2006 For the purposes of being eligible for long term care services under Medicaid, the applicant or the applicant’s spouse must disclose any interest in an annuity (or similar financial instrument). Section 6012 of the DRA: • Mandates the disclosure and treatment of annuities. • Mandates that the purchase of an annuity be treated as a transfer of assets for less than fair PROPOSED REGULATIONS market value unless the State is named as the remainder beneficiary. • Mandates that an annuity shall be treated as a transfer of assets for less than fair market value unless the annuity is irrevocable, non-assignable, actuarially sound, and provide for equal payments. State Named as the Remainder Beneficiary Current law only requires the State be named a remainder beneficiary when the annuitant is the client, not the community spouse. Section 6012(b) of the DRA changes this to include annuities purchased for or by a person who is the com