DELAWARE COUNCIL ON POLICE TRAINING........................................................... 13 DE Reg. 593(Prop.) 

13 DE Reg. 840(Final) 

Administrative Manual, Part III: Basin Regulations - Water Supply Charges........... 13 DE Reg. 1144(Prop.) 

Proposed Amendments to the Water Quality Regulations, Water Code and 

Comprehensive Plan to Revise the Human Health Water Quality Criteria for PCBs 

in the Delaware Estuary, etc.............................................................................. 13 DE Reg. 154(Prop.) 

501 Regulations of the Delaware Solid Waste Authority.......................................... 13 DE Reg. 326(Prop.) 

502 Statewide Solid Waste Management Plan........................................................ 13 DE Reg. 333(Prop.) 

13 DE Reg. 1147(Prop.) 

Proposed Recommendations for 2009..................................................................... 13 DE Reg. 7(Prop.) 

13 DE Reg. 629(Final) 

Delaware Standardbred Breeders’ Fund 

502 Delaware Standardbred Breeder’s Fund Regulations, Sections 4.0, 

9.0 & 14.0.................................................................................................... 13 DE Reg. 496(Final) 

Division of Animal Health and Food Products Inspection 

304 Exotic Animal Regulations ......................................................................... 13 DE Reg. 8(Prop.) 

13 DE Reg. 559(Prop.) 

13 DE Reg. 926(Final) 

501 Harness Racing Rules and Regulations..................................................... 13 DE Reg. 1064 (Final) 

501 Harness Racing, Subsection 5.1.8, Substance Abuse/Addiction............... 13 DE Reg. 1253(Prop.) 

501 Harness Racing, Rule 7.0 Rules of the Race............................................. 13 DE Reg. 17(Prop.) 

13 DE Reg. 841 (Final) 

501 Harness Racing Rules and Regulations, Sections 7.0 and 10.0 ............... 13 DE Reg. 336(Prop.) 

Section 10.0 Due Process & Disciplinary Action......................................... 13 DE Reg. 931 (Final) 

Rule 11.0, Entries, Subscriptions, Delegations.................................................. 13 DE Reg. 343(Prop.) 

13 DE Reg. 497 (Final) 

Rule 14.0 Running of the Race.......................................................................... 13 DE Reg. 971(Prop.) 

Rule 14.6 Parade to the Post; Time................................................................... 13 DE Reg. 1296(Final) 

Rule 14.20 Toe Grabs........................................................................................ 13 DE Reg. 6(Emer) 

13 DE Reg. 151(Emer) 

103 Accountability for Schools, Districts and the State...................................... 13 DE Reg. 708(Prop.) 

13 DE Reg. 1065(Final) 

106 Teacher Appraisal Process Delaware Performance Appraisal System 

(DPAS II)..................................................................................................... 13 DE Reg. 725(Prop.) 

13 DE Reg. 1067(Final) 





106A Teacher Appraisal Process Delaware Performance Appraisal System 

(DPAS II)...................................................................................................... 13 DE Reg. 732(Prop.) 

13 DE Reg. 1068(Final) 

107 Specialist Appraisal Process Delaware Performance Appraisal System 

(DPAS II)...................................................................................................... 13 DE Reg. 1147(Prop.) 

107A Specialist Appraisal Process Delaware Performance Appraisal System 

(DPAS II) Revised........................................................................................ 13 DE Reg. 1151(Prop.) 

108 Administrator Appraisal Process Delaware Performance Appraisal System 

(DPAS II)...................................................................................................... 13 DE Reg. 738(Prop.) 

13 DE Reg. 1071(Final) 

108A Administrator Appraisal Process Delaware Performance Appraisal System 

(DPAS II)...................................................................................................... 13 DE Reg. 745(Prop.) 

13 DE Reg. 1073(Final) 

202 Freedom of Information Act (FOIA) Procedures.......................................... 13 DE Reg. 252(Final) 

251 Family Educational Rights and Privacy Act (FERPA).................................. 13 DE Reg. 751(Prop.) 

252 Required Educational Records and Transfer and Maintenance of 

Educational Records.................................................................................... 13 DE Reg. 753(Prop.) 

13 DE Reg. 1075(Final) 

260 General Administrative Review Procedures for the Child & Adult Care Food 

Programs of the United States Department of Agriculture CACFP/USDA... 13 DE Reg. 345(Prop.) 

13 DE Reg. 636(Final) 

262 General Administrative Appeal Procedures for National School Lunch 

Programs (NSLP), the School Breakfast Program (SBP) and the 

After School Snack Program (ASSP) of the United States Department 

of Agriculture (USDA) Fiscal Action....................................................... 13 DE Reg. 975(Prop.) 

13 DE Reg. 1297(Final) 

264 General Administrative Appeal Procedures for the Summer Food Service 

Programs of the United States Department of Agriculture CACFP/USDA 13 DE Reg. 977(Prop.) 

13 DE Reg. 1298(Final) 

401 Major Capital Improvement Programs......................................................... 13 DE Reg. 980(Prop.) 

13 DE Reg. 1300(Final) 

501 State Content Standards.............................................................................. 13 DE Reg. 256(Final) 

502 Alignment of Local School District Curricula to the State Content Standards 13 DE Reg. 257(Final) 

609 District and School-Based Intervention Services......................................... 13 DE Reg. 570(Prop.) 

13 DE Reg. 986(Prop.) 

13 DE Reg. 1301(Final) 

612 Possession, Use or Distribution of Drugs and Alcohol................................ 13 DE Reg. 882(Prop.) 

13 DE Reg. 1201(Final) 

701 Unit Count................................................................................................... 13 DE Reg. 1158(Prop.) 

705 Leave for Training Camp or Special Duty in the National Guard or the 

Military Reserves of the United States ........................................................ 13 DE Reg. 348(Prop.) 

13 DE Reg. 637(Final) 

706 Credit for Experience for Full Time Active Duty Service in the Armed Forces 13 DE Reg. 349(Prop.) 

13 DE Reg. 639(Final) 

712 Employee Leave.......................................................................................... 13 DE Reg. 988(Prop.) 

13 DE Reg. 1302(Final) 

714 Professional Employee Work Stoppage or Strike........................................ 13 DE Reg. 756(Prop.) 

13 DE Reg. 1078(Final) 

718 Health Examinations for Employees of School Districts, Charter Schools, 

and Alternative Programs............................................................................ 13 DE Reg. 351(Prop.) 

13 DE Reg. 640(Final) 

725 School Administrator Contracts and Agreements........................................ 13 DE Reg. 758(Prop.) 

13 DE Reg. 1080(Final) 

731 School Food Service Employees................................................................ 13 DE Reg. 1257(Prop.) 

733 Payment of Substitutes for Teachers........................................................... 13 DE Reg. 1259(Prop.) 

735 Standardized Financial Reporting................................................................ 13 DE Reg. 572(Prop.) 

13 DE Reg. 933(Final) 





736 Local School District and Charter School Citizen Budget Oversight 

Committees................................................................................................. 13 DE Reg. 574(Prop.) 

13 DE Reg. 886(Prop.) 

13 DE Reg. 1203(Final) 

738 Financial Goals for Instruction and Instruction-related Expenditures......... 13 DE Reg. 759(Prop.) 

13 DE Reg. 1082(Final) 

742 Compensation of School District and Charter School Personnel Under 

Federal Projects.......................................................................................... 13 DE Reg. 443(Prop.) 

13 DE Reg. 842(Final) 

746 Criminal Background Check for Student Teaching..................................... 13 DE Reg. 445(Prop.) 

13 DE Reg. 843(Final) 

805 The School Health Tuberculosis (TB) Control Program.............................. 13 DE Reg. 890(Prop.) 

13 DE Reg. 1205(Final) 

851 K to 12 Comprehensive Health Education Program................................... 13 DE Reg. 578(Prop.) 

13 DE Reg. 935(Final) 

852 Child Nutrition ............................................................................................ 13 DE Reg. 353(Prop.) 

1105 School Transportation............................................................................... 13 DE Reg. 449(Prop.) 

13 DE Reg. 845(Final) 

1503 Educator Mentoring.................................................................................. 13 DE Reg. 1260(Prop.) 

1507 Alternative Routes to Teacher Licensure and Certification Program........ 13 DE Reg. 354(Prop.) 

13 DE Reg. 642 (Final) 

1511 Issuance and Renewal of Continuing License.......................................... 13 DE Reg. 762(Prop.) 

13 DE Reg. 1084 (Final) 

13 DE Reg. 1267(Prop.) 

1512 Issuance and Renewal of Advanced License........................................... 13 DE Reg. 359(Prop.) 

13 DE Reg. 647(Final) 

1560 Art Teacher............................................................................................... 13 DE Reg. 990(Prop.) 

13 DE Reg. 1304 (Final) 

1563 Music Teacher........................................................................................... 13 DE Reg. 994(Prop.) 

13 DE Reg. 1305 (Final) 

1564 Physical Education Teacher...................................................................... 13 DE Reg. 998(Prop.) 

13 DE Reg. 1307 (Final) 

1582 School Nurse............................................................................................ 13 DE Reg. 1270(Prop.) 

1590 Delaware Administrator Standards........................................................... 13 DE Reg. 362(Prop.) 

13 DE Reg. 650(Final) 

203 Video Lottery and Table Game Regulations............................................... 13 DE Reg. 1163(Prop.) 

460 Sports Lottery Rules and Regulations........................................................ 13 DE Reg. 24(Prop.) 

13 DE Reg. 406(Final) 

2101 Agency Appeal Process............................................................................ 13 DE Reg. 1164(Prop.) 

3101 Adult Abuse Registry................................................................................ 13 DE Reg. 1002(Prop.) 

13 DE Reg. 1308(Final) 

3105 Criminal History Record Checks and Drug Testing................................... 13 DE Reg. 1007(Prop.) 

13 DE Reg. 1314(Final) 

3110 Criminal History Checks And Drug Testing For Home Health Agencies... 13 DE Reg. 1009(Prop.) 

13 DE Reg. 1317(Final) 

3201 Skilled and Intermediate Care Nursing Facilities...................................... 13 DE Reg. 1013(Prop.) 

13 DE Reg. 1322(Final) 

3220 Training and Qualifications for Nursing Assistants and Certified Nursing 

Assistants.................................................................................................... 13 DE Reg. 1014(Prop.) 





3225 Assisted Living Facilities........................................................................... 13 DE Reg. 1018(Prop.) 

13 DE Reg. 1328(Final) 

1915(c) Home and Community-Based Services Waiver for the Elderly and 

Disabled ...................................................................................................... 13 DE Reg. 93(Final) 

Diamond State Health Plan 1115 Demonstration Waiver .................................. 13 DE Reg. 370(Prop.) 

13 DE Reg. 652(Final) 

DMAP General Policy Manual: Utilization Control - Prior Authorization............. 13 DE Reg. 1166(Prop.) 

Title XIX Medicaid State Plan, Attachment 4.19-a, Page 3, Reimbursement 

Methodology for Inpatient Hospital Services................................................ 13 DE Reg. 373(Prop.) 

13 DE Reg. 656(Final) 

Title XIX Medicaid State Plan, Attachment 2.2-A, Page 6, Mandatory 

Coverage - Categorically Needy and Other Required Special Groups........ 13 DE Reg. 1273(Prop.) 

Title XIX Medicaid State Plan, Attachment 2.6-A, Page 2, 

Eligibility Conditions and Requirements....................................................... 13 DE Reg. 1273(Prop.) 

Title XIX Medicaid State Plan, Attachment 4.19-b, Page 14, Reimbursement 

Methodology for Medicaid Services ............................................................ 13 DE Reg. 375(Prop.) 

13 DE Reg. 658(Final) 

Title XIX Reimbursement Methodology for Medicaid Services .......................... 13 DE Reg. 259(Final) 

Title XXI Delaware Healthy Children Program State Plan.................................. 13 DE Reg. 1273(Prop.) 

DSSM 14300 -14420: Citizenship and Alienage............................................... 13 DE Reg. 1273(Prop.) 

14810 Continuously Eligible Newborns................................................. 13 DE Reg. 1273(Prop.) 

14920.6 Retroactive Eligibility for Newborns......................................... 13 DE Reg. 1273(Prop.) 

16280 Deemed Eligibility of Newborns.................................................. 13 DE Reg. 1273(Prop.) 

17900 Medicaid for Workers with Disabilities ....................................... 13 DE Reg. 371(Prop.) 

13 DE Reg. 654(Final) 

17908 Unearned Income Exclusion....................................................... 13 DE Reg. 371(Prop.) 

13 DE Reg. 654(Final) 

17911 Financial Eligibility Determination............................................... 13 DE Reg. 371(Prop.) 

13 DE Reg. 654(Final) 

17912 Retroactive Eligibility.................................................................. 13 DE Reg. 371(Prop.) 

13 DE Reg. 654(Final) 

18100 General Eligibility Requirements................................................ 13 DE Reg. 1273(Prop.) 

20800 Determining Eligibility for the Acute Care Program.................... 13 DE Reg. 263(Final) 

Division of Public Health 

4454 Tanning Facilities Regulations................................................................... 13 DE Reg. 1029(Prop.) 

13 DE Reg. 1330(Final) 

4455 Delaware Regulations Governing a Detailed Plumbing Code................... 13 DE Reg. 1276(Prop.) 

DSSM 1006.6 Civil Rights Program and Public Relations................................ 13 DE Reg. 7(Prop.) 

13 DE Reg. 150(Errata) 

13 DE Reg. 407(Final) 

2001.1 Redetermination: Eligibility Review Periods.............................. 13 DE Reg. 378(Prop.) 

13 DE Reg. 661(Final) 

3017 Other CMR Elements................................................................... 13 DE Reg. 450(Prop.) 

13 DE Reg. 847(Final) 

3033 Interim Assistance Reimbursement.............................................. 13 DE Reg. 894(Prop.) 

13 DE Reg. 1209(Final) 

3034 General Assistance Time Limits................................................... 13 DE Reg. 1032(Prop.) 

13 DE Reg. 1333(Final) 

4002.2 Available Resources.................................................................. 13 DE Reg. 378(Prop.) 

13 DE Reg. 663(Final) 

4002.5 Excluded Resources.................................................................. 13 DE Reg. 378(Prop.) 

13 DE Reg. 663(Final) 

4002.6 Disposal of Real Property 13 DE Reg. 378(Prop.) 

13 DE Reg. 663(Final) 

4007.1 Standards of Need/Payment Standard - GA.............................. 13 DE Reg. 1032(Prop.) 





4007.1 Standards of Need/Payment Standard - GA............................. 13 DE Reg. 1333(Final) 

7000 Cash Assistance Overpayments.................................................. 13 DE Reg. 1174(Prop.) 

9018.1 Work Registration Requirements.............................................. 13 DE Reg. 1033(Prop.) 

13 DE Reg. 1335(Final) 

9021 Failure to Comply......................................................................... 13 DE Reg. 1033(Prop.) 

13 DE Reg. 1335(Final) 

9026 Voluntary Quit.............................................................................. 13 DE Reg. 1033(Prop.) 

13 DE Reg. 1335(Final) 

9032.3 Utility Expenses........................................................................ 13 DE Reg. 267(Final) 

9032.8 (Reserved) ............................................................................... 13 DE Reg. 267(Final) 

9032.9 Continuing Shelter Charges...................................................... 13 DE Reg. 267(Final) 

9032.11 (Reserved).............................................................................. 13 DE Reg. 267(Final) 

9038 Verification for Recertifications and Interim Changes.................. 13 DE Reg. 267(Final) 

9059 Income Exclusions....................................................................... 13 DE Reg. 580(Prop.) 

13 DE Reg. 937(Final) 

13 DE Reg. 1277(Prop.) 

9060 Income Deductions...................................................................... 13 DE Reg. 1174(Prop.) 

9068 Food Supplement Program.......................................................... 13 DE Reg. 779(Prop.) 

13 DE Reg. 1086(Final) 

9085 Certification Periods Reporting Changes..................................... 13 DE Reg. 779(Prop.) 

13 DE Reg. 1086(Final) 

9094 Cooperation with the Division of Child Support Enforcement 

(DCSE)........................................................................................... 13 DE Reg. 1040(Prop.) 

13 DE Reg. 1336(Final) 

9095 Establishing Claims Against FSP Households............................ 13 DE Reg. 1174(Prop.) 

11000 Child Care Subsidy Program..................................................... 13 DE Reg. 782(Prop.) 

13 DE Reg. 1088(Final) 

11003.2.1 TANF and Transitional Work Program Sanctions................. 13 DE Reg. 1048(Prop.) 

13 DE Reg. 1337(Final) 

11003.7.8 Special Needs Children........................................................ 13 DE Reg. 97(Final) 

13 DE Reg. 1049(Prop.) 

13 DE Reg. 1339(Final) 

11004.11 (Child Care Subsidy Program) Review/Determination.......... 13 DE Reg. 1273(Prop.) 

11006.4.1 Absent Day Policy................................................................ 13 DE Reg. 100(Final) 

11006.5.1 Terminating Providers.......................................................... 13 DE Reg. 896(Prop.) 

13 DE Reg. 1211(Final) 

305 Actuarial Opinion and Memorandum Regulation.............................................. 13 DE Reg. 102(Final) 

505 Fiduciary Fund Requirements for Insurance Producers.................................... 13 DE Reg. 1281(Prop.) 

607 Defensive Driving Course Discount (Automobiles and Motorcycles) ......... ............13 DE Reg. 158(Prop.) 

13 DE Reg. 498(Final) 

901 Arbitration of Automobile and Homeowners’ Insurance Claims........................ 13 DE Reg. 583(Prop.) 

1212 Valuation of Life Insurance Policies................................................................. 13 DE Reg. 152(Emer) 

13 DE Reg. 409(Final) 

1215 Recognition of Preferred Mortality Tables for use in Determining Minimum 

Reserve Liabilities.............................................................................................. 13 DE Reg. 153(Emer) 

13 DE Reg. 410(Final) 

1305 Rate Filing Procedures for Health Insurers and Health Service Corporations 

and Managed Care Organizations..................................................................... 13 DE Reg. 587(Prop.) 

13 DE Reg. 939(Final) 

1310 Standards for Prompt, Fair and Equitable Settlement of Claims for Health 

Care Services.................................................................................................... 13 DE Reg. 1051(Prop.) 

1408 Standards for Prompt, Fair and Equitable Settlement of Claims for Long-Term 

Care Insurance.................................................................................................. 13 DE Reg. 1181(Prop.) 

1501 Medicare Supplement Insurance Minimum Standards.................................... 13 DE Reg. 270(Final) 





Part H Provisions Applicable to Broker-Dealers, Agents, Investment Advisers & 

Investment Adviser Representatives § 800. Senior Specific Designations.. 13 DE Reg. 48(Prop.) 

Rules and Regulations Pursuant to the Delaware Securities Act....................... 13 DE Reg. 381(Prop.) 

13 DE Reg. 667(Final) 

301 Violent Crimes Compensation Board Rules and Regulations..................... 13 DE Reg. 1213(Final) 

1101 Apprenticeship and Training Regulations.................................................. 13 DE Reg. 1052(Prop.) 

13 DE Reg. 1341(Final) 

1326 Workplace Fraud Act Regulations............................................................. 13 DE Reg. 1053(Prop.) 

13 DE Reg. 1342(Final) 

1341 Workers’ Compensation Regulations........................................................ 13 DE Reg. 1283(Prop.) 

1342 Health Care Practice Guidelines............................................................... 13 DE Reg. 1283(Prop.) 

1101 Definitions and Administrative Principles................................................... 13 DE Reg. 411(Final) 

1124 Control of Volatile Organic Compound Emissions, Sections 2.0, 12.0, 

19.0, 20.0 and 22.0...................................................................................... 13 DE Reg. 788(Prop.) 

13 DE Reg. 1344(Final) 

1125 Requirements for Preconstruction Review, Section 3.0 Prevention of 

Significant Deterioration of Air Quality......................................................... 13 DE Reg. 789(Prop.) 

13 DE Reg. 1345(Final) 

1138 Emission Standards for Hazardous Air Pollutants for Source Categories, 

Section 10.0............................................................................. ...... ....... 13 DE Reg. 165(Prop.) 

13 DE Reg. 668(Final) 

Section 14.0................................................................................................. 13 DE Reg. 790(Prop.) 

13 DE Reg. 1347(Final) 

1141 Limiting Emissions of Volatile Organic Compounds from Consumer and 

Commercial Products, Section 3.0 Portable Fuel Containers...................... 13 DE Reg. 792(Prop.) 

13 DE Reg. 1348(Final) 

1142 Specific Emission Control Requirements................................................... 13 DE Reg. 382(Prop.) 

13 DE Reg. 670(Final) 

1146 Electric Generating Unit (EGU) Multi-Pollutant Regulation........................ 13 DE Reg. 499(Final) 

1150 Outer Continental Shelf Air Regulations.................................................... 13 DE Reg. 1284(Prop.) 

1301 Regulations Governing Solid Waste, Sections 4.0, 6.0, 7.0 and 10.0....... 13 DE Reg. 185(Prop.) 

13 DE Reg. 1093(Final) 

1302 Regulations Governing Hazardous Waste................................................ 13 DE Reg. 452(Prop.) 

13 DE Reg. 852(Final) 

1351 Delaware Regulations Governing Underground Storage Tank Systems... 13 DE Reg. 796(Prop.) 

3304 Creel Limits and Seasons.......................................................................... 13 DE Reg. 813(Prop.) 

13 DE Reg. 1350(Final) 

3511 Summer Flounder Size Limits’ Possession Limits..................................... 13 DE Reg. 1183(Prop.) 

3512 Winter Flounder Size Limit; Possession Limit; Seasons........................... 13 DE Reg. 386(Prop.) 

13 DE Reg. 672(Final) 

3518 Black Drum Size Limit; Possession Limit; Landing Limit; Dealer Limit...... 13 DE Reg. 897(Prop.) 

13 DE Reg. 1352(Final) 

3521 Weakfish Size Limits; Possession Limits; Seasons................................... 13 DE Reg. 899(Prop.) 

13 DE Reg. 1354(Final) 

3702 Definitions.................................................................................................. 13 DE Reg. 1285(Prop.) 

3711 Conch Minimum Size Limits (Formerly S-48)............................................ 13 DE Reg. 387(Prop.) 

13 DE Reg. 675(Final) 





1770 Respiratory Care Practice Advisory Council.............................................. 13 DE Reg. 815(Prop.) 

13 DE Reg. 1223(Final) 

1790 Acupuncture Advisory Council.................................................................. 13 DE Reg. 237(Prop.) 

13 DE Reg. 858(Final) 

1800 Board of Plumbing, Heating, Ventilation, Air Conditioning & Refrigeration 

Examiners.................................................................................................... 13 DE Reg. 825(Prop.) 

13 DE Reg. 1356(Final) 

2000 Board of Occupational Therapy Practice................................................... 13 DE Reg. 606(Prop.) 

13 DE Reg. 1095(Final) 

2500 Board of Pharmacy.................................................................................... 13 DE Reg. 57(Prop.) 

13 DE Reg. 506(Final) 

13 DE Reg. 1198(Prop.) 

2700 Board of Professional Land Surveyors, Sections 12.0 Minimum Technical 

Standards for Licences and 15.0 Reciprocity Eligibility ..... ..... ............. 13 DE Reg. 244(Prop.) 

2930 Council on Real Estate Appraisers............................................................ 13 DE Reg. 123(Final) 

3300 Board of Veterinary Medicine.................................................................... 13 DE Reg. 1061(Prop.) 

13 DE Reg. 1357(Final) 

3500 Board of Examiners of Psychologists........................................................ 13 DE Reg. 124(Final) 

3600 Board of Registration of Geologists........................................................... 13 DE Reg. 390(Prop.) 

13 DE Reg. 682(Final) 

3700 Board of examiners of Speech/Language Pathologists, Audiologists & 

Hearing Aid Dispensers............................................................................... 13 DE Reg. 826(Prop.) 

13 DE Reg. 1097(Final) 

3800 Committee on Dietetics/Nutrition .............................................................. 13 DE Reg. 79(Prop.) 

13 DE Reg. 414(Final) 

4400 Delaware Manufactured Home Installation Board..................................... 13 DE Reg. 834(Prop.) 

13 DE Reg. 1098(Final) 

2101 Mortgage Loan Brokers Operating Regulations........................................ 13 DE Reg. 468(Prop.) 

13 DE Reg. 862(Final) 

2201 Licensed Lenders Operating Regulations................................................. 13 DE Reg. 468(Prop.) 

13 DE Reg. 862(Final) 

2401 Mortgage Loan Originator Licensing......................................................... 13 DE Reg. 468(Prop.) 

13 DE Reg. 862(Final) 

3001 Reg. Docket No. 49: Rules and Regulations to Implement the Provisions 

of 26 Del.C. Ch. 10 Relating to the Creation of a Competitive Market for 

Retail Electric Supply Service...................................................................... 13 DE Reg. 614(Prop.) 

13 DE Reg. 950(Final) 

3007 Reg. Docket No. 50: Rules, Standards and Indices to Ensure Reliable 

Electric Service by Electric Distribution Companies.................................... 13 DE Reg. 837(Prop.) 

13 DE Reg. 1100(Final) 

3008 Reg. Docket No. 56: Rules and Procedures to Implement the Renewable 

Energy Portfolio Standards Act.................................................................... 13 DE Reg. 623(Prop.) 

13 DE Reg. 952(Final) 

3010 Reg. Docket No. 60: Integrated Resource Planning for the Provision of 

Standard Offer Service by Delmarva Power & Light Company.................... 13 DE Reg. 395(Prop.) 

13 DE Reg. 953(Final) 

8000 Reg. Docket No. 61: Adoption of Rules to Establish an Intrastate Gas 

Pipeline Safety Compliance Program ......................................................... 13 DE Reg. 416(Final) 

2201 Procedure for Re-licensing Investigations Character Background Review 13 DE Reg. 908(Prop.) 

13 DE Reg. 1225(Final) 

2217 Interim Identification Procedure for the Division of Motor Vehicles........... 13 DE Reg. 911(Prop.) 

13 DE Reg. 1226(Final) 





2287 Public Carrier Regulations........................................................................ 13 DE Reg. 405(Prop.) 

2287 Public Carrier Regulations........................................................................ 13 DE Reg. 955(Final) 

2309 Standards and Regulations for Subdivision Streets and State Highway 

Access ....................................................................................................... 13 DE Reg. 626(Prop.) 

13 DE Reg. 1101(Final) 

2402 Delaware Manual on Uniform Traffic Control Devices, Parts 2, 3, and 6.. 13 DE Reg. 1199(Prop.) 

2402 Delaware Manual on Uniform Traffic Control Devices, Parts 2, 6, and 9.. 13 DE Reg. 418(Final) 

Delaware Economic Development Office 

402 Procedures Governing The Delaware Strategic Fund................................ 13 DE Reg. 489(Prop.) 

13 DE Reg. 1227(Final) 

Office of Management and Budget 

Freedom of Information Act Policy and Procedures.......................................... 13 DE Reg. 493(Prop.) 

2001 Group Health Care Insurance Eligibility and Coverage Rules........................ 13 DE Reg. 126(Final) 

13 DE Reg. 683(Final) 





DELAWARE SOLID WASTE AUTHORITY 
502 Statewide Solid Waste Management Plan 





DEPARTMENT OF EDUCATION 
OFFICE OF THE SECRETARY 
Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b)) 

14 DE Admin. Code 107 









107 Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II) 







OFFICE OF THE SECRETARY 
Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b)) 











107A Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II) Revised 
1.0 Effective Date 

The Specialist Appraisal Process, Delaware Performance Appraisal System (DPAS II) Revised shall 
be effective for all school districts and charter schools beginning July 1, 2011, and shall, at such time, 
replace the current 14 DE Admin. Code 107 Specialist Appraisal Process, Delaware Performance 
Appraisal System (DPAS II). 

2.0 Definitions 

The following definitions shall apply for purposes of this regulation: 

“Announced Observation” shall consist of the Pre-observation Form and conference with the 
evaluator, an observation by the evaluator at an agreed upon date and time, using the associated 
formative conferences and reports. The observation for the specialist may be a collection of data over 
a specified period of time, up to four (4) weeks, or it may be an observation of sufficient length, at least 
thirty (30) minutes, to gather appropriate data and assess specialist performance. 

“Board” shall mean a local board of education or a charter school board of directors. 

“Credentialed Evaluator” shall mean the individual, usually the supervisor of the specialist, who has 
successfully completed the evaluation training in accordance with 10.0. The Credentialed Evaluator 
may also be referred to as Evaluator. 

“DASA” shall mean the Delaware Association of School Administrators. 

“DPAS II Revised Guide for Specialists” shall mean the manual that contains the prescribed forms, 
detailed procedures, specific details about the five (5) components of evaluation and other relevant 
documents that are used to implement the appraisal process. 

“DSEA” shall mean the Delaware State Education Association. 

“Experienced Specialist” shall mean a specialist who holds a valid and current Continuing or 
Advanced License, issued pursuant to Chapter 12 of Title 14 of the Delaware Code; or Standard or 
Professional Status Certificate issued prior to August 1, 2003 or holds a valid and current license from 
his or her respective licensure body. 

“Improvement Plan” shall be the plan that a specialist and evaluator mutually develop in accordance 
with 8.0. 

“Interim assessment” shall mean an assessment given at regular and specified intervals throughout 
the school year, and designed to evaluate students’ knowledge and skills relative to a specific set of 
academic standards, and the results of which can be aggregated (e.g., by course, grade level, school, 
or school district) in order to inform teachers, administrators, and specialists at the student, classroom, 
school, and district levels. 

“Novice Specialist” shall mean a specialist who holds a valid and current Initial License issued 
pursuant to Chapter 12 of Title 14 of the Delaware Code or holds a valid and current license from his or 
her respective licensure body. 









“Satisfactory Component Rating” shall mean the specialist’s performance demonstrates an 
understanding of the concepts of the component under Chapter 12 of Title 14 of the Delaware Code. 

“Satisfactory Evaluation” shall be equivalent to the overall Highly Effective, Effective or Needs 
Improvement rating on the Summative Evaluation and shall be used to qualify for a continuing license. 

["Specialist" shall mean an educator other than a teacher or administrator and includes, but is 
not limited to, School Counselors, Library Media Specialists, School Psychologists, and School 
Nurses.] 

“State Assessment” shall mean the Delaware Student Testing Program (DSTP) or its successor. 

“Student Achievement” shall mean 

(a) For tested grades and subjects: 

(1) A student’s score on the DSTP or successor statewide assessment; and, as appropriate, 

(2) Other measures of student learning, such as those described in paragraph (b) of this 
definition, provided they are rigorous and comparable across classrooms. 

(b) For non-tested grades and subjects: alternative measures of student learning and 
performance such as student scores on pre-tests and end-of-course tests; student performance 
on English language proficiency assessment; and other measures of student achievement that are 
rigorous and comparable across classrooms. Such alternative measures shall be approved by the 
Department of Education and developed in partnership with input from the relevant specialist 
organizations or respective licensure body and the Delaware State Education Association (DSEA). 

“Student Growth” shall mean the change in achievement data for an individual student between two 
points in time. Growth may also include other measures that are rigorous and comparable across 
classrooms. 

“Summative Evaluation” shall be the final evaluation at the conclusion of the appraisal cycle. 

“Unannounced Observation” shall consist of an observation by the evaluator at a date and time that 
has not been previously arranged using the associated formative conferences and reports. The 
observation shall be of sufficient length, at least thirty (30) minutes, to gather appropriate data and 
assess specialist performance. 

“Unsatisfactory Component Rating” shall mean the specialist’s performance does not demonstrate 
an understanding of the concepts of the component. 

“Unsatisfactory Evaluation” shall be the equivalent to the overall Ineffective rating on the 
Summative Evaluation. 

“Working Day” shall mean a day when the employee would normally be working in that district or 
charter school. 

3.0 Appraisal Cycles 

3.1 Experienced specialists who have earned a rating of Highly Effective on their most recent Summative 
Evaluation shall receive a minimum of (1) Announced Observation each year with a Summative 
Evaluation at least once every two (2) years. The Student Improvement component for Highly Effective 
specialists shall be evaluated each year, regardless of whether or not a Summative Evaluation is 
conducted. If a Highly Effective specialist does not achieve a Satisfactory rating on the Student 
Improvement Component, the specialist shall receive a Summative Evaluation the following year, 
regardless of whether the specialist would otherwise be due for a Summative Evaluation pursuant to 
this section. 

3.2 Experienced specialists who have earned a rating of Effective and have earned Satisfactory ratings on 
at least four (4) of the Appraisal Components found in 5.0, including Student Improvement, on his or 
her most recent Summative Evaluation shall receive a minimum of one (1) Announced Observation 
each year with a Summative Evaluation at least once every two (2) years. 

3.3 Experienced specialists who are not otherwise included in 3.1 or 3.2 shall receive a minimum of one 
(1) Announced Observation and one (1) Unannounced Observation with a Summative evaluation at 
the end of the one (1) year period. These specialists shall have an Improvement Plan which may 









require additional observations and other types of monitoring as outlined in the DPAS II Revised Guide 
for Specialists. 

3.4 Novice specialists shall receive a minimum of two (2) Announced Observation and one (1) 
Unannounced Observation with a Summative Evaluation at the end of the one year period. Novice 
specialists who have earned a rating of Needs Improvement or Ineffective on their most recent 
Summative Evaluation shall have an Improvement Plan which may require additional observations or 
other types of monitoring as outlined in the DPAS II Revised Guide for Specialists. 

4.0 DPAS II Guide for Specialists 

4.1 All districts and charter schools shall use the manual entitled DPAS II Revised Guide for Specialists as 
developed and as may be amended by the Department of Education in collaboration with DASA and 
DSEA to implement the appraisal system. 

4.2 The manual shall contain, at a minimum, the following: 

4.2.1 Specific details about each of the five (5) Appraisal Components listed in 5.1. 

4.2.2 All forms or documents needed to complete the requirements of the appraisal process. 

4.2.3 Specific procedures to implement the appraisal system. 

5.0 Appraisal Components and Appraisal Criteria 

5.1 The following five (5) Appraisal Components, including the four (4) Appraisal Criteria specified for 
each, shall be the basis upon which the performance of a specialist shall be evaluated by a 
credentialed evaluator: 

5.1.1 Planning and Preparation 

5.1.1.1 Designing Coherent Programs or Services: Specialist designs activities and plans for 
services that support the needs of the students or clients served. 

5.1.1.2 Demonstrating Knowledge of Best Practice and Models of Delivery: Specialist uses 
practices and models of delivery that are aligned with local and national standards. 

5.1.1.3 Demonstrating Knowledge of Students or Clients: Specialist shows knowledge of the 
needs and characteristics of the students or clients, including their approaches to learning, 
knowledge, skills, and interests. 

5.1.1.4 Demonstrating Knowledge of Resources: Specialist selects appropriate resources, either 
within or outside of the school, that support the needs of students or clients. 

5.1.2 Professional Practice and Delivery of Services 

5.1.2.1 Creating an Environment to Support Student or Client Needs: Specialist creates an 
environment in which student or client needs are identified and valued. Specialist and 
student or client interactions show rapport that is grounded in mutual respect. 

5.1.2.2 Demonstrating Flexibility and Responsiveness: Specialist has a repertoire of instructional 
or professional strategies and makes modifications to services based on needs of the 
students or clients. 

5.1.2.3 Communicating Clearly and Accurately: Verbal and written communication is clear and 
appropriate to students’ or clients’ ages, backgrounds, needs, or levels of understanding. 

5.1.2.4 Delivering Services to Students or Clients: Specialist is responsive to the identified needs 
of the students or clients and meets standards of professional practice. The resources and 
materials are suitable and match the needs of the students or clients. The delivery of 
service is coherent. 

5.1.3 Professional Collaboration and Consultation 

5.1.3.1 Collaborating with Others: Specialist develops partnerships with school or district staff or 
external agencies to provide integrated services that meet student or client needs. 

5.1.3.2 Serving as a Consultant to the School Community: Specialist shares expertise with school 
staff to assist them in their work or to respond to school wide issues, problems, or 
concerns. 









5.1.3.3 Providing Resources and Access: Specialist provides school, district or external based 
resources to appropriate staff, students, or clients or gives information about the effective 
use of the resources. 

5.1.3.4 Maintaining Standards of Professional Practice: Specialist adheres to his or her 
professional standards of practice, including issues surrounding confidentiality. 

5.1.4 Professional Responsibilities 

5.1.4.1 Communicating with Families: Specialist shares information about district or school 
educational programs and expectations for student or client performance. Specialist 
develops a mechanism for two way communication with families about student or client 
progress, behavior, personal needs, or concerns. 

5.1.4.2 Developing a Record System: Specialist keeps student or client records relevant to their 
services and shares information with appropriate school personnel. 

5.1.4.3 Growing and Developing Professionally: Specialist chooses and participates in 
professional development that is aligned with his or her professional needs and aligned 
with the needs of the school, district or students. 

5.1.4.4 Reflecting on Professional Practice: Specialist engages in reflective thinking as an 
individual, as a team participant, or as a school and community member with the goal of 
improving professional practice and delivery of service. 

5.1.5 Student Improvement 

5.1.5.1 Measuring Student Improvement: Specialist’s students collectively demonstrate 
appropriate levels of Student Growth as benchmarked against standards set by the 
Secretary based on input from stakeholder groups. 

6.0 Summative Evaluation Ratings 

6.1 Each Appraisal Component shall be weighted equally and assigned a rating of Satisfactory or 
Unsatisfactory on the Summative Evaluation. 

6.1.1 A satisfactory rating for each of the first four Appraisal Components shall mean the specialist 
demonstrates acceptable performance by meeting at least three (3) of the four (4) Appraisal 
Criteria specified in each of the five (5) components set forth in 5.1. 

6.1.2 A satisfactory rating for the Student Improvement Component shall mean that the specialist 
demonstrates acceptable performance by meeting the standards set by the Secretary pursuant to 
5.1.5.1. 

6.2 The Summative Evaluation shall also include one of four overall ratings: Highly Effective, Effective, 
Needs Improvement or Ineffective. 

6.2.1 Highly Effective shall mean that the specialist has earned a Satisfactory Component Rating in four 
(4) of the five (5) Appraisal Components in accordance with 5.0 and that the specialist’s students 
on average achieve high rates of student growth, that is, more than one grade level improvement 
in an academic year. 

6.2.2 Effective shall mean that: 

6.2.2.1 The specialist has received a Satisfactory Component Rating in at least three (3) 
Appraisal Components including the Student Improvement Component, and 

6.2.2.2 The specialist does not meet the requirements for a Highly Effective rating found in 6.2.1. 

6.2.3 Needs Improvement shall mean that: 

6.2.3.1 The specialist has received one (1) or two (2) Satisfactory Component Ratings out of the 
five (5) Appraisal Components in accordance with 5.0, including a Satisfactory rating in 
the Student Improvement Component, or 

6.2.3.2 The specialist has received three (3) or four (4) Satisfactory Component Ratings out of the 
five (5) Appraisal Components in accordance with 5.0, and the specialist has received an 
Unsatisfactory rating in the Student Improvement Component. 

6.2.4 Ineffective shall mean that: 









6.2.4.1 The specialist has received zero (0), one (1), or two (2) Satisfactory Component Ratings 
out of the five (5) Appraisal Components in accordance with 5.0, and 

6.2.4.2 The specialist has received an Unsatisfactory Component Rating in the School 
Improvement Component. 

6.2.4.3 If a specialist’s overall Summative Evaluation rating is determined to be “Needs 
Improvement” for the third consecutive year, the rating shall be re-categorized as 
“Ineffective”. 

7.0 Pattern of Ineffective Practice Defined 

A pattern of ineffective practice shall be based on the most recent Summative Evaluation ratings of a specialist 
using the DPAS II process. Two consecutive ratings of Ineffective shall be deemed as a pattern of 
ineffective practice. The following chart shows the consecutive Summative Evaluation ratings that shall 
be determined to be a pattern of ineffective practice: 

8.0 Improvement Plan 

8.1 An Improvement Plan shall be developed for a specialist who receives an overall rating of Needs 
Improvement or Ineffective on the Summative Evaluation or a rating of Unsatisfactory on any 
component in 5.0 on the Summative Evaluation regardless of the overall rating. 

8.1.1 An Improvement Plan shall also be developed if a specialist’s overall performance during an 
observation is unsatisfactory. This unsatisfactory performance shall be noted by the evaluator on 
the Formative Feedback form by noting “PERFORMANCE IS UNSATISFACTORY” and initialing 
the statement. 

8.2 The Improvement Plan shall contain the following: 

8.2.1 Identification of the specific deficiencies and recommended area(s) for growth; 

8.2.2 Measurable goals for improving the deficiencies to satisfactory levels; 

8.2.3 Specific professional development or activities to accomplish the goals; 

8.2.4 Specific resources necessary to implement the plan, including but not limited to, opportunities for 
the specialist to work with curriculum specialist(s), subject area specialist(s), instructional 
specialist(s) or others with relevant expertise; 

8.2.5 Procedures and evidence that must be collected to determine that the goals of the plan were met; 

8.2.6 Timeline for the plan, including intermediate check points to determine progress; 

8.2.7 Procedures for determining satisfactory improvement. 

8.2.8 Multiple observations and opportunity for feedback provided by a trained evaluator, a mentor, or 
lead specialist, or an instructional coach. 

8.3 The Improvement Plan shall be developed cooperatively by the specialist and evaluator. If the plan 
cannot be cooperatively developed, the evaluator shall have the authority and responsibility to 
determine the plan as specified in 8.2 above. 

8.4 The specialist shall be held accountable for the implementation and completion of the Improvement 
Plan. 









8.5 Upon completion of the Improvement Plan, the specialist and evaluator shall sign the documentation 
that determines the satisfactory or unsatisfactory performance of the plan. 

9.0 Challenge Process 

9.1 A specialist may challenge any rating on the Summative Evaluation, either a Component Rating or the 
Overall Rating, or a specialist may challenge the conclusions of an observation if the statement 
PERFORMANCE IS UNSATISFACTORY has been included on the Formative Feedback form. To 
initiate a challenge, a specialist shall submit additional information specific to the point of disagreement 
in writing within fifteen (15) working days of the date of the specialist’s receipt of the Summative 
Evaluation. Such written response shall become part of the appraisal record and shall be attached to 
the Summative Evaluation. All challenges together with the record shall be forwarded to the supervisor 
of the evaluator unless the supervisor of the evaluator is also in the same building as the specialist. In 
this situation, the challenge together with the record shall be forwarded to a designated district or 
charter school level credentialed evaluator. 

9.1.1 Within fifteen (15) working days of receiving the written challenge, the supervisor of the evaluator 
or the designated district or charter school level credentialed evaluator shall review the record 
which consists of all documents used in the appraisal process and the written challenge, and issue 
a written decision. 

9.1.2 If the challenge is denied, the decision shall state the reasons for denial. 

9.1.3 The decision of the supervisor of the evaluator or the designated district or charter school level 
credentialed evaluator shall be final. 

10.0 Evaluator Credentials 

10.1 Evaluators shall have completed the DPAS II training as developed by the Department of Education. 
Evaluators shall receive a certificate of completion which is valid for five (5) years and is renewable 
upon completion of professional development focused on DPAS II as specified by the Department of 
Education. 

10.2 The training for the certificate of completion shall include techniques for observation and conferencing, 
content and relationships of frameworks for practice and a thorough review of the DPAS II Revised 
Guide for Specialists. Activities in which participants practice implementation of DPAS II procedures 
shall be included in the training. 

10.3 The credentialing process shall be conducted by the Department of Education. 

11.0 Evaluation of Process 

The Department of Education shall conduct an annual evaluation of the teacher appraisal process. 
The evaluation shall, at a minimum, include a survey of teachers and evaluators and interviews with a 
sampling of teachers and evaluators. Data from the evaluation and proposed changes to the DPAS II 
Revised Guide for Teachers shall be presented to the State Board of Education for review on an 
annual basis. 









OFFICE OF THE SECRETARY 
Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b)) 

14 DE Admin. Code 701 











701 Unit Count 
1.0 Forms and Record Keeping 

1.1 All information submitted through the unit count process shall be on the forms provided by the 
Department of Education or in such other format as may be acceptable to the Department. 

1.2 Each school shall maintain September enrollment records in a manner which will allow for efficient 
enrollment audits by the Department of Education and the State Auditor of Accounts. At the end of 
September, each school shall assemble a comprehensive enrollment file that contains all necessary 
support materials to substantiate the enrollments reported. This file shall be retained in the school for 
at least three years. 

1.3 Records to substantiate special education students with disabilities included in the enrollment count 
shall contain: student name, cohort age group, grade level, eligibility category, name of special 
education teachers serving the student in September, and number of hours of special education 
services received during the last week of school in September. Individual student case studies, 
evaluations, and reports of specialists do not need to be maintained as part of the September 30 
enrollment file a student Individual Education Program (IEP) in effect during the last week of school in 
September and eligibility documentation. However, individual student files may be reviewed by the 
Department of Education or State Auditor of Accounts to ascertain that the students reported are 
identified as special education students as per 14 DE Admin. Code 925. 

8 DE Reg. 1473 (4/1/05) 

2.0 Special Situations Regarding Enrollment 

2.1 All exceptions and extenuating circumstances relating to the enrollment count are addressed to the 
Secretary of Education and shall be received by the Secretary for consideration prior to September 30. 

2.2 Students with multiple disabilities shall be reported in the category that corresponds to their [major 
primary] eligibility category. 

2.3 Students with disabilities included in the special education unit count under the placement provisions 
of Transfer Students or Emergency Temporary Placement or Change of Placement shall meet the 
evaluation and placement requirements found in 14 DE Admin. Code 925. 

2.4 Students not assigned to a specific grade shall be reported in a grade appropriate for their age or their 
instructional level for purposes of the unit count. 

8 DE Reg. 1473 (4/1/05) 

3.0 Accounting for Students Not in Attendance the Last Ten Days in September 

3.1 For students not in attendance at school during the last 10 school days of September during which 
students are required to be in attendance, the following information shall be on file to substantiate their 
inclusion in the enrollment count: 

3.1.1 Reason for absence, usually medical, and date of last direct contact with student or parent. 

3.1.2 Reason to believe that student will be returning to school before prior to November 1st. 

3.1.3 Districts and Charter Schools enrolling a with an intra-state transfer student during the last ten 10 
school days of September during which students are required to be in attendance shall first 
determine if the student is currently obligated under a choice agreement or first year charter 
agreement before enrolling the student. If said obligation exists, “good cause” [pursuant to 14 
Del.C. §402 and §506(d) respectively] must be [agreed upon by the sending and receiving 
district/charter school determined] before the receiving district/charter school can enroll the 
student. Districts and charter schools enrolling an in state transfer student during the last 10 
school days of September shall notify the student's previous district or charter school of such 
enrollment no later than the last student attendance day of September. The notification shall be by 
fax with a follow up letter to the previous district/charter school’s unit count coordinator’s office. 
The notification shall be clearly labeled Unit Count Transfer Students and include the student's 
name, grade, and previous school of attendance. A student enrolling with a formal notice of 









withdrawal from the previous district or charter school is exempted from this notification 
requirement. Failure to follow the notification procedure may result in including the same student in 
two different district or charter school enrollments and hence unit counts. If that occurs, the student 
will be disallowed from the receiving district or charter school’s enrollment and unit count. Copies 
of the fax transmittals and follow up letters shall be on file to substantiate the student's inclusion in 
the receiving district or charter school’s enrollment and unit count. 

8 DE Reg. 1473 (4/1/05) 

4.0 Programs, Situations and Program Types that Qualify for Inclusion in the Unit Count 

4.1 Students in the following programs, situations and program types shall qualify for inclusion in the 
enrollment count: 

4.1.1 Delaware Adolescent Program, Inc. (DAPI): 

4.1.1.1 Students enrolled in DAPI shall be counted in the enrollment of the sending school. 

4.1.1.2 Students shall be reported for receive the level of special education service as defined by 
the current IEP. 

4.1.1.3 If a student was enrolled the previous year in a Career Technical Program in the reporting 
school, the students shall be reported as enrolled in the next career technical course in the 
program series. 

4.1.2 Repeating seniors who are enrolled in school for a minimum number of instructional hours defined 
as three traditional courses or an equivalent time in a block schedule, shall be included in the unit 
count provided they meet the age and residency requirements. Students in the James H. Groves 
In school Credit Program (14 DE Admin. Code 915.2.4) and students in the Advanced Placement 
Program shall be enrolled and attend at least one full credit course in their high school to be 
included in the unit count provided they also meet the age and residency requirements. 

4.1.3 Temporary problem, usually medical, which precludes school attendance prior to November 1st. 

4.1.4 Supportive Instruction (Homebound): Students receiving supportive instruction (homebound) 
pursuant to 14 DE Admin. Code 930 qualify for inclusion in the unit count. 

4.1.4.1 A child with a disability receiving supportive instruction (homebound) shall be included in 
the unit count as a full time special education student if, in the child's placement 
immediately preceding the homebound placement, the child was receiving instruction from 
a certified special education teacher for at least 12.5 hours per week had an IEP in effect 
during the last week of school in September. 

4.1.4.2 A child with a disability receiving supportive instruction (homebound) shall be included in 
the unit count as a part time special education student if, in the child's placement 
immediately preceding the homebound placement, the child was receiving instruction from 
a certified special education teacher for less than 12.5 hours per week. 

4.1.5 Stevenson House or New Castle County Detention Center: Students on a temporary basis 
pending disposition of case who are expected to return to school prior to November 1st. 

4.1.6 Consortium Discipline Alternative Program: 

4.1.6.1 Students enrolled at a Consortium Discipline Alternative Programs site shall be counted in 
the enrollment of the sending school pursuant to 14 DE Admin. Code 611. 

4.1.6.2 Students shall [receive] be reported for the level of special education service as defined 
by the current IEP. 

4.1.6.3 If a student was enrolled in the previous year in a Career Technical Program in the 
reporting school, the students shall be reported as enrolled in the next career technical 
course in the program series. 

4.1.7 Students enrolled in kindergarten pursuant to 14 DE Admin. Code 940 shall be counted in the 
grade level enrollment group to which they are assigned. 

4.1.8 Except as provided in section 5.0 and 7.2, all pre kindergarten children with disabilities shall be 
counted as full time in the appropriate eligibility category. 









4.1.9 Students enrolled in residential facilities as of the last day of September. These students are 
included in the enrollment count of the district operating the instructional program in that facility. 
The facilities that are eligible shall be identified each year by the Department of Education. 

4.1.10 Regular Programs, Regular programs include students who are enrolled in the regular elementary 
or secondary curriculum of the school, i.e., the core of the school subjects, which most students 
take. 

4.1.11 Full time Special Education Services[,special education services include] students who have 
been properly identified, and receive instruction from a certified special education teacher for at 
least 12.5 hours per week. Children and have an IEP in effect during the last week of school in 
September. Students with disabilities must have appropriate supporting documentation on file as 
required by the Identification, Evaluation and Placement Process in 14 DE Admin. Code 925. 

4.1.12 Part Time Special Education Services, Students who have been properly identified and receive 
instruction from a certified special education teacher for less than 12.5 hours per week. These 
children with disabilities must meet all other criteria for full time special education services. For unit 
count computation, they will have their time apportioned between a regular student in a specified 
grade and a special student in a specified category. 

4.1.12.1 The apportioning is accomplished by dividing the number of hours that each student 
receives instruction from a certified special education teacher by 15. For example, if a 
second grade student eligible for special education services in the Learning Disabled 
category receives 11.5 hours of special education service per week, the student is 
counted as a .77 LD student (11.5/15 = .77) and a .23 second grade regular student. This 
accounts for one Full Time Equivalent Student (.77 + .23 = 1.0). 

4.1.132 Career Technical Programs, A maximum of 900 minutes of vocational career and technical 
education time per week per student shall be credited toward the vocational career and technical 
education unit determination. However, units shall be counted on the basis of 1 unit for each 30 
students or major fraction thereof for students enrolled in the New Castle County Votech School 
District, the POLYTECH School District and the Sussex Technical School District. 

8 DE Reg. 1473 (4/1/05) 

5.0 Programs and Situations that Do Not Qualify for the Unit Count 

5.1 Students in the following programs and situations do not qualify for inclusion in the enrollment count: 

5.1.1 Students who have not attended school during the last 10 days of September 

5.1.2 Students who are enrolled in General Education Development (GED) programs 

5.1.3 Students who are enrolled in other than Department of Education approved programs 

5.1.4 Students who are transferred to a state residential facility during September shall not be included 
in the enrollment count of the District/Charter School unless that District/Charter School operates 
the facility's instructional program; otherwise the student must be treated as a withdrawal 

5.1.5 Children eligible for special education under Developmentally Delayed Three Year Old Children 
and Preschool Speech Delayed 3 and 4 Year Old Children. Services will be provided for these 
students through an annual appropriation to the Department of Education specifically for that 
purpose (14 Del.C. §1703). 

5.1.65 Students enrolled in a Homeschool as defined in 14 Del.C. §2703A. 

8 DE Reg. 1473 (4/1/05) 

6.0 Nontraditional High School Schedules 

6.1 For unit count purposes if a student receiving special education services or a career technical student 
in a school utilizing nontraditional schedules receives, during the course of the year, the same amount 
of instruction the student would have received under a traditional class schedule, the district shall 
average the time and calculate instructional time on a weekly basis; providing however, that a career 
technical student receives a minimum of 300 minutes of instruction per week and a full time special 
education student receives a minimum of 7.5 hours of instruction per week. 









6.1.1 The following exemplifies a situation with the required minimum minutes and hours for a full time 
career technical or special education student and shows that the heavy concentration of minutes 
or hours could occur either in the fall or the spring of the year. 

6.2 For unit count purposes a district shall meet the following criteria to include selected students 
participating in a district’s Distance Education/Twilight Program in the September 30th unit count. For 
purposes of this section, a Distance Education/Twilight Program shall mean a district approved credit 
bearing program as follows: 

6.2.1 Students must be currently suspended indefinitely or expelled by the district and enrolled in the 
district’s alternative placement program; 

or 

6.2.2 Students with disabilities enrolled in the district’s Distance Education/Twilight Program for credit 
recovery only must be receiving services as decided upon by the IEP team and reflected in the IEP 
on-site; 

or 

6.2.3 The inclusion of students with non-behavior issues and not special education in the unit count can 
only be included if there is not a break in educational service and they meet the entry criteria of the 
program and the additional criteria outlined in 6.2.4 through 6.2.11; [and, in addition to either 
6.2.1 through 6.2.3, all of the following]: 

6.2.4 Students and their parent(s)/guardian(s) must attend a mandatory program orientation session 
provided by the district staff. A sign in sheet and signed agreement will be kept on file and serve as 
sufficient evidence to meet this requirement. 

6.2.5 Students must be enrolled for a minimum of three courses. 

6.2.6 Students must be required to complete a minimum number of hours of active engagement each 
week that they are enrolled in the program. The minimum number of hours should not be less than 
three hours per week. 

6.2.7 Students must be enrolled in eSchoolPLUS, the statewide pupil accounting system. 

6.2.8 The district must keep records on file for the school year of the unit count on work completed and 
time spent working on the educational program for each enrolled student. The district must submit 
a sample to the Department of Education that may serve as sufficient evidence to meet this 
requirement. 

6.2.9 The district must provide evidence of staff monitoring the progress of each student and providing 
feedback to participating students and their parents/guardians. 

6.2.10 The district must show evidence on how progress of students enrolled in the program is 
incorporated into their academic record for meeting the district’s graduation requirements. 

6.2.11 An audit file containing information listed in 6.2 and its subsections must be maintained on all 
students participating in the program and must be presented upon request to the Department of 
Education and/or the State Auditor’s Office. 

8 DE Reg. 1473 (4/1/05) 









7.0 Charter Schools 

7.1 Charter schools shall be allowed the following options in calculating their unit count: 

7.1.1 Using the standard public school procedure: major fraction unit rounding rule in each category; or 

7.1.2 Adding the fractional units in each category, fractional units will be funded 

7.2 Funding for charter schools is limited to students lawfully enrolled in such grades K through 12 as the 
charter school may be approved to operate. Charter schools shall not include any Pre K students in 
their enrollment for unit count purposes. This section shall not be interpreted to authorize any charter 
school to enroll Pre K students. 

8 DE Reg. 1473 (4/1/05) 

8.0 Unit Adjustments After Audit 

If, after the units are certified by the Secretary of Education, a student is disqualified through the 
auditing process from the unit count, the units will be recalculated without that student. Another eligible 
student shall not be substituted for the disqualified student. A special education student who has been 
identified and is receiving special education services and is disqualified from the unit count due to 
irregularities contained within supporting documentation, may then be included in the appropriate 
regular enrollment category provided the student meets eligibility requirements. Only a student 
disqualified by the audit process may be reassigned to another unit category. In no event can this 
adjustment result in a net increase in units for a district. 

2 DE Reg. 382 (9/1/98) 

5 DE Reg. 627 (9/1/01) 

6 DE Reg. 74 (7/1/02) 

8 DE Reg. 1473 (4/1/05) 





DEPARTMENT OF FINANCE 
OFFICE OF THE STATE LOTTERY 
Statutory Authority: 29 Delaware Code, Section 4805 (29 Del.C. §4805) 



203 Video Lottery and Table Game Regulations 







DEPARTMENT OF HEALTH AND SOCIAL SERVICES 
DIVISION OF DEVELOPMENTAL DISABILITIES SERVICES 
Statutory Authority: 29 Delaware Code, Section 7909(A) (29 Del.C. §7909(A)) 



2101 Agency Appeal Process 







1.0 Definitions 

The following words and terms, when used in this regulation, shall have the following meaning unless 
the context clearly indicates otherwise: 

“Appeal” means a DDDS internal evidentiary review of a decision by an objective committee assigned 
by the Division Director or designee. 

“Applicant” means any person who is applying for services from the DDDS. 

“Individual Rights Complaint” means the DDDS formal process for asserting that the rights of an 
individual served have been violated, an internal review concerning the reported rights violation and 
the identification of a plan to improve the situation. 









“Risk Management Committee” means the internal Division committee responsible for reviewing 
identified focus areas situations that present actual or potential danger to individuals served and staff; 
subsequently developing risk reduction strategies. 

2.0 Situations/issues that are eligible to be reviewed via the DDDS appeals process include the 
following: 

2.1 Decisions that involve the omission of choice between institutional care and home and community 
based services. 

2.2 Denial of eligibility for DDDS services. 

2.3 Denial of service provider of choice. 

2.4 Denial, reduction, suspension or termination of services. 

2.5 Dissatisfaction with the outcome of an Individual Rights Complaint. 

3.0 [Efforts shall be made to resolve the situation being contested prior to requesting an appeal DDDS. 

The Division encourages the appellant to attempt to resolve the situation being contested, prior to 
requesting an appeal, although all informal resolution avenues do not need to be exhausted, as a prerequisite.] 


4.0 The implementation of a DDDS decision shall be postponed pending the decision of a DDDS appeal or 
Medicaid Fair Hearing, unless it has already been implemented [or by agreement of the appellant and the 
Division]. 

5.0 A Medicaid recipient may request a Division of Social Services (DSS) Medicaid Fair hearing at any point in 
the appeals process, up to ninety (90) days following receipt of a written notice of the DDDS decision that the 
recipient decides to appeal. 

6.0 The DDDS Appeals Committee chairperson shall make efforts to contact the appellant within five (5) 
working days of receiving the appeals request, unless that appeal is for a disputed eligibility decision. In that case, 
the DDDS Appeals Committee chairperson shall request a copy of the appellant’s intake record within five (5) days 
of receiving the appeal request and make efforts to contact the appellant within five (5) working days of receiving a 
copy of the intake record. 

7.0 The DDDS Appeals Committee chairperson shall review the appeals request with the appellant, provide 
clarification as necessary, explain the appeals process and schedule an appeal review at the following month’s 
appeal hearing contingent on providing a 14 calendar days notice. 

8.0 The DDDS Appeals Committee shall meet with the appellant in person, unless otherwise requested, and 
listen to the reason(s) that a decision is disputed. The appellant has the right to invite guests to the appeal hearing 
and present additional information for consideration. The appellant shall have the opportunity to ask questions, 
request clarification and receive answers. The person or designee who initially made the decision being disputed 
shall also appear at the appeal hearing and explain the rationale for his/her decision. 

9.0 The Division Director shall be notified of the Appeals Committee’s recommendations relative to the 
issue(s) being appealed, with five (5) working days of the appeal hearing. 

10.0 The Division Director shall send written notification to the appellant of the final appeal disposition, within 
fifteen (15) working days of the appeal hearing. The notification shall include a notice regarding the right to 
request a Division of Social Services (DSS) Medicaid Fair Hearing, if the aggrieved person is a Medicaid recipient 
or applying for a Medicaid service. 









12.0 The DDDS Risk Management Committee shall review appeal statistics and trends, on an annual basis or 
as requested by the committee chair or Division Director. 

DIVISION OF SOCIAL SERVICES 
Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) 











DIVISION OF SOCIAL SERVICES 
Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) 





DSSM 9060: Determining Income Deductions 







DEPARTMENT OF INSURANCE 
Statutory Authority: 18 Delaware Code, Sections 314 & 1111 (18 Del.C. §§314, 1111) 

18 DE Admin. Code 1408 

1408 Standards for Prompt, Fair and Equitable Settlement of Claims for Long-Term Care Insurance 







1.0 Authority 

This regulation is adopted by the Commissioner pursuant to 18 Del.C. §§311, 2304(16), and 2312 and 
7107. It is promulgated in accordance with 29 Del.C. Ch. 101. 

2.0 Scope 

This regulation shall apply to all carriers as defined herein. 

3.0 Definitions 

The following words and terms, when used in this regulation, shall have the following meaning unless 
the context clearly indicates otherwise: 

“Carrier” means any entity that provides long-term care insurance in this State. "Carrier" also includes 
any 3rd-party administrator or other entity that adjusts, administers or settles claims in connection with 
long-term care plans. 

“Days” means calendar days. 

“Institutional Provider” means a hospital, nursing home, or any other medical or health-related 
service facility caring for the sick or injured or providing care or other coverage which may be provided 
in a long-term care policy. An entity must be a Provider under this Regulation in order to be an 
Institutional Provider. 









“Policyholder,” “Insured,” or “Subscriber” means a person covered under a long-term care 
insurance policy or a representative (other than a provider) designated by such person and entitled to 
make claims on his behalf. 

“Provider” means any entity or individual licensed, certified, or otherwise permitted by law pursuant to 
Titles 16 or 24 of the Delaware Code to provide long-term care services, irrespective of whether the 
entity or the individual is a participating provider pursuant to a written agreement with the carrier. When 
used alone, the term “provider” shall include individual providers and institutional providers. 

4.0 Prompt Payment of Clean Claims 

4.1 “Claim” means a request for payment of benefits under an in-force policy, regardless of whether the 
benefit claimed is covered under the policy or any terms or conditions of the policy have been met. 

4.2 “Clean Claim” means a claim that has no defect or impropriety, including any lack of required 
substantiating documentation, such as satisfactory evidence of expenses incurred, or particular 
circumstances requiring special treatment that prevents timely payment from being made on the claim. 

4.3 Within thirty (30) days after receipt of a claim for benefits under a long-term care insurance policy or 
certificate, an insurer shall pay such claim if it is a clean claim, or send written notice acknowledging 
the date of receipt of the claim and one of the following: 

4.3.1 The insurer is declining to pay all or part of the claim and the specific reason(s) for denial; or 

4.3.2 That additional information is necessary to determine if all or any part of the claim is payable and 
the specific additional information that is necessary. 

4.4 Within thirty (30) days after the receipt of all the requested additional information, an insurer shall pay 
a claim for benefits under a long-term care insurance policy or certificate if it is a clean claim, or send a 
written notice that the insurer is declining to pay all or part of the claim, and the specific reason or 
reasons for denial. 

4.5 If an insurer fails to comply with 4.3 or 4.4, such an insurer shall pay interest at the rate of 1% per 
month on the amount of the claim that should have been paid but that remains unpaid after forty-five 
(45) days after the receipt of the claim with respect to 4.3 or all requested additional information under 
4.4. The interest payable pursuant to this sub-section shall be included in an late reimbursement 
without requiring the person who filed the original claim to make any additional claim for such interest. 

4.6 These provisions shall not apply where the insurer has a reasonable basis supported by specific 
information that such claim was fraudulently submitted. 

4.7 Any violation of this regulation by an insurer if committed flagrantly and in conscious disregard of the 
provisions of this regulation or with such frequency as to constitute a general business practice shall 
be considered a violation of 18 Del.C. §2304. 

5.0 Waiver 

The provisions of this regulation may not be waived, voided, or nullified by contract. 

6.0 Causes of Action 

This regulation shall not create a private cause of action for any person or entity, other than the 
Delaware Insurance Commissioner, against a carrier or its representative based upon a violation of 18 
Del.C. §2304. 

7.0 Separability 

If any provision of this regulation, or the application of any such provision to any person or 
circumstances, shall be held invalid, the remainder of such provisions, and the application of such 
provisions to any person or circumstance other than those as to which it is held invalid, shall not be 
affected. 









8.0 Effective Date 





DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL 
CONTROL 
DIVISION OF FISH AND WILDLIFE 
Statutory Authority: 7 Delaware Code, Section 903(e)(2)(a) (7 Del.C. §903(e)(2)(a)) 

7 DE Admin. Code 3511 



3511 Summer Flounder Size Limits; Possession Limit; Seasons 







3511 Summer Flounder Size Limits; Possession Limits 



7 DE Reg. 1575 (5/1/04) 

12 DE Reg. 1430 (05/01/09) 







Option 

Season Closure 

Number of 
Open Days 

Bag 
Limit 

Minimum 
Size-inches 

1 

Oct 13 - Dec 31 

285 

4 

18.5 

2 

Oct 26 - Dec 31 

298 

3 

18.5 

3 

365 

2 

18.5 

4 

365 

4 

19.0 





1 DE Reg. 1767 (05/01/98) 

2 DE Reg. 1900 (04/01/99) 

3 DE Reg. 1088 (02/01/00) 

4 DE Reg. 1552 (03/01/01) 

5 DE Reg. 462 (08/01/01) 

5 DE Reg. 2142 (05/01/02) 

6 DE Reg. 1358 (04/01/03) 







7 DE Reg. 1575 (05/01/04) 

8 DE Reg. 1488 (04/01/05) 

9 DE Reg. 1759 (05/01/06) 

10 DE Reg. 1722 (05/01/07) 

11 DE Reg. 1493 (05/01/08) 

12 DE Reg. 1430 (05/01/09) 



DEPARTMENT OF TRANSPORTATION 
DIVISION OF TRANSPORTATION SOLUTIONS 
Statutory Authority: 17 Delaware Code, Sections 134 and 141; 21 Delaware Code, Chapter 41 

(17 Del.C. §§134, 141 and 21 Del.C. Ch. 41) 

2 DE Admin. Code 2402 



2402 Delaware Manual on Uniform Traffic Control Devices, Parts 2, 3, and 6