Delaware Register of Regulations Issue Date: September 1, 2007 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 August 15, 2007. Bombay Hook National Wildlife Refuge, Smyrna, Delaware IN THIS ISSUE: Regulations: Proposed Final Governor: Appointments General Notices Calendar of Events & Hearing Notices 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 The Delaware Register will publish any regulations that are proposed to be adopted, amended or repealed and any emergency regulations promulgated.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: 10 DE Reg. 1690 - 1698 (05/01/07) Refers to Volume 10, pages 1690 - 1698 of the Delaware Register of Regulations issued on May 1, 2007. 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and other interested parties may participate in the process by which administrative regulations are adopted, amended or repealed, and may initiate the process by which the validity and applicability of regulations is determined.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file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title.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 October 1 September 17 4:30 p.m. November 1 October 15 4:30 p.m. December 1 November 15 4:30 p.m. January 1 December 17 4:30 p.m. February 1 January 15 4:30 p.m. DIVISION OF RESEARCH STAFF Deborah A. Porter, Interim Supervisor; Rochelle Yerkes, Administrative Specialist II; Kathleen Morris, Administrative Specialist I; Georgia Roman, Unit Operations Support Specialist; Alice W. Stark, Senior Legislative Attorney; Debbie Puzzo, Research Analyst; Judi Abbott, Administrative Specialist I; Jeffrey W. Hague, Registrar of Regulations; Steve Engebretsen, Assistant Registrar; Victoria Schultes, Administrative Specialist II; Ruth Ann Melson, Legislative Librarian; Deborah J. Messina, Print Shop Supervisor; Don Sellers, Printer. TABLE OF CONTENTS Cumulative Tables.............................................................................................................................. ............ 246 PROPOSED DEPARTMENT OF EDUCATION Office of the Secretary 385 Permits Substitute Teachers.......................................................................................... ............ 248 804 Immunizations................................................................................................................ ............ 250 Professional Standards Board 340 Certification Theater Teacher......................................................................................... ............ 253 1520 Standard Certificate Early Childhood Teacher (Birth to Grade 2)................................ ............ 255 1530 Middle Level Teacher................................................................................................... ............ 258 1531 Middle Level English Language Arts Teacher.............................................................. ............ 261 1534 Middle Level Social Studies Teacher........................................................................... ............ 262 1541 Secondary Health Education Teacher.......................................................................... ............ 264 1571 Secondary Exceptional Children Special Education Teacher...................................... ............ 266 1576 Elementary Exceptional Children Special Education Teacher..................................... ............ 269 DEPARTMENT OF FINANCE Division of Revenue 1151-1 Personal Income Tax Withholding Exemption Certificates........................................ ............ 271 DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Medicaid and Medical Assistance DSSM: 20330.4.1 Annuities.................................................................................................. ............ 274 Division of Public Health 4203 Cancer Treatment Program.......................................................................................... ............ 278 4459 Lead Based Paint Hazards........................................................................................... ............ 280 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Division of Air and Waste Management 1132 Transportation Conformity............................................................................................ ............ 281 Division of Fish and Wildlife Horseshoe Crab Regulations 3203, 3207, 3210, 3211, 3214 and 3215......................... ............ ..... 282 DEPARTMENT OF SAFETY AND HOMELAND SECURITY Division of State Police 2300 Pawn Brokers and Junk Dealers.................................................................................. ............ 288 DEPARTMENT OF STATE Division of Professional Regulation 2000 Board of Occupational Therapy.................................................................................... ............ 290 3700 Board of Examiners of Speech/Language Pathologists, Audiologists ..... and Hearing Aid Dispensers........................................................................................... ............ 294 Office of the State Banking Commissioner 2108/2209 Statement on Subprime Mortgage Lending......................................................... ............ 298 2302 Exemptions................................................................................................................... ............ 298 3402 Surety Bond or Irrevocable Letter of Credit.................................................................. ............ 298 FINAL DEPARTMENT OF AGRICULTURE Delaware Forest Service 402 State Forest Regulations................................................................................................ ............ 307 Harness Racing Commission 501 Harness Racing Rules 3, 4, and 6.................................................................................. ............ 308 TABLE OF CONTENTS DEPARTMENT OF EDUCATION Professional Standards Board 1590 Delaware Administrator Standards............................................................................... ............ 311 DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Medicaid and Medical Assistance Title XIX Medicaid State Plan Attachment 4.19-D Pediatric Nursing Facility ........................ ............ 312 20330 Countable Resources Computation............................................................................ ............ 314 50300 Referral Process......................................................................................................... ............ 318 Title XIX Medicaid State Plan, Employee Education About False Claims Act....................... ............ 319 Division of Social Services DSSM: 1006; 1007 and 9004 Non-Discrimination Policy...................................................... ............ 325 9013.1 Household Definition.................................................................................................. ............ 332 DEPARTMENT OF INSURANCE 1216 Military Sales Practices....................................................................................................... ............ 333 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Division of Fish and Wildlife 3900 Wildlife Regulations...................................................................................................... ............ 334 DEPARTMENT OF STATE Division of Professional Regulation 200 Board of Landscape Architects....................................................................................... ............ 347 700 Board of Chiropractic...................................................................................................... ............ 348 3600 Board of Registration of Geologists.............................................................................. ............ 349 GOVERNOR Appointments...................................................................................................................................... ............ 351 GENERAL NOTICES DEPARTMENT OF FINANCE Division of Revenue Technical Information Memorandum 2007- 02 Legislation Passed ...................................... ............ 356 CALENDAR OF EVENTS/HEARING NOTICES Delaware River Basin Commission, Notice of Public Hearing and Business Meeting.................... ............ 359 State Board of Education Monthly Meeting .................................................................................... ............ 359 Dept. of Finance Div. of Revenue, Notice of Public Comment Period..................................................................... ............ 359 Dept. of Health and Social Services Div. of Medicaid and Medical Assistance, Notice of Public Comment Period.............................. ............ 360 Div. of Public Health, Notices of Public Hearings......................................................................... ............ 361 Dept. of Natural Resources and Environmental Control Div. of Air and Waste Management, Notice of Public Hearing..................................................... ............ 362 Div. of Fish and Wildlife, Notice of Public Hearing....................................................................... ............ 362 Dept. of Safety and Homeland Security Div. of State Police, Notices of Public Comment Period.............................................................. ............ 363 Dept. of State Div. of Professional Regulation, Notices of Public Hearings........................................................ ............ 364 Office of the State Banking Commissioner, Notice of Public Hearing.......................................... ............ 365 CUMULATIVE TABLES The table printed below lists the regulations that have been proposed, adopted, amended or repealed in the preceding issues of the current volume of the Delaware Register of Regulations. The regulations are listed alphabetically by the promulgating agency, followed by a citation to that issue of the Register in which the regulation was published. Proposed regulations are designated with (Prop.); Final regulations are designated with (Final); Emergency regulations are designated with (Emer.); and regulations that have been repealed are designated with (Rep.). DELAWARE COUNCIL ON POLICE TRAINING 1901 Delaware Council on Police Training .............................................................. ..... 11 DE Reg. 6 (Prop.) 11 DE Reg. 180 (Final) DELAWARE RIVER BASIN COMMISSION Revised Proposed Amendments to the Comprehensive Plan and Water Code Relating to a Flexible Flow Management Plan for Operation of the New York City Delaware Basin Reservoirs ............................................................................................... ..... 11 DE Reg. 8 (Prop.) DEPARTMENT OF AGRICULTURE Delaware Forest Service 402 State Forest Regulations ............................................................................ ..... 11 DE Reg. 10 (Prop.) DEPARTMENT OF EDUCATION Office of the Secretary 106 Teacher Appraisal Process Delaware Performance Appraisal System ( DPAS II)....................................................................................................... ..... 11 DE Reg. 121 (Prop.) 107 Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II)...................................................................................................... ..... 11 DE Reg. 132 (Prop.) 108 Administrator Appraisal Process Delaware Performance Appraisal System (DPAS II)...................................................................................................... ..... 11 DE Reg. 143 (Prop.) 923 Children with Disabilities, Subpart B, General Duties and Eligibility of Agencies.................................................................................................. ..... 11 DE Reg. 181 (Final) 925 Children with Disabilities, Subpart D, Evaluations, Eligibility Determination, Individualized Education Programs............................................................. ..... 11 DE Reg. 184 (Final) DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Developmental Disabilities 2100 Eligibility Criteria........................................................................................ ..... 11 DE Reg. 18 (Prop.) Division of Medicaid and Medical Assistance DSSM: 20330 Countable Resources Computation ........................................... ..... 11 DE Reg. 20 (Prop.) 50300 Referral Process........................................................................ .....11 DE Reg. 21 (Prop.) Division of Public Health 4203 Cancer Treatment Program....................................................................... ..... 11 DE Reg. 115 (Emer.) 4469 Personal Assistance Services Agencies................................................... ..... 11 DE Reg. 196 (Final) Division of Social Services DSSM: 1006 Civil Rights and Non-Discrimination; 1007 Complaint Procedures and 9004 Non-Discrimination Policy ............................................................ ..... 11 DE Reg. 23 (Prop.) 9013.1 Household Definition ................................................................ ..... 11 DE Reg. 25 (Prop.) 9032 Mandatory Verification.................................................................. ..... 11 DE Reg. 216 (Final) 9033 Verification of Questionable Information....................................... ..... 11 DE Reg. 216 (Final) 9038 Verification Subsequent to Initial Certification.............................. ..... 11 DE Reg. 216 (Final) DEPARTMENT OF INSURANCE 101 Organization, Methods and Operations of the Delaware Insurance Commission [Formerly Reg. 25].............................................................................................. ..... 11 DE Reg. 218 (Final) CUMULATIVE TABLES 608 Automobile Insurance Coverage [Formerly Regulation 45].............................. ......11 DE Reg. 220 (Final) 1216 Military Sales Practices .................................................................................. ......11 DE Reg. 26 (Prop.) 1217 Unfair Discrimination in Life Insurance, Annuities and Health Insurance on the Basis of Physical or Mental Impairment ............................................................ ......11 DE Reg. 32 (Prop.) 1301 Internal Review, Arbitration and Independent Utilization Review of Health Insurance Claims.............................................................................................. ......11 DE Reg. 68 (Final) 1403 Managed Care Organizations ........................................................................ ......11 DE Reg. 73 (Final) DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Division of Air and Waste Management 1138 Emission Standards for Hazardous Air Pollutants for Source Categories Part 6.0 ....................................................................................................... ......11 DE Reg. 152 (Prop.) Parts 8.0 and 12.0....................................................................................... ......11 DE Reg. 221 (Final) 1142 Specific Emission Control Requirements, Section 2.0 Control of NOx Emissions from Industrial Boilers and Process Heaters at Petroleum Refineries ................................................................................................... ......11 DE Reg. 75 (Final) 1148 Control of Stationary Combustion Turbine Electric Generating Unit Emissions.................................................................................................... ......11 DE Reg. 80 (Final) Division of Fish and Wildlife 3521 Weakfish Size Limits; Possession Limits; Seasons.................................. ......11 DE Reg. 153 (Prop.) 3900 Wildlife Regulations ................................................................................. ......11 DE Reg. 33 (Prop.) DEPARTMENT OF STATE Division of Professional Regulation 400 Delaware Gaming Control Board, (Regulations 401, 403 and 404)........... ......11 DE Reg. 155 (Prop.) 500 Board of Podiatry, Sections 7 and 9........................................................... ......11 DE Reg. 157 (Prop.) 1800 Board of Plumbing, Heating, Ventilation, Air Conditioning, and Refrigeration Examiners .................................................................................................. ......11 DE Reg. 86 (Final) 2500 Board of Pharmacy, Section 2.................................................................. ......11 DE Reg. 222 (Final) Section 3..................................................................................................... ......11 DE Reg. 167 (Prop.) 2900 Real Estate Commission.......................................................................... ......11 DE Reg. 87 (Final) 2930 Council on Real Estate Appraisers........................................................... ......11 DE Reg. 171 (Prop.) 3000 Board of Professional Counselors of Mental Health and Chemical Dependency Professionals......................................................................... ......11 DE Reg. 225 (Final) 3300 Board of Veterinary Medicine................................................................... ......11 DE Reg. 88 (Final) 3600 Board of Registration of Geologists ......................................................... ......11 DE Reg. 55 (Prop.) 3800 Committee on Dietetics/Nutrition.............................................................. ......11 DE Reg. 226 (Final) 4400 Delaware Manufactured Home Installation Board.................................... ......11 DE Reg. 177 (Prop.) 5300 Board of Massage and Bodywork............................................................. ......11 DE Reg. 178 (Prop.) Office of the State Bank Commissioner 2107/2208 Guidance On Nontraditional Mortgage Product Risks 5 Del.C. §2110(a), §2210(a)........................................................................ ......11 DE Reg. 90 (Final) DEPARTMENT OF TRANSPORTATION Division of Planning and Policy Standards and Regulations for Subdivision Streets and State Highway Access ....11 DE Reg. 67 (Prop.) Division of Transportation Solutions Uniform Traffic Control Devices......................................................................... ......11 DE Reg. 227 (Final) GOVERNOR’S OFFICE Executive Orders: No. 98, Establishing The Leadership For Education Achievement In Delaware Committee.............. 229 No. 99, Study By The State Fire Prevention Commission Regarding Audits Of Volunteer Fire Companies........................................................................................................................... 230 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 385 Educational Impact Analysis Pursuant to 14 Del.C. Section 122(d) 385 Permits Substitute Teachers A. Type of Regulatory Action Requested Repeal B. Synopsis of Subject Matter of Regulation The Department of Education seeks to repeal Regulation 14 DE Admin.Code §385 Permits Substitute Teachers because House Bill No. 250 of the 144th General Assembly Epilogue section 345 amends 14 Del.C. Chapter 12 by deleting the subchapter related to substitute teachers. Persons wishing to present their views regarding this matter may do so in writing by the close of business on October 5, 2007 to Dr. Susan Haberstroh, Regulation Review, 401 Federal Street, Dover, Delaware 19901. Copies of this regulation are available from the above address or may be viewed at the Delaware Department of Education. C. Impact Criteria 1. Will the repeal of the regulations help improve student achievement as measured against state achievement standards? The repealed regulation concern certifications for educators, not student achievement. 2. Will the repeal of the regulations help ensure that all students receive an equitable education? The repealed regulation concern certification regulations for educators, not equitable education for students. 3. Will the repeal of the regulations help to ensure that all students’ health and safety are adequately protected? The repealed regulation concern certification of educators, not students’ health and safety. 4. Will the repeal of the regulations help to ensure that all students’ legal rights are respected? The repealed regulation address educator certification, not students’ legal rights. PROPOSED REGULATIONS 5. Will the repealed regulations preserve the necessary authority and flexibility of decision makers at the local board and school level? The repeal of the regulation will preserve the authority and flexibility of decision makers at the local board and school level. 6. Will the repealed regulations place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The repeal of the 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 regulation remains at in same entity as practice. 8. Will the repeal of the regulations be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The repeal of the regulation will be consistent with, and not an impediment to, the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies. 9. Is there a less burdensome method for addressing the purpose of the repeal of regulations? The repeal of regulation is designed to reduce the burden placed on school districts. 10. What is the cost to the state and to the local school boards of compliance with the repeal of the regulations? There will be no cost to the state or to local school boards resulting from the repeal of the regulation. 385 Permits Substitute Teachers Effective July 1, 1993 1.0 Permits shall be issued according to the following four categories 1.1 Class A, A Class A certificate may be issued to an applicant who holds or is eligible to hold a valid Standard Delaware teacher's certificate or such a certificate that has expired. In the case of a certificate that has expired, the applicant for the substitute certificate shall not be required to present refresher courses for issuance of the substitute's certificate. 1.2 Class B, A Class B certificate may be issued to an applicant with or without a Bachelor's degree who meets at least the requirements for a temporary emergency certificate as set forth in Types of Certificates, Section IV. 1.3 Class C, A Class C certificate may be issued to an applicant who is not eligible for either Class A or Class B certification but who is recommended to the Secretary of Education by the local district superintendent of a Delaware public school district. 1.3.1 A student currently enrolled in a four year degree granting institution who desires to serve as a substitute teacher may be employed as a Class C substitute without the formality of submitting a transcript or health certificate. (State Board of Education, November 12, 1970) 1.4 Class D, A Class D certificate may be issued to an applicant who is eligible for or holds a Class A, B, or C certificate, but who prefers on a given date to perform substitute teaching assignments as a volunteer worker, or at a wage rate to be determined by the Board of Education of the employing school district. NOTE: Your attention is called to the fact that there must be local board action to implement this classification. (Class D Substitute, Approved by the State Board of Education, December 16, 1971 in compliance with 14 Del.C. §1230). PROPOSED REGULATIONS OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Section 122(d) (14 Del.C. §122(d)) 14 DE Admin. Code 804 Educational Impact Analysis Pursuant to 14 Del.C. Section 122(d) 804 Immunizations A. Type of Regulatory Action Required Amendment to Existing Regulation B. Synopsis of Subject Matter of the Regulation The Secretary of Education seeks to amend 14 DE Admin. Code 804 Immunizations in order to correct an error with the effective date for the requirement of two doses of the varicella vaccine for new school enterers. The current date in the regulation “Beginning in the 2007-2008 school year” does not give districts and schools adequate notice to parents. The amendment reflects the change of the effective date to the 2008-2009 school year. Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before October 5, 2007 to Susan Haberstroh, Education Associate, Regulation Review, Department of Education, at 401 FEDERAL STREET, SUITE 2, DOVER, DELAWARE 19901. A copy of this regulation is available from the above address or may be viewed at the Department of Education business office. C. Impact Criteria 1. Will the amended regulation help improve student achievement as measured against state achievement standards? The regulation does not address effect student achievement. 2. Will the amended regulation help ensure that all students receive an equitable education? This regulation does not address students receiving an equitable education. 3. Will the amended regulation help to ensure that all students’ health and safety are adequately protected? This regulation does address student health and this regulation continues to ensure students’ health and safety are adequately protected. 4. Will the amended regulation help to ensure that all students’ legal rights are respected? This regulation does not address student legal rights 5. Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? This regulation does not effect the authority or flexibility of decision making at the local board or 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? This regulation does not place unnecessary reporting or administrative requirements or mandates on local board or school levels. 7. Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? This regulation addresses immunizations and the authority and accountability is not affected. 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? This regulation does not impede on the implementation of other state educational policies. 9. Is there a less burdensome method for addressing the purpose of the regulation? No, there is not a less burdensome method of addressing immunizations of students and this amendment does not change this. 10. What is the cost to the State and to the local school boards of compliance with the regulation? There are not costs to the State or local school board for compliance to this regulation. PROPOSED REGULATIONS 804 Immunizations 1.0 Definition "School Enterer" means any child between birth and twenty (20) years inclusive entering or being admitted to a Delaware school district for the first time, including but not limited to, foreign exchange students, immigrants, students from other states and territories and children entering from nonpublic schools. 10 DE Reg. 1807 (06/01/07) 2.0 Minimum Immunizations Required for All School Enterers 2.1 All School Enterers shall have immunizations given up to four days prior to the minimum interval or age and shall include: 2.1.1 Four or more doses of diphtheria, tetanus, pertussis (DTaP, DTP, or other approved vaccine) or a combination of these vaccines. A booster dose of Td or Tdap (adult) is recommended by the Division of Public Health for all students at age 11 or five years after the last DTaP, DTP or DT dose was administered whichever is later. Notwithstanding this requirement: 2.1.1.1 A child who received a fourth dose prior to his or her fourth birthday shall have a fifth dose; 2.1.1.2 A child who received the first dose of Td (adult) at or after age seven may meet this requirement with only three doses of Td or Tdap (adult). 2.1.2 Three or more doses of inactivated polio virus (IPV), oral polio vaccine (OPV), or a combination of these vaccines with the following exception: a child who received a third dose prior to the fourth birthday shall have a fourth dose. 2.1.3 Two doses of measles, mumps and rubella (MMR) vaccine. The first dose should be administered on or after the age of 12 months. The second dose should be administered after the fourth birthday. Individual combination vaccines of measles, mumps, rubella (MMR) may be used to meet this requirement. 2.1.3.1 Disease histories for measles, rubella and mumps shall not be accepted unless serologically confirmed. 2.1.4 Three doses of Hepatitis B vaccine. 2.1.4.1 For children 11 to 15 years old age, two doses of a vaccine approved by the Center for Disease Control (CDC) may be used. 2.1.4.2 Titers are not acceptable in lieu of completing the vaccine series and a disease history for Hepatitis B shall not be accepted unless serologically confirmed. 2.1.5 Varicella vaccine is required beginning in the 2003-2004 school year with kindergarten. One grade shall be added each year thereafter so that by the 2015-2016 school year all children in grades kindergarten through 12 shall have received the vaccination. Beginning in the 2007-2008 2008-2009 school year new enterers into the affected grades shall be required to have two doses of the Varicella vaccine. The first dose shall be administered on or after the age of twelve (12) months and the second at kindergarten entry into a Delaware public school. A written disease history, provided by the health care provider, parent, legal guardian, Relative Caregiver or School Enterer who has reached the statutory age of majority (18), 14 Del.C. §131(a)(9), will be accepted in lieu of the Varicella vaccination. Beginning in the 2008-2009 school year, a disease history for the Varicella vaccination must be verified by a health care provider to be exempted from the vaccination. 2.2 Children who enter school prior to age four (4) shall follow current Delaware Division of Public Health recommendations. 10 DE Reg. 1807 (06/01/07) 3.0 Certification of Immunization 3.1 The parent, legal guardian, Relative Caregiver or a School Enterer who has reached the statutory age of majority (18), 14 Del.C. §131(a)(9), shall present a certificate specifying the month, day, and year that the immunizations were administered by a licensed health care practitioner. 3.2 According to 14 Del.C. §131, a principal or person in charge of a school shall not permit a child to enter into school without acceptable evidence of immunization. The parent, legal guardian, Relative Caregiver or a School Enterer who has reached the statutory age of majority (18), 14 Del.C. §131(a)(9), shall be notified of this requirement in writing. Within 14 calendar days after notification, evidence must be presented to the school that the basic series of immunizations has been initiated or has been completed. PROPOSED REGULATIONS 3.3 A school enterer may be conditionally admitted to a Delaware school district by presenting a statement from a licensed health care practitioner who specifies that the School Enterer has received at least: 3.3.1 One dose of DTaP, or DTP, or DT; and 3.3.2 One dose of IPV or OPV; and 3.3.3 One dose of measles, mumps and rubella (MMR) vaccine; and 3.3.4 The first dose of the Hepatitis B series; and 3.3.5 One dose of Varicella vaccine as per 2.5. 3.4 14 DE Admin. Code 901 Education of Homeless Children and Youth 6.0 states that "School districts shall ensure that policies concerning immunization, guardianship and birth certificates do not create barriers to the school enrollment of homeless children and youth". To that end, school districts shall as stated in 14 DE Admin. Code "assist homeless children and youth in meeting the immunization requirements". 3.5 If the school enterer fails to complete the series of required immunizations the parent, legal guardian, Relative Caregiver or a school enterer who has reached the statutory age of majority (18), 14 Del.C. §131(a)(9), shall be notified that the School Enterer will be excluded according to 14 Del.C. §131. 10 DE Reg. 1807 (06/01/07) 4.0 Lost or Destroyed Immunization Record When a student’s immunization record has been lost or destroyed by the medical provider who administered the vaccine, the parent, legal guardian, Relative Caregiver or a school enterer who has reached the statutory age of majority (18), 14 Del.C. §131(a)(9),shall sign a written statement to this effect and must obtain at least one dose of each of the immunizations as identified in 3.3. Evidence that the vaccines were administered shall be presented to the superintendent or his or her designee. 10 DE Reg. 18707 (06/01/07) 5.0 Exemption from Immunization 5.1 Exemption from this requirement may be granted in accordance with 14 Del.C. §131 which permits approved medical and notarized religious exemptions. 5.2 Alternative dosages or immunization schedules may be accepted with the written approval of the Delaware Division of Public Health. 10 DE Reg. 1807 (06/01/07) 6.0 Verification of School Records The Delaware Division of Public Health shall have the right to audit and verify school immunization records to determine compliance with the law. 1 DE Reg. 1808 (05/01/98) 4 DE Reg. 1515 (03/01/01) 5 DE Reg. 2295 (06/01/02) 10 DE Reg. 1807 (06/01/07) 7.0 Documentation 7.1 School nurses shall record and maintain documentation of each student's immunization status. 7.2 Each student's immunization record shall be included in the Delaware Immunization Registry. 1 DE Reg. 1808 (05/01/98) 4 DE Reg. 1515 (03/01/01) 5 DE Reg. 2295 (06/01/02) 10 DE Reg. 1807 (06/01/07) PROPOSED REGULATIONS PROFESSIONAL STANDARDS BOARD Statutory Authority: 14 Delaware Code, Section 1205(b) (14 Del.C. §1205(b)) 14 DE Admin. Code 340 Educational Impact Analysis Pursuant to 14 Del.C. Section 122(d) 340 Certification Theater Teacher A. Type of Regulatory Action Requested Amendment to Existing Regulation B. Synopsis of Subject Matter of 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 340 Certification Theater Teacher. This regulation concerns the requirements for certification of educational personnel, pursuant to 14 Del.C. §1220(a). It is necessary to amend this regulation in order to update and broaden the certification area, and to bring it under the auspices of the Professional Standards Board as required in 14 Del.C. The amended regulation title will read 1558 Theater or Dance Teacher. This amended regulation sets forth the requirements for a Theater or Dance Teacher. Persons wishing to present their views regarding this matter may do so in writing by the close of business on Monday, October 1, 2007 to Mr. Charlie Michels, Executive Director, Delaware Professional Standards Board, the Townsend Building, 401 Federal Street, Dover, Delaware 19901. Copies of this regulation are available from the above address or may be viewed at the Professional Standards Board Business Office. 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. 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 PROPOSED REGULATIONS 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. 340 Certification Theater Teacher Effective July 1, 1993 1.0 Standard License The Following Shall be Required for the Standard License in Grades 9 to 12 and is Valid in Grades 5 to 8 in a Middle Level School. 1.1 Bachelor's degree from an accredited college and, 1.2 Completion of an approved teacher education program in Theater. 2.0 The following shall be required for the Standard Endorsement (for teachers with 3 or fewer classes of theater) 2.1 Standard Delaware License in a secondary content area and, 2.2 A minimum of 15 semester hours from the following areas of Theater: History of the Theater, Play Direction, Acting, Stagecraft, Play Production, Voice and Speech, Stage Management, Make up and Costuming, Stage Lighting, and/or Methods of Teaching Theater and Drama. 3.0 Licenses that may be issued for this position include Standard, Standard Endorsement and Limited Standard 3.1 The Limited Standard license may be issued upon request of a Delaware public school district for a teacher employed for this position who meets the standards set forth in 2.3 of regulation 301 General Regulations for Certification of Professional Public School Personnel. 1558 Theater or Dance Teacher 1.0 Content 1.1 This regulation shall apply to the issuance of a Standard Certificate, pursuant to 14 Del.C. §1220(a), for Theater Teacher or Dance Teacher. This certification is required for grades 9 to12, and is valid in grades 5 to 8 in a Middle Level school. 1.2 Except as otherwise provided, the requirements set forth in 14 DE Admin Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 2.0 Definitions 2.1 The definitions set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 2.2 The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: “Approved Accrediting Agency” means a National, Regional, or Specialized Accrediting agency or association that appears on the list of recognized accrediting agencies published by the United States Secretary of Education or any other accrediting agency the Delaware Secretary of Education, deems within his or her discretion, to be reliable or be equivalent to those on the published list. “Accredited institution” means an institution that has received accreditation from an approved accrediting agency. 3.0 Standard Certificate 3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as a Theater Teacher or Dance Teacher to an educator who has met the following: 3.1.1 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; and, PROPOSED REGULATIONS 3.1.2 Has met the requirements as set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto; and, 3.1.3 Has satisfied the additional requirements in this regulation. 4.0 Additional Requirements An educator must also meet the following: 4.1 If the educator is applying for their Standard Certificate as a Theater Teacher pursuant to 14 DE Admin. Code 1505 Standard Certificate 3.1.5, the educator must also have obtained from an accredited institution certification in Theater; or 4.2 If the educator is applying for their Standard Certificate as a Dance Teacher pursuant to 14 DE Admin. Code 1505 Standard Certificate 3.1.5, the educator must also have obtained from an accredited institution certification in Dance. PROFESSIONAL STANDARDS BOARD Statutory Authority: 14 Delaware Code, Section 1205(b) (14 Del.C. §1205(b)) 14 DE Admin. Code 1520 Educational Impact Analysis Pursuant to 14 Del.C. Section 122(d) 1520 Early Childhood Teacher A. Type of Regulatory Action Requested Amendment to Existing Regulation B. Synopsis of Subject Matter of 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 1520 Early Childhood Teacher. The regulation concerns the requirements for certification of educational personnel, pursuant to 14 Del.C. §1220(a). It is necessary to amend this regulation given that the existing regulation reverted to 14 DE Admin. Code 1505 Standard Certificate in June of 2006. This regulation sets forth the requirements for an Early Childhood Teacher. Persons wishing to present their views regarding this matter may do so in writing by the close of business on Monday, October 1, 2007 to Mr. Charlie Michels, Executive Director, Delaware Professional Standards Board, The Townsend Building, 401 Federal Street, Dover, Delaware 19901. Copies of this regulation are available from the above address or may be viewed at the Professional Standards Board Business Office. 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 PROPOSED REGULATIONS 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. 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 adopted regulation? There is no additional cost to local school boards for compliance with the regulation. 1520 Early Childhood Teacher 1.0 Content This regulation shall apply to the requirements for a Standard Certificate, pursuant to 14 Del.C. §1220(a), for Early Childhood Teacher (Birth to Grade 2). 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. “Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201. “State Board” means the State Board of Education of the State of Delaware established pursuant to 14 Del.C. §104. 3.0 Issuance of Certificate In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as an Early Childhood Teacher 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 an NCATE specialty organization recognized educator preparation program offered by a regionally accredited college or university, with a major in Early Childhood Education; or 3.2 A bachelor’s degree from a state approved educator preparation program offered by a regionally accredited college or university, with a major in Early Childhood Education, where the state approval body employed the appropriate NCATE specialty organization standards for early childhood teacher education; or 3.3 Passage of the appropriate PRAXIS™ II test approved by the Standards Board and the State Board; or PROPOSED REGULATIONS 3.4 A bachelor’s degree from an NCATE or state approved program, where the state approval body employed the appropriate NASDTEC standards or NCATE specialty organization standards, offered by a regionally accredited college or university, with a major in Primary or Elementary Education; and 3.4.1 At least eighteen (18) semester hours of course work, specific to the birth to age five (5) child, taken either as part of the degree program or in addition to it, as follows: 3.4.1.1 Children’s Growth, Development and Learning (Birth to age five (5)) (3 credits); 3.4.1.2 Early Childhood Curriculum Development, Assessment, Content, and Implementation (6 credits); 3.4.1.3 Language Development and Early Literacy in Young Children (3 credits); 3.4.1.4 Family Development and Service Systems for Children and Families (3 credits); and 3.4.1.5 Development and Programming for Young Children with Special Needs (3 credits); or 3.5 A bachelor’s degree from a regionally accredited college or university in any field, and 3.5.1 A minimum of forty five (45) semester hours of general content course work, taken either as part of the degree program or in addition to it, as follows: 3.5.1.1 English, including an upper level composition course and a literature course (9 semester hours); 3.5.1.2 A total of twelve (12) semester hours of science, including one course each in Life and Environmental, Earth and Space and Physical Sciences; 3.5.1.3 Social sciences, including world history, American history, political science, economics and geography (9 semester hours); 3.5.1.4 Mathematics (9 semester hours); and 3.5.1.5 Fine Arts or Humanities (6 semester hours); and 3.5.2 A minimum of thirty nine (39) semester hours of course work, taken either as part of the degree program or in addition to it, as follows: 3.5.2.1 Children’s Growth, Development, and Learning (Birth to age 8) (6 semester hours); 3.5.2.2 Identifying and Teaching Children with Exceptional Needs (6 semester hours); 3.5.2.3 Early Childhood Curriculum Development, Assessment, Content, and Implementation, including a practicum of no less than 50 hours (Birth to age 8) (9 semester hours); 3.5.2.4 Professional Issues in Early Childhood Education (3 semester hours); 3.5.2.5 Language Development, Early Literacy and Reading in Young Children (9 semester hours); 3.5.2.6 Parent, Family, Community Interactions (3 semester hours); and 3.5.2.7 Family Development and Service Systems for Children and Families (3 semester hours). 4.0 Applicability This regulation shall be effective through June 30, 2006 only. Applicants who apply for a standard certificate as an Early Childhood Teacher after that date must comply with the requirements set forth in 14 DE Admin. Code 1505. 8 DE Reg. 1612 (5/1/05) Renumbered effective 6/1/07 -see Conversion Table 1520 Early Childhood Teacher 1.0 Content 1.1 This regulation shall apply to the issuance of a Standard Certificate, pursuant to 14 Del.C. §1220(a), for Early Childhood Teacher. This certification is valid for birth to grade 2. 1.2 Except as otherwise provided, the requirements set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. PROPOSED REGULATIONS 2.0 Definitions 2.1 The definitions set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 3.0 Standard Certificate 3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as an Early Childhood Teacher to an educator who has met the following: 3.1.1 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; and, 3.1.2 Has met the requirements as set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto; and, 3.1.3 Has satisfied the additional requirements in this regulation. 4.0 Additional Requirements If an examination of content knowledge such as Praxis II is not applicable and available, in the area the Standard Certificate is requested, an educator must also meet the following: 4.1 If the educator is applying for their second Standard Certificate pursuant to 14 DE Admin. Code 1505 Standard Certificate 3.1.5, the satisfactory completion of fifteen (15) credits or their equivalent in professional development related to Early Childhood Education, selected by the applicant with the approval of the employing school district or charter school which is submitted to the Department. PROFESSIONAL STANDARDS BOARD Statutory Authority: 14 Delaware Code, Section 1205(b) (14 Del.C. §1205(b)) 14 DE Admin. Code 1530 Educational Impact Analysis Pursuant to 14 Del.C. Section 122(d) 1530 Middle Level Teacher A. Type of Regulatory Action Requested Amendment to Existing Regulation B. Synopsis of Subject Matter of 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 1530 Middle Level Teacher. The regulation concerns the requirements for certification of educational personnel, pursuant to 14 Del.C. §1220(a). It is necessary to amend this regulation given that the existing regulation reverted to DE Admin. Code 1505 Standard Certificate in June of 2006. This regulation sets forth the requirements for a Middle Level Teacher. Persons wishing to present their views regarding this matter may do so in writing by the close of business on Monday October 1, 2007 to Mr. Charlie Michels, Executive Director, Delaware Professional Standards Board, The Townsend Building, 401 Federal Street, Dover, Delaware 19901. Copies of this regulation are available from the above address or may be viewed at the Professional Standards Board Business Office. 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 PROPOSED REGULATIONS 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. 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 adopted regulation? There is no additional cost to local school boards for compliance with the regulation. 1530 Middle Level Teacher 1.0 Content 1.1 This regulation shall apply to the requirements for a Standard Certificate, pursuant to 14 Del.C. §1220(a), for Middle Level Teacher (Grades 6 to 8). 7 DE Reg. 775 (12/1/03) 7 DE Reg. 1749 (6/1/04) 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. “Major or Its Equivalent” means a minimum of thirty (30) credits in the content area to be taught. “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) 7 DE Reg. 1749 (6/1/04) 3.0 Standard Certificate In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as a Middle Level Teacher 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 PROPOSED REGULATIONS requirements: 3.1 Degree Requirement 3.1.1 Bachelor's degree from a regionally accredited college or university with a major or its equivalent in the content area to be taught; and 3.1.1.1 Appropriate pedagogical content courses consistent with the NASDTEC or NCATE specialty organization standards for middle school or the content specialization to be taught; or 3.1.2 Bachelor's degree from a regionally accredited college or university in an NCATE specialty organization or state approved program, where the state employed the appropriate NASDTEC or NCATE specialty organization standards in Elementary or Middle School Education. 7 DE Reg. 775 (12/1/03) 7 DE Reg. 1749 (6/1/04) 4.0 Effective Date This regulation shall be effective through June 30, 2006 only. Applicants who apply for a Standard Certificate as a middle level teacher after that date must comply with the requirements set forth in 14 DE Admin. Code 1505. 7 DE Reg. 775 (12/1/03) 7 DE Reg. 1749 (6/1/04) Renumbered effective 6/1/07 - see Conversion Table 1.0 Content 1.1 This regulation shall apply to the issuance of a Standard Certificate, pursuant to 14 Del.C. §1220(a), for Middle Level Teacher. This certification is required for grades 6 to 8, and is valid in grade 5 in a Middle Level school. This regulation applies to Middle Level Teachers of English/Language Arts, Social Studies, Mathematics, and Science. Teachers who hold Standard Certificates as secondary teachers in any of the content areas listed may also be employed as Middle Level Teachers. 1.2 Except as otherwise provided, the requirements set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 2.0 Definitions 2.1 The definitions set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 3.0 Standard Certificate 3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as a Middle Level Teacher to an educator who has met the following: 3.1.1 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; and, 3.1.2 Has met the requirements as set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto; and, 3.1.3 Has satisfied the additional requirements in this regulation. 4.0 Additional Requirements If an examination of content knowledge such as Praxis II is not applicable and available, in the area the Standard Certificate is requested, an educator must also meet the following: 4.1 If the educator is applying for their second Standard Certificate pursuant to 14 DE Admin. Code 1505 Standard Certificate 3.1.5, the satisfactory completion of fifteen (15) credits or their equivalent in professional development related to Middle Level Education, selected by the applicant with the approval of the employing school district or charter school which is submitted to the Department. PROPOSED REGULATIONS PROFESSIONAL STANDARDS BOARD Statutory Authority: 14 Delaware Code, Section 1205(b) (14 Del.C. §1205(b)) 14 DE Admin. Code 1531 Educational Impact Analysis Pursuant to 14 Del.C. Section 122(d) 1531 Middle Level English Language Arts Teacher A. Type of Regulatory Action Requested New Regulation B. Synopsis of Subject Matter of 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 adopt regulation 14 DE Admin. Code 1531 Middle Level English Language Arts Teacher. The regulation concerns the requirements for certification of educational personnel, pursuant to 14 Del.C. §1220(a). It is necessary to adopt this regulation in order to complete the compilation of certification regulations of the middle level core curricular areas. This regulation sets forth the requirements for a Middle Level English Language Arts Teacher. Persons wishing to present their views regarding this matter may do so in writing by the close of business on Monday October 1, 2007 to Mr. Charlie Michels, Executive Director, Delaware Professional Standards Board, The Townsend Building, 401 Federal Street, Dover, Delaware 19901. Copies of this regulation are available from the above address or may be viewed at the Professional Standards Board Business Office. 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 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, PROPOSED REGULATIONS 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. 1531 Middle Level English Language Arts Teacher 1.0 Content 1.1 This regulation shall apply to the issuance of a Standard Certificate, pursuant to 14 Del.C. §1220(a), for Middle Level English Language Arts Teacher. This certification is required for grades 7 and 8, and is valid in grades 5 and 6 in a Middle Level school. 1.2 Except as otherwise provided, the requirements set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 2.0 Definitions 2.1 The definitions set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 3.0 Standard Certificate 3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as a Middle Level English Language Arts Teacher to an educator who has met the following: 3.1.1 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; and, 3.1.2 Has met the requirements as set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto. PROFESSIONAL STANDARDS BOARD Statutory Authority: 14 Delaware Code, Section 1205(b) (14 Del.C. §1205(b)) 14 DE Admin. Code 1534 Educational Impact Analysis Pursuant to 14 Del.C. Section 122(d) 1534 Middle Level Social Studies Teacher A. Type of Regulatory Action Requested New Regulation B. Synopsis of Subject Matter of 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 adopt regulation 14 DE Admin. Code 1534 Middle Level Social Studies Teacher. The regulation concerns the requirements for certification of educational personnel, pursuant to 14 Del.C. §1220(a). It is necessary to adopt this regulation in order to complete the compilation of certification regulations of the middle level core curricular areas. This regulation sets forth the requirements for a Middle Level Social Studies Teacher. Persons wishing to present their views regarding this matter may do so in writing by the close of business on Monday October 1, 2007 to Mr. Charlie Michels, Executive Director, Delaware Professional Standards Board, The Townsend Building, 401 Federal Street, Dover, Delaware 19901. Copies of this regulation are available from the above address or may be viewed at the Professional Standards Board Business Office. PROPOSED REGULATIONS 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 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. 1534 Middle Level Social Studies Teacher 1.0 Content 1.1 This regulation shall apply to the issuance of a Standard Certificate pursuant to 14 Del.C. §1220(a), for Middle Level Social Studies Teacher. This certification is required for grades 7 and 8, and is valid in grades 5 and 6 in a Middle Level school. 1.2 Except as otherwise provided, the requirements set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 2.0 Definitions 2.1 The definitions set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 3.0 Standard Certificate 3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as a Middle Level Social Studies Teacher to an educator who has met the following: 3.1.1 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; and, PROPOSED REGULATIONS 3.1.2 Has met the requirements as set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto. PROFESSIONAL STANDARDS BOARD Statutory Authority: 14 Delaware Code, Section 1205(b) (14 Del.C. §1205(b)) 14 DE Admin. Code 1541 Educational Impact Analysis Pursuant to 14 Del.C. Section 122(d) 1541 Secondary Health Education Teacher A. Type of Regulatory Action Requested Amendment to Existing Regulation B. Synopsis of Subject Matter of 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 1541 Secondary Health Education Teacher. The amended regulation will be titled Middle Level / Secondary Health Education Teacher. The regulation concerns the requirements for certification of educational personnel, pursuant to 14 Del.C. §1220(a). It is necessary to amend this regulation given that the existing regulation reverted to DE Admin. Code 1505 Standard Certificate in June of 2006. This regulation sets forth the requirements for a Middle Level / Secondary Health Education Teacher. Persons wishing to present their views regarding this matter may do so in writing by the close of business on Monday October 1, 2007 to Mr. Charlie Michels, Executive Director, Delaware Professional Standards Board, The Townsend Building, 401 Federal Street, Dover, Delaware 19901. Copies of this regulation are available from the above address or may be viewed at the Professional Standards Board Business Office. 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 PROPOSED REGULATIONS the consent of the State Board of Education. 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 adopted regulation? There is no additional cost to local school boards for compliance with the regulation. 1541 Secondary Health Education Teacher 1.0 Content This regulation shall apply to the requirements for a Standard Certificate, pursuant to 14 Del.C. §1220(a), for Health Education Teacher (required in grades 9 to 12 and valid in grades 5 to 8 in a middle level school). 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 In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as a Health Education Teacher 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 Bachelor's degree from an regionally accredited college or university and, 3.2 Professional Education 3.2.1 Completion of an approved teacher preparation program in the area of Health Education or, 3.2.2 Minimum of 24 semester hours to include Methods of Teaching Health, Human Development, Clinical or Field Experience including Effective Teaching Strategies, Identifying and Treatment of Exceptionalities, Multicultural Education, and, 3.3 Specific Teaching Field 3.3.1 Major in Health Education or, 3.3.2 Completion of program in teacher education in the area of Health Education or, 3.3.3 Minimum of 30 semester hours in health education including a course in each of the following areas: Current Health Issues (minimum of six semester hours), Public and Community Health Resources, Developmental Behavior and Attitudes, Materials and Strategies of Teaching Health Education including training in skills in facilitation. 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 Health Education Teacher after that date must comply with the requirements set forth in 14 DE PROPOSED REGULATIONS Admin. Code 1505. 7 DE Reg. 775 (12/1/03) Renumbered effective 6/1/07 - see Conversion Table 1539 Middle Level / Secondary Health Education Teacher 1.0 Content 1.1 This regulation shall apply to the issuance of a Standard Certificate, pursuant to 14 Del.C. §1220(a), for Middle Level / Secondary Health Education Teacher. This certification is required for grades 9 to12 and for grades 5 to 8 in a Middle Level school. 1.2 Except as otherwise provided, the requirements set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 2.0 Definitions 2.1 The definitions set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 3.0 Standard Certificate 3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as a Middle Level / Secondary Health Education Teacher to an educator who has met the following: 3.1.1 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; and, 3.1.2 Has met the requirements as set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto; and, 3.1.3 Has satisfied the additional requirements in this regulation. 4.0 Additional Requirements If an examination of content knowledge such as Praxis II is not applicable and available, in the area the Standard Certificate is requested, an educator must also meet the following: 4.1 If the educator is applying for their second Standard Certificate pursuant to 14 DE Admin. Code 1505 Standard Certificate 3.1.5, the satisfactory completion of fifteen (15) credits or their equivalent in professional development related to Health Education, selected by the applicant with the approval of the employing school district or charter school which is submitted to the Department. PROFESSIONAL STANDARDS BOARD Statutory Authority: 14 Delaware Code, Section 1205(b) (14 Del.C. §1205(b)) 14 DE Admin. Code 1571 Educational Impact Analysis Pursuant to 14 Del.C. Section 122(d) 1571 Secondary Exceptional Children Special Education Teacher A. Type of Regulatory Action Requested Amendment to Existing Regulation B. Synopsis of Subject Matter of 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 1571 Secondary Exceptional Children Special Education Teacher. It will be renamed 1571 Exceptional Children Special Education Teacher. 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 grade configuration of the PROPOSED REGULATIONS certificate is being changed from 7 to 12 to K to 12 to align it with the required PRAXIS II test. This regulation sets forth the requirements for an Exceptional Children Special Education Teacher. Persons wishing to present their views regarding this matter may do so in writing by the close of business on Monday October 1, 2007 to Mr. Charlie Michels, Executive Director, Delaware Professional Standards Board, The Townsend Building, 401 Federal Street, Dover, Delaware 19901. Copies of this regulation are available from the above address or may be viewed at the Professional Standards Board Business Office. 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. 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 amended regulation. 1571 Secondary Exceptional Children Special Education Teacher 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). 2.0 Definitions The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: “Department” means the Delaware Department of Education. “License” means a credential which authorizes the holder to engage in the practice for which the license PROPOSED REGULATIONS is used. “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. 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 Braille) 3.2.2.3.1 3.2.2.3.2 3.2.2.3.3 3.2.2.3.4 3.2.2.3.5 3.2.2.3.6 Anatomy and Physiology of the Eye Braille and Nemeth Code (preferably including instruction in Orientation and Mobility for the Teacher of the Visually Impaired Education for the Visually Impaired (Adapting Materials/Methods) Assistive Technology Diagnosis, Assessment, and IEP Development 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 1505. 7 DE Reg. 775 (12/1/03) Renumbered effective 6/1/07 - see Conversion Table PROPOSED REGULATIONS 1571 Exceptional Children Special Education Teacher 1.0 Content 1.1 This regulation shall apply to the issuance of a Standard Certificate, pursuant to 14 Del.C. §1220(a), for Exceptional Children Special Education Teacher. This certification is required for grades K to 12. 1.2 Except as otherwise provided, the requirements set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 2.0 Definitions 2.1 The definitions set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 3.0 Standard Certificate 3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as an Exceptional Children Special Education Teacher to an educator who has met the following: 3.1.1 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; and, 3.1.2 Has met the requirements as set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto. PROFESSIONAL STANDARDS BOARD Statutory Authority: 14 Delaware Code, Section 1205(b) (14 Del.C. §1205(b)) 14 DE Admin. Code 1576 Educational Impact Analysis Pursuant to 14 Del.C. Section 122(d) 1576 Elementary Exceptional Children Special Education Teacher 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 1576 Elementary Exceptional Children Special Education Teacher. It is necessary to repeal this regulation as it is being subsumed into amended regulation 14 DE Admin. Code 1571 Exceptional Children Special Education Teacher and 14 DE Admin. Code 1575 Teacher of Students With Visual Impairments 1576 Elementary Exceptional Children Special Education Teacher 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. PROPOSED REGULATIONS "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 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. §1505. 7 DE Reg. 775 (12/1/03) Renumbered effective 6/1/07 - see Conversion Table PROPOSED REGULATIONS DEPARTMENT OF FINANCE DIVISION OF REVENUE Statutory Authority: 30 Delaware Code, Sections 563 and 1151 (30 Del.C. §§563 and 1151) Regulation 1151-1 Personal Income Tax Withholding Exemption Certificates Title of Regulation Regulation 1151-1 Personal Income Tax Withholding Exemption Certificates Nature of Proceedings; Synopsis of the Subject and Substance of the Proposed Regulation In accordance with procedures set forth in 29 Del.C. Ch. 11, Subch. III and 29 Del.C. Ch. 101, the Director of Revenue of the Division of Revenue in the Department of Finance is proposing to adopt an amendment to the existing regulation pertaining to the treatment by employers of employees’ claims for exemptions from withholding of Delaware personal income tax. The existing regulation, “Personal Income Tax Withholding Exemption Certificates,” is set forth in the Division of Revenue’s Tax Ruling 83-3 (February 9, 1983), which modified Tax Ruling 80-4 (December 15, 1980). Tax Ruling 83-3 provides generally that employers must submit copies of withholding exemption certificates (currently submitted to employers by employees on Internal Revenue Service Form W-4 or an approved substitute form) that either (i) claim more than 14 withholding exemptions for purposes of the Delaware personal income tax, or (ii) claim exemption from withholding of Delaware personal income tax where the employer reasonably expects that the employee’s wages will exceed $100 per week. In such circumstances, pending receipt of a notice from the Division of Revenue with respect to a copy of any withholding exemption certificate, the employer must withhold on the basis of the number of exemptions claimed in the certificate. If the Division of Revenue finds that the certificate submitted contains materially incorrect statements, or, after seeking verification from the employee, determines that it lacks sufficient information to find that the withholding exemption certificate is correct, and if the Division notifies the employer of these findings, the employer must thereafter withhold from the employee’s wages as if the employee were a single person claiming no withholding exemptions. The employer is required to notify the employee of the action taken by the Division of Revenue and request that the employee file another withholding exemption certificate. The Director of Revenue proposes to supersede Tax Ruling 83-3 and Tax Ruling 80-4 on and after the effective date of the regulation being proposed here. The new regulation conforms the administrative practice of the Division of Revenue with respect to withholding exemption certificates to the current administrative practice of the Internal Revenue Service, as set forth in Temporary Treasury Regulation §31.3402(f)(2)-1T, 26 CFR §31.3402(f)(2)-1T. The new regulation relieves employers of the burden of automatically having to submit for review by the Division of Revenue copies of an employee’s withholding exemption certificate, if an employee (i) claims more than 14 withholding exemptions, or (ii) claims exemption from withholding of Delaware personal income tax where the employer reasonably expects that the employee’s wages will exceed $100 per week. Instead, under the new regulation, an employer must submit copies of the employee’s withholding exemption certificate only when directed to do so in a written notice from the Division of Revenue or as directed in general published guidance issued by the Division of Revenue. The new regulation also enables the Division of Revenue to notify the employer in writing that an employee is not entitled to claim either (i) a complete exemption from withholding, or (ii) more than the maximum number of withholding exemptions specified in the notice to the employer. The Division of Revenue may issue such a notice to an employer even if the employer has not previously submitted to the Division of Revenue a copy of the withholding exemption certificate of the employee in question. After receipt of this notice and after the effective date of the notice, the employer must generally withhold from the employee’s wages based on the number of withholding exemptions specified in the notice. The new regulation provides that the Division of Revenue may issue a notice to an employer only if it has determined that (i) the employee’s current withholding exemption certificate contains a materially incorrect statement or (ii) after requesting the employee to verify the statements on the withholding exemption certificate, the Division of Revenue lacks sufficient information to determine if the certificate is correct. The new regulation also sets forth actions that the employer and the Division of Revenue must take to notify the employee of the proposed action and actions that the employee may take to avoid the effect of the notice. PROPOSED REGULATIONS Statutory Basis and Legal Authority to Act 30 Delaware Code, §§ 563 & 1151 Other Regulations Affected None. How to Comment on the Proposed Regulation Members of the public may receive a copy of the proposed amendments to the regulation at no charge by United States Mail by writing or calling Carol Thomas, Delaware Division of Revenue, C900 Carvel State Office Building, 820 N. French St., Wilmington, DE 19801, phone (302) 577-8688. Members of the public may present written comments on the proposed regulation by submitting such written comments to John S. McDaniel, Esquire, at the address of the Division of Revenue set forth above. Written comments must be received on or before 4:30 p.m. on October 1, 2007. 1151-1 Personal Income Tax Withholding Exemption Certificates DIVISION OF REVENUE February 9, 1983 TAX RULING 83-3 Personal Income Tax Withholding Exemption Certificates Tax Ruling 80-4, regarding the withholding exemption certificates (W-4) and the notification requirements by employers to the Division of Revenue in instances when employees file ‘exempt’ status or claim in excess of 9 allowances on their W-4, is herby modified to provide for notification to the Division of Revenue when the total number of allowances claimed by the employee exceeds 14, which is also a requirement of the Internal Revenue Service. Tax Ruling 80-4, as modified by this ruling, is printed below. ************************************ For purposes of withholding Delaware income tax, employers, in general, are authorized to withhold Delaware income tax on the basis of the number of exemptions claimed in the Federal W-4 filed by the employee. Effective with respect to withholding exemption certificates received from employees after December 31, 1982, every employer shall submit to the Division of Revenue a copy of any withholding exemption certificate which is received from an employee during the withholding reporting period if: (1) the total number of exemptions claimed for Delaware personal income tax purposes on the certificate exceeds 14, or (2) the certificate indicates the employee claims to be exempt from withholding of Delaware income tax and the employer reasonably expects that the employees wages will exceed $100 per week. Copies of certificates required to be submitted under this ruling shall be submitted to the Division of Revenue at the time for filing the employers monthly or quarterly withholding return. Pending receipt of notice from the Division of Revenue with respect to a copy of any certificate submitted, the employer shall withhold on the basis of the statements in the certificate. If the Division of Revenue finds that the certificate submitted contains materially incorrect statements, or, after seeking verification from the employee, determines that it lacks sufficient information to find that the certificate is correct, and so notifies the employer, the employer shall consider the certificate defective and shall withhold amounts from the employee as if the employee were a single person claiming no withholding exemptions. The employer shall notify the employee of the action taken by the Division of Revenue, and request the employee to file another withholding exemption certificate. a) This Regulation sets forth requirements of the Division of Revenue (the “Division”) promulgated pursuant to the authority granted to the Division by 30 Del.C. §§563 and 1151 to ensure that employers withhold the proper amount of Delaware personal income tax from their employees’ wages. i) Submission of certain withholding exemption certificates. PROPOSED REGULATIONS A) An employer must submit to the Division a copy of any currently effective withholding exemption certificate as directed in a written notice to the employer from the Division or as directed in published guidance. A notice to the employer may relate either to one or more named employees, to one or more reasonably segregable units of the employer, or to withholding exemption certificates under certain specified criteria. The notice will designate the Division office where the copies of the withholding exemption certificates must be submitted. Employers may also be required to submit copies of withholding exemption certificates under certain specified criteria when directed to do so by the Division in published guidance. Alternatively, upon notice from the Division, the employer must make withholding exemption certificates received from one or more named employees, from one or more reasonably segregable units of the employer, or from employees who have furnished withholding exemption certificates under certain specified criteria, available for inspection by a Division employee (e.g., a compliance check). B) After a copy of a withholding exemption certificate has been submitted to the Division under this subsection (a), the employer must withhold tax on the basis of the withholding exemption certificate, unless that certificate must be disregarded based on a notice of the maximum number of withholding exemptions permitted under the provisions of subsection (b) of this section. b) Notice of maximum number of withholding exemptions permitted. i) The Division may notify the employer in writing that the employee is not entitled to claim a complete exemption from withholding and the employee is not entitled to claim a total number of withholding exemptions more than the maximum number of withholding exemptions specified by the Division in the written notice. The notice will specify the Division office to be contacted for further information. The notice of maximum number of withholding exemptions permitted may be issued if – A.) The Division determines that a copy of a withholding exemption certificate submitted under subsection (a) of this section contains a materially incorrect statement or determines, after a request to the employee for verification of the statements on the certificate, that the Division lacks sufficient information to determine if the certificate is correct; or B.) The Division otherwise determines that the employee is not entitled to claim a complete exemption from withholding and is not entitled to claim more than a specified number of withholding exemptions. ii) If the Division provides a written notice to the employer under this subsection (b), the Division will also provide the employer with a written notice for the employee (“employee notice”) that identifies the maximum number of withholding exemptions permitted and the process by which the employee can provide additional information to the Division for purposes of determining the appropriate number of withholding exemptions. The Division will also mail a similar written notice to the employee's last known address. iii) If the employee is still employed by the employer, the employer must furnish the employee notice to the employee within 10 business days of receipt. If the employee is no longer employed by the employer, the employer is not required to furnish the employee notice to the employee but the employer must send a written response to the Division office designated in the notice indicating that the employee is no longer employed by the employer. iv) Except as provided in paragraphs (v) and (vi) of this subsection, the employer must withhold tax on the basis of the maximum number of withholding exemptions specified in the written notice received from the Division. The employer must withhold tax in accordance with the notice as of the date specified in the notice, which shall be no earlier than 45 calendar days after the date of the notice. v) If a withholding exemption certificate is in effect with respect to the employee before the employer receives a notice from the Division of the maximum number of withholding exemptions permitted under this subsection (b), the employer must continue to withhold tax in accordance with the existing withholding exemption certificate rather than on the basis of the notice, if the existing withholding exemption certificate does not claim complete exemption from withholding and claims a number of withholding exemptions less than the maximum number specified by the Division in the written notice to the employer. vi) If the employee furnishes a new withholding exemption certificate after the employer receives a notice from the Division of the maximum number of withholding exemptions permitted under this subsection (b), the employer must withhold tax on the basis of that new certificate as currently effective only if the new certificate does not claim complete exemption from withholding and claims a number of withholding exemptions less than the number specified by the Division in the notice to the employer. If any new certificate claims complete exemption from withholding or claims a number of withholding exemptions more than the PROPOSED REGULATIONS maximum number specified by the Division in the notice, then the employer must disregard the new certificate and must continue to withhold tax on the basis of the maximum number specified in the notice received from the Division unless the Division by subsequent written notice advises the employer to withhold tax on the basis of that new certificate. If the employee wants to put a new certificate into effect to claim complete exemption from withholding or to claim a number of withholding exemptions more than the maximum number specified by the Division in the notice to the employer, the employee must submit to the Division office designated in the employee notice earlier furnished to the employee under this subsection (b) that new certificate and a written statement to support the claims made by the employee on the new certificate. c) Definition of employer i) For purposes of this Regulation, the term “employer” includes any person authorized by the employer to receive withholding exemption certificates, to make withholding computations, or to make payroll distributions. d) Effective date. This regulation shall become effective ten days after publication of the final regulation in the Register of Regulations. DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF MEDICAID AND MEDICAL ASSISTANCE Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) PUBLIC NOTICE Long Term Care Medicaid 20330.4.1 Annuities NOTE: THE JUNE 2007 ISSUE OF THE REGISTER INADVERTENTLY REFLECTED AN OMISSION IN THE TEXT OF THE PUBLIC NOTICE REGARDING THE STREAM OF INCOME FROM AN ANNUITY. THE REPROPOSED VERSION IS PUBLISHED BELOW AND REFLECTS THE POLICY AS THE DIVISION OF MEDICAID AND MEDICAL ASSISTANCE INTENDED AND THE MOST RECENT CMS POLICY CLARIFICATION. 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) regarding the treatment of annuities provisions. 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, Planning & Policy 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 September 30, 2007. A copy of the CMS program clarification memorandum is available upon request by contacting Sharon L. Summers at 302-255-9576. 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 PROPOSAL Statutory Authority Deficit Reduction Act of 2005 (Public Law 109-171), enacted on February 8, 2006 PROPOSED REGULATIONS 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 of Social Security Act affecting Long Term Care services and supports. Summary of ReProposal On June 1, 2007, the Division of Medicaid and Medical Assistance (DMMA) published for public comment a proposal to amend its annuity regulation (see 10 DE Reg. 1781). This regulatory action incorporated additional guidance received from the Centers for Medicare & Medicaid Services (CMS) regarding the DRA as it applies to the treatment of annuities. Due to the following substantive policy omission in the June 2007 issue of the Register this notice is being published again, as intended: DMMA will no longer require that an attempt be made to sell the stream of income from an annuity. Also, on July 23, 2007, CMS provided clarification of the July 27, 2006 State Medicaid Directors (SMD) Letter Enclosure concerning treatment of annuities under the DRA. This clarification deals specifically with the new section 1917(c)(1)(G) of the Act, added by section 6012(c) of the DRA, and discussed beginning on page 6 of the section 6012 “Changes in Medicaid Annuities Rules” enclosure to the July 27 SMD letter. The discussion beginning on page 6 states that the purchase of an annuity by or on behalf of an annuitant who has applied for medical assistance with respect to nursing facility services or other long-term care services shall be treated as a transfer of assets for less than fair market value unless the annuity meets certain criteria, which are described in detail on page 7 of the enclosure. CMS clarifies that this provision does not apply to annuities that are revocable and/or assignable. And, finally, in response to 10 DE Reg. 1781 request, comments were submitted that resulted in additional changes being made to the original proposal, primarily to substantially revise, renumber, reorganize and reword some policy items for greater clarity and ease of reading. DMMA intends to simplify the policy format and remove the above-referenced eligibility criteria. Because of the substantive nature of these additional changes, DMMA is now republishing the proposal for public comment pursuant to 29 Del.C. §§10115 and 10118. This revision is derived from (i) comments made by the general public during the public comment period on the original proposal; from (ii) clarifications and other improvements noted by DMMA staff during subsequent review and analysis; and, from (iii) further policy clarification noted by the above-referenced CMS memorandum. SUMMARY OF COMMENTS RECEIVED WITH AGENCY RESPONSE The Governor’s Advisory Council for Exceptional Citizens (GACEC) and the State Council for Persons with Disabilities (SCPD) offered the following observations summarized below. DMMA has considered each comment and responds as follows. The only proposed change is to amend one sentence as follows: “DMMA will require that the fair market value of the annuity income stream be sold at Fair Market Value counted as a resource.” Although, not a paragon of clarity, it appears that there would no longer be a requirement that annuities be sold. Rather, the fair market value of the annuity income stream would be counted as a resource. We endorse the concept of the regulation. Agency Response: DMMA thanks the Councils for their endorsement. In response to your comments, we are re-proposing this regulation in an effort to achieve greater clarity and ease of reading. We look forward to your comments. DMMA RePROPOSED REGULATION #07-38 REVISIONS: 20330.4.1Annuities An annuity is a financial device between an individual and a commercial company that conveys a right to receive periodic payments for life or a fixed number of months or years. 20330.4.1.A PROPOSED REGULATIONS A. Treatment of annuities purchased prior to February 8, 2006: While the annuity itself may or may not be an available resource, the stream of income generated by the annuity is a countable income. The applicant must demonstrate to DMMA that a market to purchase the annuity stream of income does not exist. If a market exists, DMMA will consider the annuity to be an available resource. See 20 CFR 416.1201 (a). DMMA will require that the fair market value of the annuity income stream be sold at Fair Market Value counted as a resource. See DSSM 20350.1.7 Fair Market Value (FMV). DMMA will not count the value of an annuity purchased by a third party, e.g., the applicant’s employer, as a retirement benefit to the applicant. However, DMMA will count the value of the income generated from a third party annuity. An annuity that is revocable is always a countable resource. Revocable annuities are able to be converted to cash. Spouses that claim the income allowance is inadequate to meet the needs of the Community Spouse may request additional resources be set aside to bring their income up to the minimum maintenance needs allowance. These requests MUST go through the fair hearing process in order to retain excess resources for their protected income share. See DSSM 20970 and 42 USC 1396r-5(e). In these cases, at the death of the annuity’s owner, the beneficiary of the annuity must be the estate of the Medicaid recipient. 20330.4.1.B B. Treatment of Annuities purchased on or After February 8, 2006: As a condition of eligibility, an applicant or his/her representative shall disclose to DMMA any interest in any revocable or irrevocable annuity that the Medicaid applicant or his/her spouse has in an annuity or similar financial instrument as defined by the Secretary of Health and Human Services. Failure to report an annuity to DMMA may result in possible civil and criminal charges, and potential recovery of benefits that were incorrectly paid. The fair market value of the annuity minus any income received to date will be counted as a resource. 20330.4.1.B.1 The State of Delaware must be named as the beneficiary in the first position for at least the total amount of medical assistance paid on behalf of the institutionalized spouse, unless there is a community spouse, minor child or disabled child who resides in the applicant's home. In such a case, the State must be named as a beneficiary in the correct position or the purchase of the annuity shall be considered a transfer for less than fair market value. 20330.4.1.B.2 The State of Delaware shall notify the issuer of the annuity of its interest and beneficiary status. This notice shall require the issuer to notify the State of any changes in the amount of income, principal or beneficiary to the annuity. Any transactions that occur on or after 2/8/06, subject the annuity to Deficit Reduction Act rules, even if the annuity was originally purchased prior to 2/8/06. Transactions may include such things as addition of principal, elective withdrawals, requests to change the beneficiary, and elections to annuitize the contract. 20330.4.1.B.3 Annuities purchased where the community spouse is the annuitant will be considered as part of the community spouse resource and /or income allocation. The fair market value of the annuity shall be the value counted in the spousal resource calculation. 20330.4.1.B.4 PROPOSED REGULATIONS The purchase of an annuity by or on behalf of an applicant for medical assistance for Long Term Care services shall be treated as a transfer of assets without fair consideration unless: 1. The annuity is a. irrevocable and nonassignable; and b. is actuarially sound according to the life expectancy table developed by the Social Security Administration at http://www.ssa.gov/OACT/STATS/table4c6.html; and, c. Provides for payments in equal amounts during the term of the annuity with no deferral or balloon payments; and 2. The annuity is an Individual Retirement Annuity (IRA) as described in Section 408(b) of the Inte