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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsApril 2017

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14 DE Admin. Code 701
The Secretary of Education intends to amend 14 DE Admin. Code 701 Unit Count. The Department of Education reviewed this and other regulations which were four years or older as part of the 2016 Regulation Review as required by 29 Del.C. §10407. Public comment was received for this regulation in which the Department of Education was asked to include language that provides more control over how local education agencies use the units they receive. The Department cannot mandate the requested change. Therefore, the regulation is being readopted in its original form.
Notice of the proposed regulation was published in the News Journal and the Delaware State News on February 1, 2017, in the form hereto attached as Exhibit "A". Comments were received from Governor's Advisory Council for Exceptional Citizens and the State Council for Persons with Disabilities regarding: (1) the Department's reference to a public comment period. The Department was referencing the initial public comment period required by 29 Del.C. §10407, not the regulatory process public comment period; (2) not using "instructional level" as a means of identifying students for the unit count. The Department kept the existing language which includes reporting students by age and "instructional level" as there are instances where it does not always include students with disabilities, and where flexibility is needed in reporting an instructional level; (3) elimination of a reference to Section 7.1, as this section does not exist in the regulation. The Department agrees with this comment and the reference has been changed to 7.0; (4) including 18-21 year old students in the Department of Corrections pre-trail settings in the unit count. The Department clarified the regulation to include those students who are eligible for the unit count; (5) the regulation not addressing the adult prison population. The Department notes that this population is reported in a separate agency report, as they are funded through the Budget Bill/Adult Prison Education and thus not included in the K-12 unit count or this regulation; (6) Additionally, the Department made minor grammatical corrections for clarity.
The Secretary finds that it is appropriate to reauthorize 14 DE Admin. Code 701 Unit Count in its original form with only minor changes for clarification purposes.
For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 701 Unit Count. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 701 Unit Count attached hereto as Exhibit "B" is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 701 Unit Count hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below.
The text of 14 DE Admin. Code 701 Unit Count amended hereby shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 701 Unit Count in the Administrative Code of Regulations for the Department of Education.
The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on March 23, 2017. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations.
IT IS SO ORDERED the 23rd day of March 2017.
Department of Education
Approved this 23rd day of March 2017
3.1.3 Districts and Charter Schools enrolling an intra-state transfer student during the last 10 school days of September during which students are required to be in attendance shall first determine if the student is currently obligated under a choice agreement or first year charter agreement before enrolling the student. If said obligation exists, “good cause” pursuant to 14 Del.C. §402 and §506(d) respectively must be determined before the receiving district/charter school can enroll the student. Districts and charter schools enrolling an in state transfer student during the last 10 school days of September shall notify the student's previous district or charter school of such enrollment no later than the last student attendance day of September. The notification shall be by fax with a follow up letter to the previous district/charter school’s unit count coordinator’s office. The notification shall be clearly labeled Unit Count Transfer Students and include the student's name, grade, and previous school of attendance. A student enrolling with a formal notice of withdrawal from the previous district or charter school is exempted from this notification requirement. Failure to follow the notification procedure may result in including the same student in two different district or charter school enrollments and hence unit counts. If that occurs, the student will be disallowed from the receiving district or charter school’s enrollment and unit count. Copies of the fax transmittals and follow up letters shall be on file to substantiate the student's inclusion in the receiving district or charter school’s enrollment and unit count.
4.1.2 Repeating seniors who are enrolled in school for a minimum number of instructional hours defined as three traditional courses or an equivalent time in a block schedule, shall be included in the unit count provided they meet the age and residency requirements. Students in the James H. Groves In school Credit Program (14 DE Admin. Code 915.2.4) and students in the Advanced Placement Program shall be enrolled and attend at least one full credit course in their high school to be included in the unit count provided they also meet the age and residency requirements.
4.1.5 [Stevenson House or New Castle County Detention Center Department of Services for Children, Youth and Their Families or Department of Correction Facilities]: Students on a temporary basis pending disposition of case who are expected to return to school prior to November 1st.
4.1.7 Except as provided in section 5.0 and [7.1 7.0], all pre kindergarten children with disabilities shall be counted in the Preschool Pre K-12 Intensive Special Education (Intensive), or Pre K-12 Complex Special Education (complex) units.
4.1.9 [Regular Programs,] Regular programs include students who are enrolled in the regular elementary or secondary curriculum of the school, i.e., the core of the school subjects, which most students take.
4.1.10 [Special Education Services, sS]pecial education services include students who have been properly identified and have an IEP in effect during the last week of school in September. Students with disabilities must have appropriate supporting documentation on file as required by the Identification, Evaluation and Placement Process in 14 DE Admin. Code 925.
4.1.11 [Career and Technical Education (CTE) Programs,] A maximum of 900 minutes of career and technical education time per week per student shall be credited toward the career and technical education unit determination. However, units shall be counted on the basis of 1 unit for each 30 students for students enrolled in the New Castle County Votech School District, the POLYTECH School District and the Sussex Technical School District.
6.2 For unit count purposes a district shall meet the following criteria to include selected students participating in a district’s Distance Education/Twilight Program in the September 30th unit count. For purposes of this section, a Distance Education/Twilight Program shall mean a district approved credit bearing program as follows:
6.2.3 The inclusion of students with non-behavior issues and not special education in the unit count can only be included if there is not a break in educational service and they meet the entry criteria of the program and the additional criteria outlined in 6.2.4 through 6.2.11;
Last Updated: December 31 1969 19:00:00.
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