DEPARTMENT OF EDUCATION
Office of the Secretary
EMERGENCY
Secretary’s Order
601 Schools and Law Enforcement Agencies
Pursuant to 29 Del.C. §10113(b)(5), and 14 Del.C. §122(a), the State of Delaware Department of Education issued on June 15, 2018 a Final Order amending 14 DE Admin. Code 601. 6.1 to be consistent with the mandatory reporting requirements of 14 Del.C. §4112(b). Subsequently, the Department of Education discovered that the regulation had already been amended in 2013 to bring it into compliance with 14 Del.C. §4112(b) and that the June 15, 2018 Order was not in compliance with 14 Del.C. §4112(b).
14 Del.C. §122(a) authorizes the Department to adopt regulations which are consistent with the laws of this State. 14 Del.C. §122(a) prohibits the publishing of regulations which conflict with any law of the State. Pursuant to 29 Del.C. §10119, this Emergency Order is necessary to avoid the risk of harm to the health, safety and welfare of the citizens of Delaware that would result in the Regulation being adopted contrary to the statutory authority of the Department. Therefore, the Department hereby withdraws its Final Order, dated June 15, 2018, purporting to amend 14 DE Admin. Code 601 Schools and Law Enforcement Agencies.
EFFECTIVE DATE OF ORDER
This Emergency Order shall take effect immediately upon issuance, and shall remain in effect for 120 days. The Department intends to submit a non-emergency Order of Withdrawal for publication in the August 1, 2018 Register of Regulations.
PETITION FOR RECOMMENDATIONS
The Department will receive, consider and respond to petitions by any interested person for recommendations or revisions to this Order. Petitions should be presented to Department of Education, Office of the Secretary, Attn: Regulation Review, 401 Federal Street, Suite 2, Dover, Delaware 19901 or email to DOEregulations.comment@doe.k12.de.us
ORDER
It is hereby ordered, the 10th day of July, 2018, that the June 15, 2018 Final Order amending 14 DE Admin. Code 601 Schools and Law Enforcement Agencies is hereby withdrawn.
Department of Education
Susan S. Bunting, Ed.D., Secretary of Education
(by Emily W. Cunningham)
