DEPARTMENT OF EDUCATION

Office of the Secretary

FINAL

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 to be consistent with the mandatory reporting requirements of 14 Del.C. §4112(b). Subsequently, the Department of Education realized 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, the Department issued an Emergency Order withdrawing the Final Order dated June 15, 2018, 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. Pursuant to 29 Del.C. §10119, the Department now issues a non-Emergency Final Order withdrawing its June 15, 2018 Final Order purporting to amend 14 DE Admin. Code 601.

ORDER

It is hereby ordered, the 13th 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 Code 601 Schools and Law Enforcement Agencies is hereby withdrawn.

Susan S. Bunting, Ed.D., Secretary of Education

*Please Note: The current 601 Schools and Law Enforcement Agencies regulation is available at: http://regulations.delaware.gov/AdminCode/title14/600/601.shtml