DEPARTMENT OF EDUCATION

Office of the Secretary

Statutory Authority: 14 Delaware Code, Sections 122(b) and 14 Delaware Code, Chapter 16

(14 Del.C. §122(b) & 14 Del. C. Ch. 16))

14 DE Admin. Code 611

PROPOSED

Education Impact Analysis Pursuant To 14 Del.C. Section 122(d)

611 Consortium Discipline Alternative Programs for Treatment of Severe Discipline Problems

A. Type of Regulatory Action Required

Amendment to Existing Regulation

B. Synopsis of Subject Matter of the Regulation

The Secretary of Education intends to amend 14 DE Admin. Code 611 Consortium Discipline Alternative Programs for Treatment of Severe Discipline Problems by clarifying eligibility for placement in the Consortium Discipline Alternative Programs; clarifying the district’s responsibility for providing a written decision if a student is not placed; and to delineate the requirement for Student Success Plans as required by 14 DE Admin. Code 505.

The amendments are congruent with the requirements of House Bill No. 326 of the 144th General Assembly.

Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before January 5, 2009 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

1. Will the amended regulation help improve student achievement as measured against state achievement standards? The regulations address alternative programs for discipline purposes which should have a positive effect on student achievement.

2. Will the amended regulation help ensure that all students receive an equitable education? The regulation will ensure that all students receive an equitable education even if they are assigned to an alternative program for discipline purposes.

3. Will the amended regulation help to ensure that all students’ health and safety are adequately protected? Health and safety are part of the design of the alternative programs for discipline purposes.

4. Will the amended regulation help to ensure that all students’ legal rights are respected? The amended regulation will ensure that students’ rights in the alternative program are respected.

5. Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The regulations will preserve the same authority and flexibility of decision making 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 regulation will not place any additional or any unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels.

7. Will the 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 will remain in the same entity.

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 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 regulation? There is no less burdensome method for addressing the purpose of the regulations.

10. What is the cost to the State and to the local school boards of compliance with the regulation? There is no additional cost due to the amendment of this regulation.

611 Consortium Discipline Alternative Programs for Treatment of Severe Discipline Problems

1.0 Eligible Students

1.1 Except as otherwise provided in this regulation, any student who is expelled by a local school district, who is subject to expulsion or who otherwise seriously violates the district discipline code shall be eligible for placement at a Consortium Discipline Alternative Program site.

1.12 Local school districts may shall place a student at a Consortium Discipline Alternative Program site only if the district board:

1.12.1 Has expelled the student for a violation of the district’s discipline code; or

1.12.2 Determines that the student has engaged in conduct that permits the board to expel the student; or

1.12.3 Determines that the student has exhibited such severe discipline problems that expulsion is imminent.; and

1.2.4 Determines the student is not eligible for placement at a Consortium Discipline Alternative Placement pursuant to the conditions in 2.0.

1.23 School districts may place a student in a Consortium Discipline Alternative Program site for classroom or school environment disruptions only if:

1.23.1 Such disruptions are chronic and repetitive; and

1.23.2 The student has participated in all available School Based Intervention Programs pursuant to 14 DE Admin. Code 609 and continues to routinely and seriously disrupt the classroom and impede the learning of other students.

2.0 Ineligible Students

2.1 Any student expelled or suspended pending expulsion for behavior equivalent to a violation of the following is not eligible for, and may not be placed at a Consortium Discipline Alternative Program site.

2.1.1 11 Del.C. §613 Assault in the First Degree; class C felony; or

2.1.2 11 Del.C. §1457 Possession of a Weapon in a Safe School and Recreation Zone; class D, E, or F: class A or B misdemeanor; or

2.1.3 11 Del.C. §802 Arson in the Second Degree affirmative defense; class D felony; or

2.1.4 11 Del.C. §803 Arson in the first degree; class C felony; or

2.1.5 11 Del.C. §770 Rape in the fourth degree; class C felony; or

2.1.6 11 Del.C. §771 Rape in the third degree; class B felony; or

2.1.7 11 Del.C. §772 Rape in the second degree class B felony; or

2.1.8 11 Del.C. §773 Rape in the first degree class A felony; or

2.1.9 16 Del.C. §4753A Trafficking in marijuana, cocaine, illegal drugs, methamphetamine, LSD, or designed drugs or

2.1.10 Any behavior equivalent to or greater than the offenses in 2.1.1 through 2.1.9.

2.2 Provided further, any student expelled or suspended pending expulsion may not be placed at a Consortium Discipline Alternative Program if the school district determines, by a preponderance of the evidence, the student is inappropriate for such placement. When determining whether a student is inappropriate for placement in a Consortium Discipline Alternative Program, the school district shall consider the availability of space in the program to serve the student, and the student's age.

3.0 Written Decision Required

When a school board expels a student but determines the student shall not be placed at a Consortium Discipline Alternative Program under subsections 2.1.1 to 2.1.10 of this regulation, the school district’s written decision shall be in writing and address with specificity the reason for non placement and the evidence in support thereof. Such decisions shall be reported to the Delaware Department of Education’s Office of School Climate and Discipline within five working days of such decision.

4.0 Informing the Parents, Guardians, Relative Caregiver or Students (If the Student is Age 18 or Older)

Districts shall inform the parents, guardians, Relative Caregiver or students (if the student is age 18 or older) of the alternative education options that are then currently available to them if the students have been expelled or expulsion is being considered. These options may include, but are not be limited to, the Consortium Discipline Alternative Program, a GED Program, James H. Groves High School and continued special education and related services for children with disabilities as determined by the student’s individual eligibility for participation in such programs. A student’s eligibility for such alternative education options is determined by the requirements of such programs.

5.0 Grade Level to be Served

Eligible students in the Consortium Discipline Alternative Program shall be primarily those who are enrolled in grades 6 through 12, however students in the lower grades may also be served through Alternative Program funds.

6.0 Placement at Consortium Discipline Alternative Program Sites

6.1 Each district shall establish an Alternative Placement Team to review each case and prescribe the appropriate placement for students. The Placement Team, in concert with the Consortium Discipline Alternative Program staff, shall design an Individual Service Plan (ISP) for each student that will include educational goals, behavioral goals, and services needed by both students and their families. The ISP shall include a tentative transition plan.

6.1.1 The Alternative Placement Team shall be composed of a representative of the Consortium Discipline Alternative Program staff; a district level coordinator who will be designated by the superintendent; the building level principal, assistant principal or other person as appropriate; the student’s custodial adult; guidance counselor or school social worker; and a representative from the Department of Services for Children Youth and Their Families (DSCYF) with knowledge of the student’s and family’s needs as appropriate. Other individuals may be invited as determined by the placement team.

6.1.1.1 Students who are being placed at a Consortium Discipline Alternative Program site as a transition from DSCYF facilities shall have an ISP developed in concert with the DSCYF facility team, the Alternative Placement Team, and the student’s custodial adult.

6.1.2 If students from either a school district or DSCYF facility are children with disabilities, appropriate special education staff shall be included in placement considerations. The Alternative Placement Team and the Individual Education Program (IEP) Team may be the same so long as the membership of the IEP Team meets the requirements of 14 DE Admin. Code 925.

7.0 September 30 Enrollment Count

7.1 Students enrolled at a Consortium Discipline Alternative Programs site shall be counted in the enrollment of the sending school.

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

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

8.0 Consortium Discipline Alternative Program Setting

8.1 The Consortium Discipline Alternative Program setting shall be apart from the regular school setting, however, a part of a school building may be used for these programs if the students do not interact with the regular school population or use any school facility at the same time as the regular school population.

8.1.1 Use of other agency facilities (Boys and Girls Club, YMCA, YWCA, etc.) is encouraged. Consortium Discipline Alternative Program settings shall meet all applicable health and safety laws and regulations for student occupancy.

9.0 Consortium Discipline Alternative Program Design

9.1 The Consortium Discipline Alternative Program shall include an educational program designed to maintain and improve skills aligned to the Delaware State Content Standards that will allow students to reenter the regular school program with a reasonable chance and expectation for success. Opportunities for academic acceleration shall also be provided.

9.1.1 The academic program shall include applied learning activities that encourage students’ active participation in the learning process as opposed to work sheets and other “seat oriented” drill exercises. Study skills, test taking strategies for academic confidence building, and Character Education shall be integrated with the Delaware State Content Standards.

9.1.1.1 Credit for work accomplished in the Consortium Discipline Alternative Program setting shall be automatically transferred to the sending school.

9.1.2 All students enrolled in Consortium Discipline Alternative Programs shall participate in the Delaware Student Testing Program (DSTP) or successor statewide student assessment program, and Student Success Plans (SSP) as required by 14 DE Admin. Code 505.

10.0 Staffing

Instructional staff shall include educators who are licensed and certified in the content areas of English language arts, mathematics, science and social studies.

11.0 Children With Disabilities

Notwithstanding any of the provisions to the contrary, children with disabilities shall be served pursuant to the provisions of 14 DE Admin. Code 925 922 through 929.

12.0 Charter School Students

12.1 A charter school may refer a student to a Consortium Discipline Alternative Programs pursuant to provisions of chapter 16 of Title 14 of the Delaware Code, subject to the conditions set forth in 14 Del.C. 505A(8).

12.2 To the extent applicable, a charter school placing a student in a Consortium Discipline Alternative Program shall be subject to the provisions of this regulation.

1213.0 Evaluation

The Department of Education shall annually evaluate the effectiveness of the Consortium Discipline Alternative Programs using criteria that includes student demographic data, types of interventions employed, and prior versus subsequent behavioral and academic patterns, parent involvement, agency involvement and recidivism. Grantees shall compile and submit data based on uniform standards and format established by the Department.

8 DE Reg. 1008 (01/01/05)

12 DE Reg. 707 (12/01/08) (Prop.)