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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsFebruary 2016

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Regulatory Flexibility Act Form

Authenticated PDF Version

A. Type of Regulatory Action Required
B. Synopsis of Subject Matter of the Regulation
The Secretary of Education intends to create 14 DE Admin. Code 747 Criminal Background Check for Private School and Youth Camp Related Employment. This regulation is being created due to changes in Titles 11, 16, and 31 of the Delaware Code related to Background Checks for Private Schools.
Child Protection Registry Check” means a computer search of the Child Protection Registry to determine if a person is a perpetrator in any substantiated cases of child abuse or neglect.
Child Serving Entity” means a Private School or Youth Camp.
Contractor” means a person, not an Employee, providing services within a Private School and who has Direct Access to children.
Covered Personnel” means an “Employee”, “Contractor”, “Volunteer” or all those persons who have Direct Access to children in or through an extra duty position (also called Extra Pay for Extra Responsibility Position) in Private Schools whether the person receives compensation or not.
Criminal Background Check” means a fingerprinted Delaware and national background check completed by the SBI and the FBI. Additionally, a Child Protection Registry Check shall be completed by DSCYF.
Direct Access” means, pursuant to this regulation, the opportunity to have personal contact with students receiving care of education during the course of one’s assigned duties.
Employee” mean, pursuant to this regulation, any person seeking employment for compensation with a Child Serving Entity, or any person who for any reason has Direct Access to children at a Child Serving Entity.
Private School” means a school having any or all of grades kindergarten through twelve, operating under a board of trustees and maintaining a faculty and plant which are properly supervised.
Volunteer” means a person providing volunteer services within a Child Serving Entity and who has Direct Access to children.
Youth Camp” means a Child Serving Entity having custody or control of one or more school-age children, unattended by parent or guardian, for the purpose of providing a program of recreational, athletic, education and religious instruction or guidance. The camp operates for up to 12 weeks for three or more hours per day, during the months of May through September or some portion thereof, or during holiday breaks in the course of a school year; and is operated in a space or location other than one subject to licensing pursuant to 31 Del.C. §344.
Any Private School, including Youth Camps directly operated by a Private School, may choose not to perform the Criminal Background Check and Child Protection Registry checks described in 31 Del.C. §309(c)(1) and (c)(2), provided that the Private School or youth camp that is directly operated by the private school, informs parents or guardians of the youth in attendance that the school or youth camp is not meeting minimum background check safety requirements for its staff members. The school or camp must obtain and retain for at least 1 year a signed acknowledgement of same from the parents or guardians.
The determination of suitability for employment shall be made by the Private School pursuant to the factors listed in 31 Del.C. §309(d), procedures in 31 Del.C. §309(e)(1) and any other criteria the Private School may establish.
6.1 All information and records pertaining to Criminal Background Checks, pursuant to 31 Del.C. §309, and these regulations, shall be maintained in a confidential manner including, but not limited to, the following:
Last Updated: December 31 1969 19:00:00.
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