DEPARTMENT OF EDUCATION

Office of the Secretary

Statutory Authority: 14 Delaware Code, Section 122(d) (14 Del.C. §122(d)) 14 DE Admin. Code 225

FINAL

REGULATORY IMPLEMENTING ORDER

225 Prohibition of Discrimination

I. Summary of the Evidence and Information Submitted

The Secretary of Education intends to amend 14 DE Admin. Code 225 Prohibition of Discrimination in order to align the wording of this regulation with the nondiscrimination statement on the Department stationary, the Employee Handbook and the Department’s application for employment.

Notice of the proposed regulation was published in the News Journal and the Delaware State News on October 20, 2005, in the form hereto attached as Exhibit “A”. Comments were received from Governor’s Advisory Council for Exceptional Children and the State Council for Persons with Disabilities. The Councils’ commented that the proposed regulations do not include one class included in the State employment discrimination statute (Title 19 Del.C. §711) “genetic information”.

The Department has declined to add “genetic information” since we were responding to Executive Order 10 which did not include it. The regulation is now in line with the Department’s nondiscrimination statement. The State Director of HR Management has told us that it is not required unless specifically required by one of our federal funding sources and that not specifically mentioning it does not negate it being protected.

II. Findings of Facts

The Secretary finds that it is appropriate to amend 14 DE Admin. Code in order to align the wording of this regulation with the nondiscrimination statement on the Department stationary, the Employee Handbook and the Department’s application for employment.

III. Decision to Amend the Regulation

For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 225. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 225 attached hereto as Exhibit “B” is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 225 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.

IV. Text and Citation

The text of 14 DE Admin. Code 225 amended hereby shall be in the form attached hereto as Exhibit “B”, and said regulation shall be cited as 14 DE Admin. Code 225 in the Administrative Code of Regulations for the Department of Education.

V. Effective Date of Order

The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on December 14, 2005. 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 14th day of December 2005.

DEPARTMENT OF EDUCATION

Valerie A. Woodruff, Secretary of Education

225 Prohibition of Discrimination

1.0 Prohibition of Discrimination

No person in the State of Delaware, shall, on the basis of race, color, creed religion, national origin, sex, sexual orientation, marital status, disability, age or gender Vietnam Era veteran’s status, be unlawfully excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving approval or financial assistance from or through the Delaware Department of Education.

2 DE Reg. 1246 (1/1/99)

7 DE Reg. 1177 (3/1/04)

9 DE Reg. 1069 (01/01/06) (Final)