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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJuly 2014

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14 DE Admin. Code 930
Education Impact Analysis Pursuant To 14 Del.C. Section 122(d)
A. Type of Regulatory Action Required
B. Synopsis of Subject Matter of the Regulation
The Secretary of Education intends to amend 14 DE Admin. Code 930 Supportive Instruction. The amendment is related to supportive instruction for students who are pregnant.
Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before August 5, 2014 to Susan Haberstroh, Associate Secretary, Education Supports & Innovative Practices Branch, 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.
Supportive Instruction is an alternative educational program provided at home, in a hospital or at a related site for a student temporarily at home or hospitalized for a sudden illness, injury, episodic flare up of a chronic condition or accident considered to be of a temporary nature. Subject to 14 Del.C., §1604(8), this may also include an alternative educational program provided at home to a student that has been suspended, expelled or subject to expulsion based upon the student’s local school district or charter school policy.
1.2 Services for children with disabilities as defined in the Individuals with Disabilities Education Act (IDEA) (20 U.S.C 1400 et.seq), and its regulations (34 CFR parts 300 and 301), 14 Del.C., Ch. 31, and the Department of Education's regulations on Children with Disabilities (14 DE Admin. Code 922 through 929) shall be provided in accordance with these laws and shall be processed under the district's or charter school’s special education authority. Nothing in this regulation shall prevent a district from providing supportive instruction to children with disabilities in a manner consistent with the Individuals with Disabilities Education Act (IDEA) and its regulations, 14 Del.C., Chapter 31, and the Department of Education's regulations on Children with Disabilities.
1.3 Nothing in this regulation shall alter a district's or charter school’s duties under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act to students who are qualified individuals with disabilities. Nothing in this regulation shall prevent a district from providing supportive instruction to such students.
2.1.3 A physician or an advanced practice nurse, employed by or who has a collaborative agreement with a licensed physician, or a physician assistant employed by and who has a written agreement with a supervising licensed physician must certify absences due to pregnancy complicated by illness or other abnormal conditions.
2.1.3.1 A student does not qualify for supportive instruction for normal pregnancies unless there are complications.
2.1.3.2 A student who remains enrolled in school is eligible for supportive instruction during a postpartum period not to exceed six weeks. Postpartum absences must be certified by a physician or an advanced practice nurse, employed by or who has a collaborative agreement with a licensed physician, or a physician assistant employed by and who has a written agreement with a supervising licensed physician.
2.1.42.2 Supportive instruction can be requested as an in school transitional program that follows a period of supportive instruction that was provided outside of the school setting. If the supportive instruction is provided as an in school transitional program, it must be approved through a staff conference.
3.1.1.2 Nothing in this regulation shall prevent a school district or charter school from providing additional hours of supportive instruction to an eligible student from other available funding sources.
Last Updated: December 31 1969 19:00:00.
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