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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJuly 2015

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14 DE Admin. Code 1105
The Secretary of Education needs to amend 14 DE Admin. Code 1150 School Transportation. This regulation is being amended to make a technical correction to the purpose statement to ensure that it is aligned with Delaware Code. Under Title 29 Del.C. §10113 this regulation is exempted from the procedural requirements of the APA and may be adopted informally without notice.
Notice of the proposed regulation was published in the News Journal and the Delaware State News on March 27, 2015, in the form hereto attached as Exhibit "A". Comments were received from the Governor's Advisory Council for Exceptional Citizens, the State Council for Persons with Disabilities and an employee of the Colonial School District. Following the publication of the regulation, it was noted that a technical change needed to be made to the purpose statement. This amended Regulatory Implementing Order is for that purpose.
II. FINDINGS OF FACTS
The Secretary finds that it is appropriate to amend 14 DE Admin. Code 1150 School Transportation to make a technical correction to the purpose statement to ensure that it is aligned with Delaware Code. Under Title 29 Del.C. §10113 this regulation is exempted from the procedural requirements of the APA and may be adopted informally without notice.
For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 1150 School Transportation. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 1150 School Transportation attached hereto as Exhibit "B" is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 1150 School Transportation 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 1150 School Transportation amended hereby shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 1150 School Transportation 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 June 10, 2015. 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 10th day of June 2015.
Approved this 10th day of June, 2015
1.1 This regulation is in accordance with 14 Del.C. §2905 Transportation of students of nonpublic, nonprofit elementary and high schools, which states that the Department of Education shall make rules and regulations concerning the transportation of pupils in nonpublic, nonprofit elementary and secondary (high) schools in this State. Such rules and regulations shall provide for at least the following:
This regulation is in accordance with 14 Del.C. Ch. 29 to regulate transportation to elementary and secondary (high) schools in Delaware, including, but not limited to, nonpublic, nonprofit elementary and secondary (high) schools.
"504 Plan" means a plan developed pursuant to requirements Section 504 of the Rehabilitation Act of 1973 to ensure that pupils with disabilities may receive accommodations and modifications as well as supplementary aids and services to ensure that their individual educational needs are met as defined in 14 DE Admin. Code 922.
"Administrative Head of School" means the chief or head individual in charge of the school.
"Aide" means a person assigned to assist one or more individual pupil(s) with special needs on a school bus; also known as "attendant"
"Certified Delaware School Bus Driver (CDSBD) Trainer" means a person certified by DOE who is qualified to instruct the minimum six (6) hour behind-the-wheel school bus training program.
"Certified Delaware School Bus Driver (CDSBD) Training" means a course of instruction as specified herein in which a school bus driver or applicant under the supervision of a CDSBD Trainer: 1) observes the CDSBD Trainer driving with pupils on board for a minimum of two hours, 2) drives a school bus without pupils for a minimum of two hours, and 3) drives a school bus with pupils for a minimum of two hours (after obtaining a Commercial Driver’s License with a school bus “S” endorsement).
"Charter School Heads of School" means the Administrative Head of School or equivalent.
"Commercial Drivers License or CDL" means a license issued by the Division of Motor Vehicles in accordance with the requirements of 21 Del.C. Chapter 26, which authorizes an individual to drive a certain class of commercial motor vehicle.
"Contractor" means an individual or entity that enters into a contract with a District to provide school transportation services.
"DelDOT" means the Delaware Department of Transportation.
"District" means a local school district or charter school.
"DMV" means the Department of Motor Vehicles.
"DOE" means the Department of Education.
"Guardian or “Legal Guardian" means an individual who legally has responsibility for the care and management of the student during the student's minority. The relationship is a legal one and shall be created by a court order signed by a judge, commissioner, or master of a court of competent jurisdiction.
"Individualized Education Program" or "IEP" means a written statement or plan developed by an assessment team for a child with a disability as defined in 14 DE Admin. Code 922.
Local School Districtmeans reorganized school district as defined in Chapter 10 of Title 14 of the Delaware Code and vocational technical schools as established in Chapter 2 of Title 14 of the Delaware Administrative Code.
"Principal" or "Headmaster" means the Administrative Head of School and includes but is not limited to Head of School, Administrator, Executive Director, or Charter Head.
"Pupil" means any child who attends a school; also known as student.
"Relative Caregiver" shall have the same meaning as used in 14 Del.C. §202.
"School" means public or nonpublic primary or secondary educational program, excluding homeschool.
"School bus driver classroom training" means the minimum 12-hour classroom training provided by DOE.
"School Plant" means all buildings and facilities located in the area of a school that are used by students or used to directly support the school.
"State Board or “SBE" means the State Board of Education of the State pursuant to 14 Del.C. §104.
"State Bureau of Identification" or "SBI" means the State Police office which processes background investigations.
"Superintendent" means the administrative head of the school district.
"Transportation Supervisor" means the person within the school district or charter school who is designated by the school district Superintendent or charter school head of school to oversee school transportation operations.
4.1.3 Dismiss a school bus driver or aide from performing duties on a contracted school bus route when it can be shown that the driver or aide is not satisfactorily performing driver or aide tasks. Transportation Supervisors may restrict a driver or aide from operating in their school system.
5.1.1 Pursuant to 21 Del.C. §2708, the Department of Education shall develop and provide a Driver Training Course for applicants to gain the necessary knowledge and skills for a school bus driver. Nothing contained herein shall prevent DOE from contracting outside services to provide the required training.
5.2.1 Pursuant to 21 Del.C. §2708, the Department of Education shall develop and provide a Certified Delaware School Bus Driver Trainer Instructor (CDSBD) Course for applicants to gain the necessary knowledge and skills and establish competence to be a CDSBD Trainer to instruct the CDSBD Training. The course areas covered shall include, at a minimum, techniques for instruction and those topics covered in the driver training course.
7.3 Out-of-state licensed school bus drivers shall meet the same requirements for qualification for an "S" endorsement as a driver with a Delaware license listed in 21 Del.C. §2708(b)(7) regarding criminal convictions and complete and provide to the Transportation Supervisor:
21.2.1 14th year shall be replaced (also for charter schools and it may then be used as a spare); or
25.1.1 Pursuant to 14 Del.C. §2910, this regulation shall apply to the contracting for a program of drug and alcohol testing services necessary to enable Districts and any person or entity that contracts with a District to provide transportation for State public school pupils, to comply with such drug and alcohol testing requirements applicable to Delaware public school bus drivers as are now, or may hereafter be, imposed by federal law.
“Alcohol” means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols, including methyl or isopropyl alcohol.
“Department” means the Delaware Department of Education.
“DOT” means the United States Department of Transportation.
“Drug” means the controlled substances for which tests are required under the provisions of 49 U.S.C. §31306, 49 CFR Part 382 and 49 CFR Part 40, and include marijuana, cocaine, amphetamines, phencyclidine (PCP), and opiates.
“Employer” means school bus Contractors or Districts when they directly employ school bus drivers.
“Negative Result” means a verified negative drug test result or an alcohol test result lower than the Federal standard as defined by the provisions of 49 U.S.C. §31306, 49 CFR Part 382 and 49 CFR Part 40.
“Positive Result” means a verified positive, adulterated, or substituted drug test result, an alcohol test result equal to or greater than the Federal standard or a refusal to take a drug or alcohol test as defined by the provisions of 49 U.S.C. §31306, 49 CFR Part 382 and 49 CFR Part 40.
26.7 The nonpublic, nonprofit school shall submit a transportation form, provided by the Department of Education, indicating eligible reimbursements, no later than October 1st of each year. All information shall be based on September 30th enrollment and eligibility. After the submission of the final transportation form no further adjustments for eligibility shall be made for the remainder of the school year.
Last Updated: December 31 1969 19:00:00.
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