DEPARTMENT OF EDUCATION

Office of the Secretary

Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b))

14 DE Admin. Code 881

PROPOSED

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

881 Releasing Students to Persons Other Than Their Parent, Guardian or Relative Caregiver

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 881 Releasing Students to Persons Other Than Their Parent, Guardian or Relative Caregiver. The amended regulations will require each district to post the policy on its website and notify a parent, guardian or Relative Caregiver of each student in writing where this policy can be accessed. A hard copy shall be provided to a parent, guardian or Relative Caregiver upon request. The policy would need to reflect the procedures for the release of a student to a person other than the parent, guardian, or Relative Caregiver in an emergency care situation and for a student who has reached the age of majority (18th birthday).

Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before July 3, 2008 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 Criteria

1. Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation provides more guidance on how students are released to persons and does not specifically address state achievement standards.

2. Will the amended regulation help ensure that all students receive an equitable education? The amended regulation provides more guidance on how students are released to persons and does not specifically address ensuring students receive an equitable education.

3. Will the amended regulation help to ensure that all students’ health and safety are adequately protected? This amended regulation continues to attempt to protect children from being sent home from school with unauthorized persons.

4. Will the amended regulation help to ensure that all students’ legal rights are respected? The amended regulation attempts to protect the rights of both the child and the individual picking up the child at school.

5. Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The amended regulation preserves the necessary 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 amended regulation will not place 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 amended 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? The regulation is designed to assist in protecting the safety of school children.

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

881 Releasing Students to Persons Other Than Their Parent, Guardian or Relative Caregiver

1.0 Required Policy

1.1 Each local school district shall have a policy which outlines the procedures for releasing students from schools to persons other than their parent, guardian or Relative Caregiver.

1.2 The policy shall, at a minimum, include a procedure for allowing the release of a student to a person other than their parent, guardian or Relative Caregiver in the event of an emergency care situation.

1.3 The policy shall, at a minimum, include the procedures and instances in which a student who has reached his/her 18th birthday may release him/herself from school.

2 DE Reg. 778 (11/1/98)

7 DE Reg. 504 (10/1/03)

2.0 Distribution of Student Release Policy

2.1 Each district shall post the student release policy on its website and notify a parent, guardian or Relative Caregiver of each student in writing where this policy can be accessed. A hard copy shall be provided to a parent, guardian or Relative Caregiver upon request.

3.0 Reporting Requirements and Timelines

3.1 Each public school district school shall have an electronic copy of its current student release policy on file with the Department of Education.

3.2 Each public school district shall provide an electronic copy of any student release policy within ninety (90) days of such revision(s) regardless of whether said revisions were made as a result of changes to Federal, state or local law, regulations, guidance or policies.

11 DE Reg. 1560 (06/01/08) (Prop.)