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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJune 2016

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14 DE Admin. Code 1006
The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 1006 Delaware Interscholastic Athletic Association (DIAA). A technical error is being changed within this regulation related to the name of the State Board of Education Manual for the Conduct of Hearings Before the State Board of Education (see Section 11.0). Two additional nonsubstantive changes were made (see Section 7.0 and Section 9.0).
Notice of the proposed regulation was not published in the News Journal and the Delaware State News as it is exempt pursuant to 29 Del.C. §10113 from the procedural requirements of the APA. Therefore, there is no Exhibit A with this regulation.
The Secretary finds that it is appropriate to amend 14 DE Admin. Code 1006 Delaware Interscholastic Athletic Association (DIAA) to correct a technical error to the name of the State Board of Education Manual for the Conduct of Hearings Before the State Board of Education (see Section 11.0). Additionally, two nonsubstantive changes were made (see Section 7.0 and Section 9.0).
For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 1006 Delaware Interscholastic Athletic Association (DIAA). Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 1006 Delaware Interscholastic Athletic Association (DIAA) attached hereto as Exhibit "B" is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 1006 Delaware Interscholastic Athletic Association (DIAA) 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.
The text of 14 DE Admin. Code 1006 Delaware Interscholastic Athletic Association (DIAA) amended hereby shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 1006 Delaware Interscholastic Athletic Association (DIAA) in the Administrative Code of Regulations for the Department of Education.
The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on May 19, 2016. 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 19th day of May 2016.
Approved this 19th day of May 2016
State Board of Education
Administrative Head of School” means the chief or head individual in charge of the school traditionally referred to or generally known as the principal or headmaster.
Board means the Delaware Interscholastic Athletic Association Board of Directors established pursuant to 14 Del.C. Ch. 3.
Department” means the Delaware 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 for a child with a disability as defined in 14 DE Admin. Code 922.
Legally in attendance” means present at school as determined by a pre-established written policy adopted by the local school board or governing body of the school.
Member school” means a full or associate member school of the DIAA.
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.
School day(s)” shall mean actual school attendance days during the regular academic school year including a partial day that children are in attendance at school for instructional purposes as adopted by the district or governing body of the school not to include weekends, holidays, summer school, etc.
State Board” means the State Board of Education of the State of Delaware pursuant to 14 Del.C. §104.
2.3.1.1 If a middle school and high school are located in the same administrative unit and the combined student enrollment of grades 6th through 12th is 499 or less then the school shall pay only the high school fee and be exempt from the middle school fee.
3.3.1 The Chairperson of the DIAA Board of Directors and the Executive Director shall be exofficio members of all committees Committee membership shall be geographically representative and committee membership may include administrators, athletic directors, coaches, local school board members, officials and public members.
9.1.4 Waiver requests would should be filed promptly when it becomes apparent to the student, principal, headmaster or other affected party, that a waiver will be required. In any event, all requests for a waiver of the rules, with all documentation complete, must be received by the Executive Director at least 21 calendar days before the next regularly scheduled meeting of the DIAA Board in order to be placed on the agenda for that meeting.
9.2.3 An appearance by the student and his or her parent, guardian or Relative Caregiver before the DIAA Board is mandatory on requests for an eligibility waiver. An appearance by a school representative is strongly encouraged.
11.1 Any party to a controversy involving the athletic rules and regulations, including a waiver thereof, may appeal to the State Board of Education by setting forth such grievance in a petition. The petition or notice of appeal shall be served on the Secretary of Education no later than thirty (30) calendar days after receipt of the decision. In addition, a copy of the petition or notice of appeal shall be served on the Executive Director of DIAA by certified or registered mail. Any decision shall otherwise be final. All appeals to the State Board of Education shall be on the basis of the record. (See14 Del.C. §312 and the State Board of Education Manual for the Conduct of Hearings Before the State Board of Education Procedures Manual). An appeal shall not stay the decision of the DIAA Board of Directors.
Last Updated: December 31 1969 19:00:00.
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