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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJune 2018

Regulatory Flexibility Act Form

Authenticated PDF Version

14 DE Admin. Code 225
Education Impact Analysis Pursuant To 14 Del.C. §122(d)
Pursuant to 14 Del.C. §122(a), the Secretary of Education intends to amend 14 DE Admin. Code 225 Prohibition of Discrimination. The regulation is being amended pursuant to a directive from Governor Carney to Secretary Bunting in a memo dated July 17, 2017. Through this directive, the Department was required to provide guidance through regulation to school districts and charter schools to prohibit unlawful discrimination in educational programs and activities for students. The memo also required stakeholder input and that the new regulation be published for public comment by November 1, 2017 and required a model policy that each district and charter school could adopt, or tailor and adopt, to suit the needs of the students in the district/charter school. The original proposed regulation (November 2017) received comments that resulted in substantive changes, reflected in this version of the new regulation.
The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:
"Charter School" means a school established pursuant to Chapter 5 of Title 14 of the Delaware Code.
"Course of Study" or "Unit of Study" means academic based instruction within an Educational Program and Activity.
"Department" means the Delaware Department of Education.
"Educational Program and Activity" means an activity or program for providing education made available, sponsored or supervised by a Charter School or School District.
"Extra-Curricular Activity" means a student activity made available, sponsored or supervised by a School District or Charter School not falling within the scope of required Charter School or School District activities or relating to formally or informally approved and usually organized student activities connected with the Charter School or School District and not carrying academic credit.
"Protected Characteristic(s)" means race, ethnicity, color, religion, national origin, sex, gender, sexual orientation, genetic information, marital status, disability, age, gender identity or expression or other characteristic protected by state or federal law.
"School District" means a reorganized school district or vocational technical school district established pursuant to Title 14 of the Delaware Code.
8.2 Any student who seeks to change the student's name and does so pursuant to 10 Del.C. §5901, shall have the name changed in eSchoolPLUS upon the school's receipt of proof that the petition for change of name has been granted by the court. The legal name change shall be reflected only on the student's educational records from the effective date of the petition going forward; historical records shall not reflect the change.
8.3 Any student who seeks to change the student's name on the basis of a Protected Characteristic and does not do so pursuant to 10 Del.C. §5901 may select a "preferred name", which the school shall enter into eSchoolPLUS. The student's legal name shall also be maintained in eSchoolPLUS and shall be displayed on all educational records for the student.
(Non-regulatory note - please refer to 14 DE Admin. Code 605 for requirements related to student rights and responsibilities.)
This regulation shall become effective on January 1, 2019 and each School District and Charter School shall establish its anti-discrimination policy for implementation by that date. An electronic copy of the current anti-discrimination policy of each School District and Charter School shall be on file with the Department of Education.
Nothing in this regulation shall alter a School District's or Charter School's rights and responsibilities under any applicable federal or state law including, for example, the First Amendment of the U.S. Constitution, Title IX of the Education Amendments of 1972, the Individuals with Disabilities Act, or Title VI of the Civil Rights Act of 1964.
Last Updated: December 31 1969 19:00:00.
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