DEPARTMENT OF EDUCATION

Office of the Secretary

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

14 DE Admin. Code 410

PROPOSED

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

410 Satellite School Agreements

A. Type of Regulatory Action Requested

Amendment to Existing Regulation

B. Synopsis of Subject Matter of Regulation

The Secretary of Education seeks to amend 14 DE Admin. Code 410 Satellite School Agreements to clarify the process by which a local school district or charter school can establish a satellite school. Pursuant to Title 14, Section 2005 of Delaware Code “a ‘satellite school’ is defined as a public school that operates in physical facilities leased from, donated by or located on property that is owned or leased by a private sector or governmental employer which is not the school district or charter school operating the satellite school.”

Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before June 6, 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 outlines the process for the establishment of satellite schools not achievement standards.

2. Will the amended regulation help ensure that all students receive an equitable education? The amended regulation outlines the process for the establishment of satellite schools not equal education issues.

3. Will the amended regulation help to ensure that all students’ health and safety are adequately protected? The amended regulation addresses health and safety issues as part of the establishment of satellite schools.

4. Will the amended regulation help to ensure that all students’ legal rights are respected? The amended regulation outlines the process for the establishment of satellite schools not students’ legal rights

5. Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The amended regulation will preserve 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 statue requires that there be a regulation concerning the establishment of satellite schools.

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

410 Satellite School Agreements

1.0 Definition

As per 14 Del.C. §2005 a satellite school is defined as a public school that operates in physical facilities leased from, donated by or located on property that is owned or leased by a private sector or governmental employer which is not the school district or charter school operating the satellite school.

2.0 Satellite School Facilities

Satellite school facilities shall be subject to the same health and safety codes required of other public school facilities. Plans and specifications of proposed satellite school facilities shall be submitted for review and approval, as appropriate, to the following agencies by the local district or charter school board: Fire Marshal of appropriate jurisdiction, Architectural Accessibility Board, Division of Public Health for food preparation and serving area and swimming pools, Department of Natural Resources and Environmental Control for wastewater and erosion control, local building officials to provide a Certificate of Occupancy or Approval, State Risk Manager and the Department of Education.

3.0 Documentary Evidence of Review and Approval by the Authorities Listed as in 2.0 Shall be Provided to the Department of Education

4.0 Review of Plans

Upon receipt of the aforementioned documentary evidence, the Department of Education shall cause a review of the plans or inspection of the proposed facilities to be conducted by appropriate Department staff to determine the adequacy of the facilities for the intended educational purpose considering such items as size, accessibility, adequacy of sanitary facilities, adequacy of lighting and ventilation, and other considerations relevant to the health and safety of students.

5.0 Certificates of Occupancy or Occupancy Permits

Certificates of Occupancy or Occupancy Permits shall be obtained from the appropriate jurisdictional authorities prior to occupancy of the facilities by the satellite school. A copy of such certificate or permit shall be provided to the Department of Education. The satellite school facilities shall be subject to the same periodic inspections for health and safety as other public schools.

6.0 Conference with The State Risk Manager

The reorganized school district or charter school shall confer with the State Risk Manager regarding any liabilities that they and their employees may be subject to and shall provide appropriate protection and coverage for same.

2 DE Reg. 1383 (2/1/99)

6 DE Reg. 1348 (4/1/03)

1.0 Purpose

The purpose of this regulation is to outline the process for the establishment of a satellite school as allowable in 14 Del.C. §2005.

2.0 Definitions

"Charter School" shall mean a school established pursuant to Chapter 5 of Title 14 of the Delaware Code.

Charter School Satellite School Agreement” shall mean the contract between a Charter School and the private sector or governmental employer for the operation of a Satellite School. The agreement form shall be in a format established and approved by the Department. The contract shall, at a minimum, be consistent with the provisions of 14 Del.C. Chapter 5 and 14 Del.C. §2005. A Charter School authorized by a Local School District shall only establish a Satellite School arrangement within the authorizer's school district boundaries.

"Department" shall mean the Department of Education.

"Local School District Satellite School Agreement" shall mean the contract between the Local School District and the private sector or governmental employer for the operation of a Satellite School that has been approved by the local school district board of education. The Local School District shall be responsible for the development of the agreement form. A local school district shall only establish a Satellite School arrangement within the school district's boundaries.

"Local School District" shall mean a reorganized school district or vocational technical school district established pursuant to 14 Del.C. Chapter 10.

"Satellite School" shall mean a public school that operates in physical facilities leased from, donated by or located on property that is owned or leased by a private sector or governmental employer which is not the school district or charter school operating the satellite school.

3.0 Charter School Application for Approval Process

3.1 A Charter School seeking approval for the operation of a Satellite School shall make the application to the Office of the Secretary, Department of Education. The Charter School shall provide to the Office of the Secretary a copy of the proposed Charter School Satellite School Agreement and any additional information required pursuant to this regulation. An application for the establishment of a Satellite School by a Charter School shall be considered a major modification of the existing charter and shall follow the procedures as outlined in 14 DE Admin. Code 275, 9.0. Provided further, the Charter School shall, at a minimum, meet the following requirements:

3.1.1 The Satellite School facilities shall be subject to the same health and safety codes and building codes, in accordance with the local code enforcement entity, as required by other public school facilities; and

3.1.2 The enrollment preferences shall be consistent with 14 Del.C. §506(b) and with any additional considerations as prescribed in 14 Del.C. §2005(c).

3.2 Upon receipt of the documentation in 3.1 of this regulation, the Department shall cause a review of the plans or inspection of the proposed facilities to be conducted by appropriate Department staff to determine the adequacy of the facilities for the intended educational purpose.

3.3 Approval by the Department shall require the assent of both the Secretary of Education and the State Board of Education. The decision shall be considered final and not subject to appeal.

4.0 School District Application for Approval Process

4.1 A Local School District seeking approval for the operation of a Satellite School shall make the application to the Office of the Secretary, Department of Education. The Local School District shall provide to the Office of the Secretary a copy of the Local School District Satellite School Agreement that has been first approved by the local school board and any additional information required pursuant to this regulation. Provided further, the Local School District Satellite School Agreement criteria shall, at a minimum, meet the following requirements:

4.1.1 The Satellite School facilities shall be subject to the same health and safety codes and building codes, in accordance with the local code enforcement entity, as required by other public school facilities; and

4.1.2 The enrollment considerations shall be consistent with 14 Del.C. §2005(c).

4.2 Upon receipt of the documentation in 4.1 of this regulation, the Department shall cause a review of the plans or inspection of the proposed facilities to be conducted by appropriate Department staff to determine the adequacy of the facilities for the intended educational purpose.

4.3 Approval by the Department shall require the assent of the Secretary of Education. The decision shall be considered final and not subject to appeal.

5.0 Compliance with State Risk Management

5.1 The Charter School shall provide evidence that the types and limits of insurance coverage the Charter School plans to obtain for operation of a Satellite School are adequate and consistent with 14 Del.C. Chapter 5.

5.2 The Local School District shall confer with the State Risk Manager regarding any liabilities that they and their employees may be subject to and shall provide appropriate protection and coverage for same.

6.0 Certificates of Occupancy or Occupancy Permits

6.1 Certificates of Occupancy or Occupancy Permits shall be obtained from the appropriate jurisdictional authorities prior to occupancy of the facilities by the Satellite School. The Satellite School facilities shall be subject to the same periodic inspections for health and safety as other public schools.

11 DE Reg. 1401 (05/01/08) (Prop.)