DEPARTMENT OF EDUCATION
Office of the Secretary
FINAL
REGULATORY IMPLEMENTING ORDER
210 District School Board Member Special Education Due Process Hearing Training
I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED
Pursuant to 14 Del.C. §1049B, the Secretary of Education intends to amend 14 DE Admin. Code 210 District School Board Member Special Education Due Process Hearing Training. This regulation is being amended to include charter school board members; to ensure consistent and clear language when referencing school district, charter school and vocational technical school district; and to streamline language in accordance with the Delaware Administrative Code Style Manual.
Notice of the proposed regulation was published in the Delaware Register of Regulations on March 1, 2021. In addition, notice was published in The News Journal and the Delaware State News on March 1, 2021, in the form hereto attached as Exhibit "A". Comments received which were pertinent to the proposed amendments suggested the Department consider the following:
(1) Given that Regulation 210 District School Board Member Special Education Due Process Hearing Training and Regulation 211 Notice of School Boards of Due Process Proceedings essentially address the same situation, they should have more consistent language; specifically the definition of "School Board Member" in Regulation 210 does not include vocational technical school boards. For clarity, the comment suggests removing the existing definition of "District School Board or Charter School Board" and instead include a definition for "School Board Member" which includes charter school boards, reorganized school district boards and vocational technical school district boards.
Response: The Department agrees that for clarity the definitions of "School Board" and "School Board Member" in Regulation 210 District School Board Member Special Education Due Process Hearing Training should be defined the same as in Regulation 211 Notice to School Boards of Due Process Proceedings. Therefore, the proposed definition of "District School Board" or "Charter School Board" in Regulation 210 will be removed and replaced with the "School Board" definition as it appears in Regulation 211. Additionally, the "School Board Member" definition in Regulation 210 will be updated to align with the same definition in Regulation 211. A reference to "District or Charter School Board Member" in subsection 4.1 of Regulation 210 was corrected as well.
(2) Stakeholders receive more than the minimum of two hours of Special Education Due Process Hearing Training due to the complexity and due diligence needed to ensure school board members are given ample opportunity to learn as much as possible about the process.
Response: The Department appreciates the recommendation but disagrees. The training is a minimum of two hours. In addition to the live presentation, the Department also provides a compendium of resources including case studies, regulations, Delaware special education statistics, responsibilities of the School Board members, Procedural Safeguards, Due Process Procedures, and State Complaint Procedures. School Board Members are also provided with the presenters' contact information and encouraged to contact them with any further questions or concerns.
(3) The timeframe in which school board members must be trained should be reduced from one year to three months in order to protect the rights of students with disabilities under the IDEA.
Response: The Department appreciates the recommendation but disagrees. This training is one element of a larger required training for all School Board members which is coordinated by the Executive Director of the Delaware School Boards Association. The Executive Director schedules these trainings.
II. FINDINGS OF FACTS
The Secretary finds that it is appropriate to amend 14 DE Admin. Code 210 District School Board Member Special Education Due Process Hearing Training in order to include charter school board members, to ensure consistent and clear language when referencing school district, charter school and vocational technical school district, and to streamline language in accordance with the Delaware Administrative Code Style Manual.
III. DECISION TO AMEND THE REGULATION
For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 210 District School Board Member Special Education Due Process Hearing Training. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 210 District School Board Member Special Education Due Process Hearing Training attached hereto as Exhibit "B" is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 210 District School Board Member Special Education Due Process Hearing Training 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 210 District School Board Member Special Education Due Process Hearing Training amended hereby shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 210 District School Board Member Special Education Due Process Hearing Training 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 April 13, 2021. 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 13th day of April 2021.
Department of Education
Susan S. Bunting, Ed.D., Secretary of Education
Approved this 13th day of April 2021
210 District and Charter School Board Member Special Education Due Process Hearing Training
The purpose of this regulation is to outline the criteria and process for the required training for members of district and charter school boards, including vocational technical school boards, pursuant to 14 Del.C. §1049B. The purpose of the training is to inform school board members of the educational and legal issues generally involved in special education due process hearings arising under the Individuals With Disabilities Education Act, 20 U.S.C.§ 1400 (“IDEA”) and Chapter 31 of Title 14 of the Delaware Code (“Chapter 31”) 14 Del.C. Ch. 31.
[“District School Board” or “Charter School Board” shall mean means a reorganized school district boards and board, a charter school board, or a vocational technical school district boards board duly appointed or elected pursuant to Chapter 10 of Title 14 of the Delaware Code 14 Del.C. Ch. 10. “School Board” means charter school boards of directors organized pursuant to 14 Del.C. Ch. 5, and reorganized school district boards and vocational technical school district boards duly appointed or elected pursuant to 14 Del.C. Ch. 10.]
“Materials” shall mean means training aids approved by the Secretary of Education for use in the Special Education Due Process Hearing Training.
“School Board Member” shall mean means a district school board [District or Charter School Board member district, vocational technical, or charter school board member] whether that person is elected, appointed, or is a volunteer volunteers.
"Special Education Due Process Hearing Training" means the program and materials approved by the Department of Education consisting of a minimum of two (2) hours covering the topics described in Section 3.0.
“Trainer” means an individual, agency, or organization approved by the Secretary of Education to provide the Special Education Due Process Hearing Training, in whole or in part.
3.1 The Special Education Due Process Hearing Training means the program and materials approved by the Department of Education consisting shall consist of a minimum of two (2) hours and covering cover the following topics:
3.1.1 Overview of special education requirements related to the identification, evaluation, and educational placement of children with disabilities, and the provision of a free, appropriate public education to children with disabilities; and
3.1.2 Overview of the due process hearing system; and
3.1.3 Summary of other procedural safeguards and dispute resolution options available to parents and school districts parents, school districts and charter schools under the IDEA and Chapter 31 14 Del.C. Ch. 31.
3.2 The training may be provided in a format that includes, but is not limited to, an electronic media format or in person.
4.1 Each district [District or Charter] School Board Member shall participate and complete the Special Education Due Process Hearing Training the later of the following: within one (1) year of election, appointment, or voluntary service to a [District or Charter] School Board.
4.1.1 Within one (1) year of election, appointment, or voluntary service to a District School Board; or
4.1.2 Within one year of the initial effective date of this regulation.
The training required by this regulation shall be conducted by a trainer as defined in this regulation.
The materials used for the training required by this regulation shall be those as defined in this regulation.
