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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsNovember 2016

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Regulatory Flexibility Act Form

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Education Impact Analysis Pursuant To 14 Del.C. Section 122(d)
The Secretary of Education intends to amend 14 DE Admin. Code 255 Definitions of Public School, Private School and Nonpublic School. The purpose of amending this regulation is to include and clarify definitions of various types of schools as well as change the title of the regulation to more accurately reflect its content.
255 Definitions of Public School, Private School and Nonpublic School Types of Schools
1.0 Public School Purpose
A public school shall mean a school or Charter School having any or all of grades kindergarten through twelve, supported primarily from public funds and under the supervision of public school administrators. It also shall include the agencies of states and cities which administer the public funds. The purpose of this regulation is to define various types of schools and educational entities operating in the State of Delaware identified in Title 14 of the Delaware Code.
2.0 Private School Definitions
A private school shall mean a school having any or all of grades kindergarten through twelve, operating under a board of trustees and maintaining a faculty and plant which are properly supervised and shall be interpreted further to include an accredited or approved college or university.
The following words and terms are applicable unless a specific regulation, statute or the context in which they are used clearly indicates otherwise:
"Charter School" means a non-home-based public school including two or more of grade kindergarten through twelve, operating in an approved physical plant for the personal physical attendance of all students and is managed by a board of directors. It exists under a charter granted by a public school district or the Delaware Department of Education, with the approval of the State Board of Education, pursuant to 14 Del.C. Ch. 5.
"Homeschool" means a nonpublic school as defined in 14 Del.C. §2703A.
"Local Education Agency (LEA)" means a reorganized traditional school district, vocational/technical school district or Charter School legally constituted and established, under Delaware law for either administrative control or direction of public elementary or secondary school(s).
"Nonpublic School" means a private school or any home school as defined in this regulation or 14 Del.C. §2703A.
"Private School" means a school having any or all of grades kindergarten through twelve, operating under a board of trustees and maintaining a faculty and plant which are properly supervised.
"Public School" means a physical plant having any or all of grades kindergarten through twelve, supported primarily from public funds and under the supervision of public school administrators. A Charter School, as defined herein, is also a public school.
"Reorganized School District" means a clearly defined geographic subdivision of the state organized for the purposes of administering public education in that area.
"School District" means either a Reorganized School District or a Vocational-Technical School District or both depending upon the context in which the term is used.
"Vocational-Technical School District" means a subdivision of the state, the boundaries of which are co-extensive with the boundaries of the county in which it is located, organized for the purposes of administering vocational and technical education in that area.
Last Updated: December 31 1969 19:00:00.
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