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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsNovember 2017

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The Secretary of Education intends to amend 14 DE Admin. Code by adding a new regulation 903 Best Interest Determination Process for School Placement- Students in Foster Care. The regulation is required by Senate Bill 87 of the 149th General Assembly. Specifically, this regulation outlines the process for determining whether remaining in the school of origin is in the best interest of a student in foster care, including: 1) the timeline for the best interest meetings; 2) mandatory participants in the best interest meetings; and 3) how the decisions for best interest is determined.
Notice of the proposed regulation was published in the News Journal and Delaware State News on September 1, 2017, in the form hereto attached as Exhibit "A". Comments were received from the Governor's Advisory Council for Exceptional Citizens, State Council for Persons with Disabilities, the Office of the Child Advocate, and an individual citizen.
The Secretary finds that it is appropriate to amend 14 DE Admin. Code by adding a new regulation 903 Best Interest Determination Process for School Placement - Students in Foster Care because of Senate Bill 87 of the 149th General Assembly.
For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code by adding a new regulation 903 Best Interest Determination Process for School Placement - Students in Foster Care. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 903 Best Interest Determination Process for School Placement - Students in Foster Care attached hereto as Exhibit "B" is hereby added to 14 DE Admin. Code. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 903 Best Interest Determination Process for School Placement - Students in Foster Care hereby added to 14 DE Admin. Code 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 903 Best Interest Determination Process for School Placement - Students in Foster Care hereby shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 903 Best Interest Determination Process for School Placement - Students in Foster Care 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 October 13, 2017. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations.
Notice is hereby given to the Register of Regulations that the publication of this final regulation 14 DE Admin. Code 903 Best Interest Determination Process for School Placement - Students in Foster Care is required for sections 1, 2 and 3 of Senate Bill 87 of the 149th General Assembly to become effective.
IT IS SO ORDERED the 13th day of October 2017.
Department of Education
Approved this 13th day of October 2017
Under 14 Del.C. §202A, a student in the custody of DSCYF [who is in foster care] must remain in the student's School of Origin unless a determination is made that it is not in the student's best interest to attend such school. The purpose of this regulation is to provide the process for the determination of best interest in school placement decisions for students in foster care.
"Best Interest Meeting" means the convening of certain individuals as noted within this regulation to determine if the student should remain in the "school of origin".
"Best Interest Meeting Determination Form (Foster Care)" means the document, which may be amended from time to time, approved by the Department for use in the determination of best interest in school placement decisions for students in foster care.
"Charter School" means a charter school board established pursuant to Chapter 5 of Title 14 of the Delaware Code.
"Child in DSCYF custody" or "student in foster care" means a student in the custody of the Department of Services for Children, Youth and Their Families (DSCFY) pursuant to Chapter 25 of Title 13 of the Delaware Code.
"Department" means the Delaware Department of Education.
"DFS" means the Division of Family Services, a unit of the Delaware Department of Services for Children, Youth and Their Families.
"DFS Caseworker" means the caseworker assigned to the student in foster care.
"DSCYF" means the Delaware Department of Services for Children, Youth and Their Families.
"LEA Foster Liaison" means the Local Educational Agency Liaison for students in foster care.
"Local School District" shall mean a reorganized school district or vocational technical school district established by 14 Del.C. Ch. 10.
"Secretary" means the Secretary of Education.
"State Coordinator" means the Delaware Coordinator for Education of Students in Foster Care.
3.1 "School of Origin" means the following:
4.1 A Best Interest meeting must occur within five (5) school days based on the School of Origin's school [instructional] calendar [or seven (7) business days in the event of the summer recess]:
5.1.1.2 invite the special education administrator or designee from the student's school of residence, based on the address of the DSCYF custody placement at the time of the meeting, and the student's School of Origin[, and the educational surrogate parent when applicable] to participate in the Best Interest meeting if the student is eligible for or receiving special education services.
5.1.2 The DFS Caseworker shall:
5.3.1 a representative of DSCYF, [preferable preferably] the DFS Caseworker,
6.1 Nothing in this regulation shall alter a Local School District or Charter School's duties under the Individual with Disabilities Act (IDEA) or 14 DE Admin. Code 922 through 929. Nothing in this regulation shall prevent a Local School District or Charter School from providing supportive instruction to children with disabilities in a manner consistent with the Individuals with Disabilities Education Act (IDEA) and Delaware Department of Education regulations.
Last Updated: December 31 1969 19:00:00.
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