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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsNovember 2017


Regulatory Flexibility Act Form

Authenticated PDF Version

14 DE Admin. Code 225
Education Impact Analysis Pursuant To 14 Del.C. §122(d)
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. The Department was directed 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 1st. The Department was also charged with producing 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. The model policy is attached as Exhibit 1.
"Anti-Discrimination Model Policy" means the policy, developed and approved by the Department, to be used by a School District or Charter School in the establishment of its anti-discrimination policy.
"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 or Educational Activity.
"Department" means the Delaware Department of Education.
"Educational Program and Activity" mean 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.
7.2 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 the petition for change of name 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.
7.3 Any student who seeks to change the student's name and does not do so pursuant to 10 Del.C. §5901, may select a "preferred name" based on a Protected Characteristic, which the school shall enter in to eSchoolPLUS; however, the student's legal name shall continue to be the name maintained in eSchoolPLUS and 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 policy reflects the provisions of 14 DE Admin. Code 225 Prohibition of Discrimination.
DEFINITIONS (Additional definitions may be added by School District or Charter School)
"Educational Program and Activity" mean 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.
Last Updated: December 31 1969 19:00:00.
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