DEPARTMENT OF EDUCATION

Office of the Secretary

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

14 DE Admin. Code 734

PROPOSED

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

734 District School Board and Charter School Board Member Financial Responsibility Training

A. Type of Regulatory Action Required

New Regulation

B. Synopsis of Subject Matter of the Regulation

The Secretary of Education intends to amend 14 DE Admin. Code by adding a new regulation titled 734 District School Board and Charter School Board Member Financial Responsibility Training. This regulation is required by passage of Senate Bill 308 from the 143rd General Assembly. This regulation outlines the financial responsibility training required for district and charter school board members.

Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before November 5, 2007 to Susan Haberstroh, Education Associate, Regulation Review, Department of Education, at 401 Federal Street, Suite 2, Dover, DE 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? This regulation outlines the financial responsibility training of school board members and does not specifically address student achievement as measured against the state achievement standards.

2. Will the amended regulation help ensure that all students receive an equitable education? This regulation outlines the financial responsibility training of school board members and does not specifically address the assurance that all students receive and equitable education.

3. Will the amended regulation help to ensure that all students' health and safety are adequately protected? This regulation outlines the financial responsibility training of school board members and does not specifically address the health and safety of students.

4. Will the amended regulation help to ensure that all students' legal rights are respected? This regulation outlines the financial responsibility training of school board members and does not specifically address the assurance that all students' legal rights are respected.

5. Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? This regulation outlines the financial responsibility training of school board members and does not change any of the authority or flexibility of decision making at the local board or 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? This regulation outlines the mandated financial responsibility training of school board members and does not change any of the reporting or administrative requirements upon local or school level decision makers.

7. Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? This regulation outlines the mandated financial responsibility training of school board members and does not change the entity where decision making authority or accountability currently lies.

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? This regulation outlines the mandated financial responsibility training of school board members and is not an impediment to the implementation of other state educational policies.

9. Is there a less burdensome method for addressing the purpose of the regulation? This regulation outlines the mandated financial responsibility training of school board members.

10. What is the cost to the State and to the local school boards of compliance with the regulation? There are no substantive additional costs to the State or local school boards for compliance with this regulation.

734 District School Board and Charter School Board Member Financial Responsibility Training

1.0 Purpose

The purpose of this regulation is to outline the criteria and process for the required financial responsibility training for members of district school boards including vocational technical school boards and the boards of charter schools pursuant to 14 Del.C. §1803. The purpose of the training is to instruct members of school boards in properly discharging their responsibility to insure that public funds, including both state and local funds, are appropriately managed and expended, and shall include training on state and local funding of public education.

2.0 Definitions

"Certificate of Completion" means the document provided by the Department of Education indicating the individual has attended and completed the School Board Financial Training.

"Charter School Board" shall mean the charter school board of directors pursuant to 14 Del.C. §§503, 504.

"District School Board" shall mean reorganized school district boards and vocational technical school district boards duly appointed or elected pursuant to Chapter 10 of Title 14 of the Delaware Code.

"School Board Member" shall mean a District School Board or Charter School Board member whether that person is elected, appointed, or is a volunteer.

"Trainer" means an individual approved by the Secretary of Education to provide the School Board Financial Training.

3.0 School Board Financial Training

3.1 The School Board Financial Training or Training means the educational programs, developed by the Department of Education, approved by the Office of Management and Budget and Controller General's Office for District School Board and Charter School Board members. This Training shall, at a minimum, consist of two (2) hours and cover the following topics:

3.1.1 Overview of education budget process and timelines;

3.1.2 Instruction in the basic rules of budgeting, including State of Delaware funds, local funds, and federal funds;

3.1.3 State Financial Management System; and

3.1.4 Reporting requirements.

4.0 District School Board and Charter School Board Financial Responsibility Training Requirement

4.1 Each member of a District School Board or Charter School Board shall attend and receive a Certificate of Completion for the School Board Financial Training within one (1) year of election, appointment, or voluntary service to a District School Board or Charter School Board.

4.2 An individual that attends Training and receives a Certificate of Completion shall be considered to meet the requirement of 4.1.

5.0 Schedule of School Board Financial Training

5.1 The Department shall annually publish a list of date(s) for Training. The Training shall be conducted by a Trainer as defined in this regulation.

6.0 Notification of Attendance

6.1 The Department shall periodically, but not less than annually, provide a list of those School Board Members that have not satisfied the requirement of 4.1 to their respective District School Board or Charter School Board President, the Office of Management and Budget, and Controller General's Office.

11 DE Reg. 402 (10/01/07) (Prop.)