DEPARTMENT OF EDUCATION

Office of the Secretary

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

14 DE Admin. Code 930

PROPOSED

PUBLIC NOTICE

930 Supportive Instruction (Homebound)

Education Impact Analysis Pursuant To 14 Del.C. Section 122(D)

A. Type of Regulatory Action Required

Amendment to Existing Regulation

B. Synopsis of Subject Matter of the Regulation

The Secretary of Education intends to amend 14 DE Admin. Code 930 Supportive Instruction (Homebound) for formatting purposes as well as clarification. The regulation was reviewed pursuant to the five year cycle.

Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before November 4, 2010 to Susan Haberstroh, Education Associate, Regulation Review, Department of Education, at 401 Federal Street, Suite 2, Dover, Delaware 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? The amendments did not substantively change the current regulation and were for clarification and formatting purposes only.

2. Will the amended regulation help ensure that all students receive an equitable education? The amendments did not substantively change the current regulation and were for clarification and formatting purposes only.

3. Will the amended regulation help to ensure that all students’ health and safety are adequately protected? The amendments did not substantively change the current regulation and were for clarification and formatting purposes only.

4. Will the amended regulation help to ensure that all students’ legal rights are respected? The amendments did not substantively change the current regulation and were for clarification and formatting purposes only.

5. Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The amendments did not substantively change the current regulation and were for clarification and formatting purposes only.

6. Will the amended regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The amendments did not substantively change the current regulation and were for clarification and formatting purposes only.

7. Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The amendments did not substantively change the current regulation and were for clarification and formatting purposes only.

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? The amendments did not substantively change the current regulation and were for clarification and formatting purposes only.

9. Is there a less burdensome method for addressing the purpose of the regulation? The amendments did not substantively change the current regulation and were for clarification and formatting purposes only.

10. What is the cost to the State and to the local school boards of compliance with the regulation? The amendments did not substantively change the current regulation and were for clarification and formatting purposes only.

930 Supportive Instruction (Homebound)

1.0 Definition

“Supportive Instruction” is an alternative educational program provided at home, in a hospital or at a related site for a students temporarily at home or hospitalized for a sudden illness, injury, episodic flare up of a chronic condition or accident considered to be of a temporary nature.

1.1 Procedures for eligibility shall be limited to appropriate certification that the student cannot attend school.

1.2 Services for children with disabilities as defined in the Individuals with Disabilities Education Act (IDEA) (20 U.S.C 1400 et.seq), and its regulations (34 CFR parts 300 and 301), 14 Del.C., Ch. 31, and the State Department of Education's regulations on Children with Disabilities (14 DE Admin. Code 922 through 929) shall be provided according to the Administrative Manual: Special Education Services, in accordance with these laws and shall be processed under the district's special education authority. Nothing in this regulation shall prevent a district from providing supportive instruction to children with disabilities in a manner consistent with the Individuals with Disabilities Education Act (IDEA) and the Administrative Manual and its regulations, 14 Del.C., Chapter 31, and the Department of Education's regulations on Children with Disabilities.

1.3 Nothing in this regulation shall alter a district's duties under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act to students who are qualified individuals with disabilities. Nothing in this regulation shall prevent a district from providing supportive instruction to such students.

2.0 Eligibility

2.1 A student enrolled in a school district is eligible for supportive instruction when the school district receives the required certification that an accident, injury, sudden illness or episodic flare up of a chronic condition will prevent the student from attending school for at least ten (10) school days.

2.1.1 A physician must certify absences due to a medical condition.

2.1.2 Absences due to severe adjustment problems must be certified by a psychologist or psychiatrist and confirmed through a staff conference.

2.1.3 A physician must certify absences due to pregnancy complicated by illness or other abnormal conditions.

2.1.3.1 Students do A student does not qualify for supportive instruction for normal pregnancies unless there are complications.

2.1.3.2 Students A student who remain enrolled in school are is eligible for supportive instruction during a postpartum period not to exceed six weeks. Postpartum absences must be certified by a physician.

2.4 Supportive instruction can be requested as an in school transitional program that follows a period of supportive instruction that was provided outside of the school setting. If the supportive instruction is provided as an in school transitional program, it must be approved through a staff conference.

9 DE Reg. 402 (9/1/05)

3.0 Implementation

3.1 Supportive instruction for a students shall begin as soon as the documentation required by 2.0 is received. Supportive instruction may continue upon the return to school setting only in those exceptional cases where it is determined that a student needs a transitional program to guarantee a successful return to the school program as delineated in setting in accordance with 2.4.

3.1.1 Supportive instruction shall adhere to the extent possible to the student's school curriculum and shall make full use of the available technology in order to facilitate the instruction.

3.1.1.1 The school shall provide a minimum of 3 hours of supportive instruction each week of eligibility for students a K to 5th grade student, and a minimum of five hours each week of eligibility for students a 6 to 12th grade student. There is no minimum for in school transition.

3.1.1.2 Nothing in this regulation shall prevent a school district school from providing additional hours of supportive instruction to an eligible students from either its Academic Excellence allotment or other available funding sources.

3.1.2 Summer instruction is permitted for a student who is otherwise eligible for supportive instruction and, as determined by the student's teachers and principal, needs the instruction to complete course work or to maintain a level of instruction in order to continue in a school program setting the following school year.

4 DE Reg. 344 (8/1/00)

4 DE Reg. 497 (9/1/00)

9 DE Reg. 402 (9/1/05)

14 DE Reg. 231 (10/01/10) (Prop.)