DEPARTMENT OF EDUCATION

Office of the Secretary

Statutory Authority: 14 Delaware Code, Sections 1508 and 1803 (14 Del.C. §§1508 & 1803)

14 DE Admin. Code 734

PROPOSED

PUBLIC NOTICE

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

734 Financial Responsibility Training for District School Board, Charter School Board and Citizen Budget Oversight Committee Members

A. Type of Regulatory Action Required

Amendment to Existing Regulation

B. Synopsis of Subject Matter of the Regulation

Pursuant to 14 Del.C. §§1803 and 1508, the Secretary of Education intends to amend 14 DE Admin. Code 734 Financial Responsibility Training for District School Board, Charter School Board and Citizen Budget Oversight Committee Members. This regulation is being amended to include school district and charter school leaders per House Bill 225 of the 150th General Assembly, to ensure that two individuals have Financial Responsibility Training at all times and to update the title of the regulation.

Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before November 4, 2019 to the Department of Education, Office of the Secretary, Attn: Regulation Review, 401 Federal Street, Suite 2, Dover, Delaware 19901 or email to DOEregulations.comment@doe.k12.de.us. A copy of this regulation may be viewed online at the Registrar of Regulation’s website, http://regulations.delaware.gov/services/current_issue.shtml, or obtained at the Department of Education, located at the address listed above.

C. Impact Criteria

1. Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation does not specifically address the improvement of student achievement as measured against state achievement standards.

2. Will the amended regulation help ensure that all students receive an equitable education? The amended regulation is intended to continue to help ensure all students receive an equitable education.

3. Will the amended regulation help to ensure that all students’ health and safety are adequately protected? The amendments do not address students’ health and safety.

4. Will the amended regulation help to ensure that all students’ legal rights are respected? The amended regulation continues to help ensure that all student’s 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? The amended regulation does not change the decision making at the local board and 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? The amended regulation does not place any unnecessary reporting or administrative requirements on decision makers.

7. Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The decision making authority and accountability for addressing the subject to be regulated does not change because of the amendment.

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 amendment is consistent with and 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? There is not a less burdensome method for addressing the purpose of the regulation.

10. What is the cost to the State and to the local school boards of compliance with the regulation? There is no expected cost to implementing this amended regulation.

734 Financial Responsibility Training for District School Board, Charter School Board and Citizen Budget Oversight Committee Members

1.0 Purpose

The purpose of this regulation is to outline the criteria and process for the required one-time Financial Responsibility Training for members of district school boards School District boards, including vocational technical school boards and the boards, boards of charter schools pursuant to 14 Del.C. §1803§1803, and for members of the Citizen Budget Oversight Committee Committees (CBOC) pursuant to 14 Del.C. §1508, and School District and Charter School Leaders. Financial Responsibility Training provides instruction to members of school boards and boards, CBOCs and School District and Charter School Leaders as to how to properly ensure that public funds are appropriately managed and expended, as well as to provide training on state and local funding of public education.

21 DE Reg. 210 (09/01/17)

2.0 Definitions

The following words and terms, for the purposes of this regulation, shall have the following meaning unless the context clearly indicates otherwise:

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

“Charter School” means a non-home based full-time public school that is operated in an approved physical plant under a charter granted by, or transferred to, the Department or other authorizing body for the personal physical attendance of all students.

"Charter School Board" means the board of directors of a charter school that shall be a public body subject to the requirements of 29 Del.C. Ch. 100 and shall have the same standing and authority as a Reorganized School District Board of Education, except the power to tax.

“Charter School Leader” means the head of school or chief financial officer of a charter school.

“Citizen Budget Oversight Committee (CBOC)” means a group of parents, educators and taxpayers that oversee the financial position of a Local School District or Charter School pursuant to 14 Del.C. §1508.

“Department” means the Delaware Department of Education.

"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.

“Local School District” means a reorganized school district or vocational technical school district established pursuant to 14 Del.C. Ch. 10.

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

“School District” means a reorganized school district or vocational technical school district established pursuant to 14 Del.C. Ch. 10.

“School District Board” means reorganized School District Board or vocational technical school district boards duly appointed or elected pursuant to 14 Del.C. Ch. 10.

“School District Leader” means the superintendent of a School District or the chief financial officer.

"Trainer" means an individual or organization approved by the Department of Education to provide Financial Responsibility Training.

21 DE Reg. 210 (09/01/17)

3.0 Financial Responsibility Training Components

3.1 The Financial Responsibility Training shall be developed and coordinated by the Department’s Finance Office. This one-time training may be provided in person or online at the discretion of the Department and shall 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 Information regarding the State’s financial management system; and

3.1.4 Reporting requirements.

21 DE Reg. 210 (09/01/17)

4.0 District School Board, Charter School Board and CBOC Member Requirements

4.1 Each member of a District School District Board or Charter School Board shall attend and receive a Certificate of Completion for Financial Responsibility Training within three (3) months of election, appointment, or voluntary service to a District School District Board or Charter School Board. Provided further, additional training may be required from time to time as determined by the Department. Notification of any additional training shall be provided to the district or charter school.

4.2 Each member of a CBOC shall attend and receive a Certificate of Completion for the Financial Responsibility Training within three (3) months of appointment to a CBOC. Provided further, additional training may be required from time to time as determined by the Department. Notification of any additional training shall be provided to the district or charter school.

4.3 Each School District Leader shall attend and receive a Certificate of Completion for the Financial Responsibility Training within three (3) months of appointment to their position. Provided further, additional training may be required from time to time as determined by the Department. Notification of any additional training shall be provided to the district.

4.4 Each Charter School Leader shall attend and receive a Certificate of Completion for the Financial Responsibility Training within three (3) months of appointment to their position. Provided further, additional training may be required from time to time as determined by the Department. Notification of any additional training shall be provided to the charter school.

21 DE Reg. 210 (09/01/17)

5.0 Financial Responsibility Training Schedule School District and Charter School Leaders

The Department shall communicate training opportunities to Local School Districts and Charter Schools as they are scheduled. The Financial Responsibility Training shall be conducted by a Trainer as defined in this regulation, and approved by the Department’s Finance Office.

5.1 Effective July 1, 2019, each School District and Charter School Leader is required to complete Financial Responsibility Training.

5.1.1 In the event that an individual has a dual capacity such as serving as both the school leader and chief financial officer, the School District or Charter School Leader shall designate a designee, so that two (2) individuals at all times have completed Financial Responsibility Training.

5.2 Any individual employed in a School District or Charter School Leader position prior to July 1, 2019 is not required to complete Financial Responsibility Training.

21 DE Reg. 210 (09/01/17)

6.0 Notification of Attendance Financial Responsibility Training Availability

6.1 The Department shall periodically, but not less than annually, provide a list of those School Board and CBOC members that have not satisfied the requirement of subsections 4.1 and 4.2 to their respective District School Board or Charter School Board President, the Office of Management and Budget, and Controller General's Office. provide the required training opportunity in a self-paced, online format as approved by the Department’s Finance Office.

6.2 Financial Responsibility Training shall be available to any additional employees, volunteers or stakeholders as requested by any School District or Charter School.

11 DE Reg. 744 (12/01/07)

21 DE Reg. 210 (09/01/17)

7.0 Notification of Attendance

7.1 The Department shall periodically, but not less than annually, provide a list of those School Board members, CBOC members and School District and Charter School Leaders that have not satisfied the requirement of subsections 4.1 and 4.2 to their respective School District or Charter School.

7.2 The Department shall notify the School District or Charter School upon successful completion of the Financial Responsibility Training by any School District or Charter School Leader.

11 DE Reg. 744 (12/01/07)

21 DE Reg. 210 (09/01/17)

23 DE Reg. 266 (10/01/19) (Prop.)