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DEPARTMENT OF EDUCATION
Office of the Secretary
Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b))
14 DE Admin. Code 815
 
FINAL
 
ORDER
 
815 Health Examinations and Screening
 
I. Summary of the Evidence and Information Submitted
 
The Secretary of Education intends to amend 14 DE Admin. Code 815 Health Examinations and Screening related to the 9th grade health examination. The amendments change the requirement for a 9th grade health examination to be effective beginning with the 2013-2014 school year. The 9th grade health examination will be strongly recommended in the 2012-2013 school year. The delay for required implementation is to provide additional time for parents and guardians to be advised and to prepare for the new requirement. Districts and charters schools have already embarked on communicating information to parents and guardians related to the new 9th grade health examination.
Notice of the proposed regulation was published in the News Journal and the Delaware State News on July 6, 2012, in the form hereto attached as Exhibit “A”. Comments were received from Governor’s Advisory Council for Exceptional Citizens and the State Council for Persons with Disabilities as well as an educator in Delaware. The Councils would have preferred full implementation in the 2012-2013 but understood the rationale for additional time for the roll-out. The educator supports the delay; however, in addition supports one form rather than a separate form for interscholastic sports and the general health examination form. The Department is working on developing a form that would work for multiple purposes.
 
II. Findings of Facts
 
The Secretary finds that it is appropriate to amend 14 DE Admin. Code 815 Health Examinations and Screening in order to delay the required implementation of the 9th grade health examination until the 2013-2014 school year to allow for more outreach to parents and guardians.
 
III. Decision to Amend the Regulation
 
For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 815 Health Examinations and Screening. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 815 Health Examinations and Screening attached hereto as Exhibit “B” is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 815 Health Examinations and Screening hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below.
 
IV. Text and Citation
 
The text of 14 DE Admin. Code 815 Health Examinations and Screening amended hereby shall be in the form attached hereto as Exhibit “B”, and said regulation shall be cited as 14 DE Admin. Code 815 Health Examinations and Screening in the Administrative Code of Regulations for the Department of Education.
 
V. Effective Date of Order
 
The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on August 16, 2012. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations.
 
IT IS SO ORDERED the 16th day of August 2012.
 
Department of Education
Mark T. Murphy, Secretary of Education
 
Approved this 16th day of August 2012
 
815 Health Examinations and Screening
 
1.0 Definitions
"Delaware School Health Examination Form" means the age appropriate form developed by the Delaware Department of Education for documenting information from the parent, guardian or Relative Caregiver and healthcare provider on the student's health status.
"Delaware Interscholastic Athletic Association (DIAA) Pre-Participation Physical Evaluation" means the form approved by the DIAA.
"Healthcare Provider" means a currently licensed physician, advanced practice nurse, nurse practitioner, or physician's assistant.
"Health Examination or Health Evaluation" means the medical or nursing examination or evaluation and assessment of the body by a healthcare provider to determine health status and conditions.
15 DE Reg. 838 (12/01/11)
 
2.0 Health Examinations
2.1 All public school students shall have two health examinations, as provided in this section, that have been administered by a healthcare provider. The first health examination shall have been done within the two years prior to entry into school. Beginning in school year 2012-2013, the second health examination shall be required strongly recommended and not required for entering grade 9 students. Beginning in school year 2013-2014, the second health examination shall be required for entering grade 9 students. The required health examination and shall be done within the two years prior to entry into grade 9. Within thirty calendar days after entry, new enterers and grade 9 students who have not complied with the second health examination requirement shall have received the health examination or shall have a documented appointment with a licensed health care provider for the health examination. For purposes of this regulation only, students entering grades 10, 11 or 12 in the 2012 - 2013 2013-2014 school year shall not be required to have the second health examination or evaluation.
2.1.1 The requirement for the health examination may be waived for students whose parent, guardian or Relative Caregiver, or the student if 18 years or older, or an unaccompanied homeless youth (as defined by 42 USC 11434a) presents a written declaration acknowledged before a notary public, that because of individual religious beliefs, they reject the concept of health examinations.
2.1.2 Notwithstanding the above, a second health examination shall not be required if the first health examination is within two years of entering Grade 9.
2.1.3 The Delaware School Health Examination Form or the DIAA Pre-Participation Physical Evaluation form may be used as documentation of the health examination. In addition, a district or charter school may accept a health examination or evaluation documentation on a form which includes, at a minimum, health history, immunizations, results on medical testings and screenings, medical diagnoses, prescribed medications and treatments, and healthcare plans.
2.1.4 The school nurse shall record all findings within the student’s electronic medical record (see 14 DE Admin. Code 811) and maintain the original copy in the child’s medical file.
10 DE Reg. 1807 (06/01/07)
15 DE Reg. 838 (12/01/11)
 
Non regulatory note: See 14 DE Admin. Code 1008.3 and 14 DE Admin. Code 1009.3 for physical or health examination requirements associated with participation in sports.
 
3.0 Screening
3.1 Vision and Hearing Screening
3.1.1 Each public school student in kindergarten and in grades 2, 4, 7 and grades 9 or 10 shall receive a vision and a hearing screening by January 15th of each school year.
3.1.1.1 In addition to the screening requirements in 2.1.1 3.1.1, screening shall also be provided to new enterers, students referred by a teacher or an administrator, and students considered for special education.
3.1.1.1.1 Driver education students shall have a vision screening within a year prior to their in car driving hours.
3.1.2 The school nurse shall record the results within the student’s electronic medical record and shall notify the parent, guardian or Relative Caregiver or the student if 18 years or older, or an unaccompanied homeless youth (as defined by 42 USC 11434a) if the student has a suspected problem.
3.2 Postural and Gait Screening
3.2.1 Each public school student in grades 5 through 9 shall receive a postural and gait screening by December 15th.
3.2.2 The school nurse shall record the findings within the student’s electronic medical record (see 14 DE Admin. Code 811) and shall notify the parents, guardian or Relative Caregiver, or the student if 18 years or older, or an unaccompanied homeless youth (as defined by 42 USC 11434a) if a suspected deviation has been detected.
3.2.2.1 If a suspected deviation is detected, the school nurse shall refer the student for further evaluation through an on site follow up evaluation or a referral to the student’s health care provider.
3.3 Lead Screening
3.3.1 Children who enter school at kindergarten or at age 5 or prior, shall be required to provide documentation of lead screening as per 16 Del.C. Ch. 26.
3.3.1.1 For children enrolling in kindergarten, documentation of lead screening shall be provided within sixty (60) calendar days of the date of enrollment. Failure to provide the required documentation shall result in the child's exclusion from school until the documentation is provided.
3.3.1.2 Exemption from this requirement may be granted for religious exemptions, per 16 Del.C. §2603.
3.3.1.3 The Childhood Lead Poisoning Prevention Act, 16 Del.C., Ch. 26, requires all health care providers to order lead screening for children at or around the age of 12 months of age.
3.3.2 The school nurse shall document the lead screening within the student’s electronic medical record. See 14 DE Admin. Code 811.
7 DE Reg. 68 (07/01/03)
10 DE Reg. 1807 (06/01/07)
15 DE Reg. 838 (12/01/11)
16 DE Reg. 283 (09/01/12) (Final)