DEPARTMENT OF EDUCATION
Office of the Secretary
FINAL
REGULATORY IMPLEMENTING ORDER
930 Supportive Instruction (Homebound)
I. Summary of the Evidence and Information Submitted
The Secretary of Education intends to amend Title 14 of the Delaware Administrative Code by amending 14 DE Admin. Code 930 Supportive Instruction (Homebound). This amendment is related to supportive instruction for students who are pregnant.
Notice of the proposed regulation was published in the News Journal and the Delaware State News on July 1, 2014, in the form hereto attached as Exhibit “A”. Support letters with minimal changes related to further clarifying the meaning of supportive instruction, as well as conditions that warrant a student eligible for homebound instruction were received from Governor’s Advisory Council for Exceptional Citizens and the State Council for Persons with Disabilities. General support letters with no changes noted to the proposed regulation were received from the National Women’s Law Center and the American Civil Liberties Union.
II. Findings of Facts
The Secretary finds that it is appropriate to amend 14 DE Admin. Code 930 Supportive Instruction (Homebound) to state that students are eligible for supportive instruction in a homebound setting for conditions related to pregnancy, or childbirth.
III. Decision to Amend the Regulation
For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 930 Supportive Instruction (Homebound). Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 930 Supportive Instruction (Homebound) attached hereto as Exhibit “B” is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 930 Supportive Instruction (Homebound) 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 930 Supportive Instruction (Homebound) amended hereby shall be in the form attached hereto as Exhibit “B”, and said regulation shall be cited as 14 DE Admin. Code 930 Supportive Instruction (Homebound) 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 21, 2014. 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 21st day of August 2014.
Department of Education
Mark T. Murphy, Secretary of Education
Approved this 21st day of August 2014
930 Supportive Instruction (Homebound)
“Supportive Instruction” [is means] an alternative educational program provided at home, in a hospital or at a related site for a student 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, accident, or pregnancy, childbirth, or related medical condition to pregnancy or childbirth]. Subject to 14 Del.C., §1604(8), this may also include an alternative educational program provided at home to a student that has been suspended, expelled or subject to expulsion based upon the student’s local school district or charter school policy.
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 Department of Education's regulations on Children with Disabilities (14 DE Admin. Code 922 through 929) shall be provided in accordance with these laws and shall be processed under the district's or charter school’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 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 or charter school’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.
2.1 A student enrolled in a school district or charter school is eligible for supportive instruction when the district or charter school receives the required certification that [an accident, injury, sudden illness or episodic flare up of a chronic condition one or more of the following conditions] will prevent the student from attending school for at least ten (10) school days[.:
2.1.1 Sudden illness,
2.1.2 Accident,
2.1.3 Episodic flare up of a chronic condition,
2.1.4 Injury, or
2.1.5 Pregnancy, childbirth or related medical condition.
2.1.1 2.2] A physician or an advanced practice nurse, employed by or who has a collaborative agreement with a licensed physician, or a physician assistant employed by and who has a written agreement with a supervising licensed physician must certify absences due to a medical condition.
[2.1.1.1 2.2.1] A student qualifies for supportive instruction during absences because of pregnancy, childbirth, or related medical conditions, which shall be excused absences for as long as deemed medically necessary by a physician or an advanced practice nurse, employed by and who has a collaborative agreement with a licensed physician, or a physician assistant employed by and who has a written agreement with a supervising licensed physician.
[2.1.1.2 2.2.2] A student who remains enrolled in school is eligible for supportive instruction during a postpartum period for as long as deemed medically necessary. Postpartum absences shall be certified by a physician or an advanced practice nurse, employed by and who has a collaborative agreement with a licensed physician, or a physician assistant employed by and who has a written agreement with a supervising licensed physician.
[2.1.2 2.3] 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 or an advanced practice nurse, employed by or who has a collaborative agreement with a licensed physician, or a physician assistant employed by and who has a written agreement with a supervising licensed physician must certify absences due to pregnancy complicated by illness or other abnormal conditions.
2.1.3.1 A student does not qualify for supportive instruction for normal pregnancies unless there are complications.
2.1.3.2 A student who remains enrolled in school is eligible for supportive instruction during a postpartum period not to exceed six weeks. Postpartum absences must be certified by a physician or an advanced practice nurse, employed by or who has a collaborative agreement with a licensed physician, or a physician assistant employed by and who has a written agreement with a supervising licensed physician.
[2.1.42.2 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.
3.1 Supportive instruction for a student 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 setting in accordance with 2.4 [2.2 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 a K to 5th grade student, and a minimum of five hours each week of eligibility for 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 or charter school from providing additional hours of supportive instruction to an eligible student from 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 setting the following school year.
If a local school district or charter school provides for supportive instruction (homebound) for students that have been suspended or expelled, the local school district or charter school shall have a written policy, which conforms with 14 Del.C. §1604(8), and any of its implementing regulations, regarding eligibility and implementation.
