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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsSeptember 2017


Regulatory Flexibility Act Form

Authenticated PDF Version

Education Impact Analysis Pursuant To 14 Del.C. §122(d)
The Secretary of Education intends to amend 14 DE Admin. Code by adding a new regulation 903 Best Interest Determination Process for School Placement - Students in Foster Care. The regulation is required by Senate Bill 87 of the 149th General Assembly. Specifically, this regulation outlines the process for determining whether remaining in the school of origin is in the best interest of a student in foster care, including: 1) the timeline for the best interest meetings; 2) mandatory participants in the best interest meetings; and 3) how the decisions for best interest is determined.
Under 14 Del.C. §202A, a student in the custody of DSCYF must remain in the student's School of Origin unless a determination is made that it is not in the student's best interest to attend such school. The purpose of this regulation is to provide the process for the determination of best interest in school placement decisions for students in foster care.
"Best Interest Meeting" means the convening of certain individuals as noted within this regulation to determine if the student should remain in the "school of origin".
"Best Interest Meeting Determination Form (Foster Care)" means the document, which may be amended from time to time, approved by the Department for use in the determination of best interest in school placement decisions for students in foster care.
"Charter School" means a charter school board established pursuant to Chapter 5 of Title 14 of the Delaware Code.
"Child in DSCYF custody" or "student in foster care" means a student in the custody of the Department of Services for Children, Youth and Their Families (DSCFY) pursuant to Chapter 25 of Title 13 of the Delaware Code.
"Department" means the Delaware Department of Education.
"DFS" means the Division of Family Services, a unit of the Delaware Department of Services for Children, Youth and Their Families.
"DFS Caseworker" means the caseworker assigned to the student in foster care.
"DSCYF" means the Delaware Department of Services for Children, Youth and Their Families.
"LEA Foster Liaison" means the Local Educational Agency Liaison for students in foster care.
"Local School District" shall mean a reorganized school district or vocational technical school district established by 14 Del.C. Ch. 10.
"Secretary" means the Secretary of Education.
"State Coordinator" means the Delaware Coordinator for Education of Students in Foster Care.
3.1 "School of Origin" means the following:
5.1.2 The DFS Caseworker shall:
Last Updated: December 31 1969 19:00:00.
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