Authenticated PDF VersionThe purpose of this regulation is to provide a list of required educational records and outline the process for transferring and maintaining those records.
The following words and terms, when used in this regulation, shall have the following meaning:
“Court Orders” means any written direction from a court of competent jurisdiction directed to the student or affecting the student’s care or custody.
“Cumulative Record File” means a file containing the Delaware Emergency Treatment Card, Identifying Data, School Health Record, Progress Report, Student Transcript (for students in grades 9 and above), and Discipline Record.
“Delaware Emergency Treatment Card” means a form containing contact information and general school emergency procedures for the care of a student who becomes sick or injured at school. The card contains the following information: the student's name, birth date, school district, school, grade or class assignment, home address, and telephone number; the name, place of employment and work telephone number of the parent, guardian or relative caregiver; 2 other names, addresses, and telephone numbers of individuals who can be contacted at times when the parent, guardian or relative caregiver cannot be reached; the name and telephone number of the primary health care provider and family dentist; any medical conditions or allergies the student has; and the student's medical insurance. NONREGULATORY NOTE: 14 DE Admin. Code 811 School Health Record Keeping Requirements contains the same definition for "Delaware Emergency Treatment Card."
“Delaware School Health Record” means the form required by 14 DE Admin. Code 811 for Delaware public school students.
“Discipline Record” means information about all periods of suspension or of expulsion from the regular school setting imposed on a student as a result of an infraction of the school or district’s code of conduct or other rules.
“Identifying Data” means the name of the student, date of birth, sex, race and ethnicity, address, telephone number, Delaware student identification number and the name of the parents, guardians, or relative caregivers.
“Progress Report” means a single record maintained for each student in kindergarten through grade 8 that contains end of year and up to date grades; standardized tests scores such as the state student assessment; and attendance data for each year of the student’s attendance.
"Public School" means a school or charter school having any or all of grades kindergarten through grade 12, supported primarily from public funds and under the supervision of public school administrators.
“Student Transcript” means a single record maintained for each student in grades 9 and above that contains the following: end of year and up to date grades; credits earned; class rank; Grade Point Average (GPA); withdrawal or graduation date; standardized tests scores such as the state student assessment, SAT, PSAT, ACT; attendance data and school activities. If applicable, a list of the career technical competencies achieved by a student enrolled in a specific career technical program shall also be included.
3.0 Education Records Required by Schools in Delaware
3.1.3 The Cumulative Record File for a child with a disability as defined in 14 DE Admin. Code 925 or for a child identified under Section 504 shall contain any records related to the identification, evaluation, placement, and provision of a free appropriate public education. Such documents may be collected and maintained separately.
4.0 Transfer of the Records of Public School and Private Schools Students
4.5 Upon the closure of a charter school, the student’s Cumulative Record File shall be forwarded to the receiving school in accordance with charter school closure protocol as outlined in 14 Del.C. §512(16) and §515(i).
5.0 Maintenance of the Education Records of Public Schools
5.1 The Delaware School District General Records Retention Schedule published by the Delaware Public Archives shall be followed as to the length of time and special considerations for the maintenance of education records.
6.0 Destruction of Education Records of Public Schools
6.1 The Delaware School District General Records Retention Schedule published by the Delaware Public Archives shall be followed as to the length of time and special considerations for the destruction of any education records.
6.2 The destruction of educational records of children with disabilities shall also comply with the requirements of 14 DE Admin. Code 927.
