Delaware RegisterRegulations of Issue Date: December 1, 2004Volume 8 - Issue 6 Pages 740 - 934IN THIS ISSUE: Regulations: ErrataProposedFinalGovernorExecutive OrdersAppointmentsGeneral NoticesCalendar of Events & Hearing NoticesPursuant to 29 Del. C. Chapter 11, Subchapter III, this issue of the Register contains all documents required to be published, and received, on or before November 15, 2004. DELAWARE REGISTER OF REGULATIONS The Delaware Register of Regulations is an official State publication established by authority of 69 Del. Laws, c. 107 and is published on the first of each month throughout the year. The Delaware Register will publish any regulations that are proposed to be adopted, amended or repealed and any emergency regulations promulgated. The Register will also publish some or all of the following information: •Governor’s Executive Orders •Governor’s Appointments •Attorney General’s Opinions in full text •Agency Hearing and Meeting Notices •Other documents considered to be in the public interest. CITATION TO THE DELAWARE REGISTER The Delaware Register of Regulations is cited by volume, issue, page number and date. An example would be: 6 DE Reg. 1541-1542 (06/01/03) Refers to Volume 6, pages 1541-1542 of the Delaware Register issued on June 1, 2003. SUBSCRIPTION INFORMATION The cost of a yearly subscription (12 issues) for the Delaware Register of Regulations is $135.00. Single copies are available at a cost of $12.00 per issue, including postage. For more information contact the Division of Research at 302-744-4114 or 1-800-282-8545 in Delaware. CITIZEN PARTICIPATION IN THE REGULATORY PROCESS Delaware citizens and other interested parties may participate in the process by which administrative regulations are adopted, amended or repealed, and may initiate the process by which the validity and applicability of regulations is determined. Under 29 Del.C. §10115 whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title. The notice shall describe the nature of the proceedings including a brief synopsis of the subject, substance, issues, possible terms of the agency action, a reference to the legal authority of the agency to act, and reference to any other regulations that may be impacted or affected by the proposal, and shall state the manner in which persons may present their views; if in writing, of the place to which and the final date by which such views may be submitted; or if at a public hearing, the date, time and place of the hearing. If a public hearing is to be held, such public hearing shall not be scheduled less than 20 days following publication of notice of the proposal in the Register of Regulations. If a public hearing will be held on the proposal, notice of the time, date, place and a summary of the nature of the proposal shall also be published in at least 2 Delaware newspapers of general circulation. The notice shall also be mailed to all persons who have made timely written requests of the agency for advance notice of its regulation-making proceedings. The opportunity for public comment shall be held open for a minimum of 30 days after the proposal is published in the Register of Regulations. At the conclusion of all hearings and after receipt, within the time allowed, of all written materials, upon all the testimonial and written evidence and information submitted, together with summaries of the evidence and information by subordinates, the agency shall determine whether a regulation should be adopted, amended or repealed and shall issue its conclusion in an order which shall include: (1) A brief summary of the evidence and information submitted; (2) A brief summary of its findings of fact with respect to the evidence and information, except where a rule of procedure is being adopted or amended; (3) A decision to adopt, amend or repeal a regulation or to take no action and the decision shall be supported by its findings on the evidence and information received; (4) The exact text and citation of such regulation adopted, amended or repealed; (5) The effective date of the order; (6) Any other findings or conclusions required by the law under which the agency has authority to act; and (7) The signature of at least a quorum of the agency members. The effective date of an order which adopts, amends or repeals a regulation shall be not less than 10 days from the date the order adopting, amending or repealing a regulation has been published in its final form in the Register of Regulations, unless such adoption, amendment or repeal qualifies as an emergency under §10119. Any person aggrieved by and claiming the unlawfulness of any regulation may bring an action in the Court for declaratory relief. No action of an agency with respect to the making or consideration of a proposed adoption, amendment or repeal of a regulation shall be subject to review until final agency action on the proposal has been taken. When any regulation is the subject of an enforcement action in the Court, the lawfulness of such regulation may be reviewed by the Court as a defense in the action. Except as provided in the preceding section, no judicial review of a regulation is available unless a complaint therefor is filed in the Court within 30 days of the day the agency order with respect to the regulation was published in the Register of Regulations. CLOSING DATES AND ISSUE DATES FOR THE DELAWARE REGISTER OF REGULATIONS ISSUE CLOSING CLOSING DATE DATE TIME JANUARY 1DECEMBER 154:30 P.M. FEBRUARY 1JANUARY 174:30 P.M. MARCH 1FEBRUARY 154:30 P.M. APRIL 1MARCH 154:30 P.M. MAY 1APRIL 154?30 P.M. DIVISION OF RESEARCH STAFF: Deborah A. Porter, Interim Supervisor; Sandra F. Clark, Administrative Specialist II; Kathleen Morris, Unit Operations Support Specialist; Jeffrey W. Hague, Registrar of Regulations; Steve Engebretsen, Assistant Registrar; Victoria Schultes, Administrative Specialist II; Rochelle Yerkes, Administrative Specialist II; Rhonda McGuigan, Administrative Specialist I; Ruth Ann Melson, Legislative Librarian; Lisa Schieffert, Research Analyst; Judi Abbott, Administrative Specialist I; Alice W. Stark, Legislative Attorney; Ted Segletes, Paralegal; Deborah J. Messina, Print Shop Supervisor; Marvin L. Stayton, Printer; Don Sellers, Printer. Cumulative Tables........................................................ 745 ERRATA DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PROFESSIONAL REGULATION 1700 Board of Medical Practice................................... 750 PROPOSED DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PROFESSIONAL REGULATION 1900 Board of Nursing................................................. 757 2600 Board of Physical Therapists & Athletic Trainers................................................................ 772 2700 Board of Professional Land Surveyors................ 774 3100 Board of Funeral Services................................... 777 3500 Board of Examiners of Psychologists................. 779 3600 Board of Geologists............................................. 785 3700 Board of Speech/Language Pathologists, Audiologists & Hearing Aid Dispensers............... 786 3800 State Committee on Dietetics/Nutrition.............. 787 5100 Board of Cosmetology & Barbering................... 788 5200 Board of Nursing Home Administrators............. 790 5300 Board of Massage and Bodywork....................... 796 DEPARTMENT OF AGRICULTURE HARNESS RACING COMMISSION Rule 8.9 Prerace Testing By Blood Gas Analyzer or Similar Equipment, and 8.10 Quarantine Procedure for Carbon Dioxide Positive Tests (Prerace or Postrace).................................... 798 DEPARTMENT OF EDUCATION 250 Procedures Related to the Collection, Maintenance & Disclosure of Student Data.......... 800 278 Non-Public School Educator Licensure and Certification.................................................... 811 714 Professional Employee Work Stoppage or Strike................................................................ 820 725 School Administrator Contracts/Agreements........ 821 805 The School Health Tuberculosis (TB) Control Program.................................................... 822 PROFESSIONAL STANDARDS BOARD 307 Certification Administrative – Director of Special Education................................................. 825 309 Certification Administrative - Supervisor of Special Education, Repeal of........................... 827 1501 Knowledge, Skills And Responsibility Based Supplements For Educators.................................. 828 1531 Certification Administrative - School Leader I................................................................ 832 1540 Standard Certificate Science Teacher................. 834 1542 Standard Certificate Science Teacher Middle Level......................................................... 837 1584 Permits Paraeducators......................................... 839 DEPARTMENT OF FINANCE OFFICE OF THE STATE LOTTERY Rule 4.2 Licensing of Technology Providers; Rule 6.34 & 6.35 Agents: Duties; Rule 7.16.2 Game Requirements.................................. 842 DIVISION OF PUBLIC HEALTH 4203 Cancer Treatment Program Regulations............. 850 DIVISION OF SOCIAL SERVICES Provider Contractual/Programmatic Responsibilities, Section 1.6............................................................ 854 DSSM; Sections 20011.1, 2001.1.1 and 2001.1.2, Redeterminations.................................................. 855 9032.6 Residency (Including Homelessness Definition)..................................................... 857 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL DIVISION OF FISH AND WILDLIFE Non-Tidal Finfish; 3308 Fish Stocking Practices................................ 858 Tidal Finfish; 3502 Striped Bass Spawning Season and Area Restrictions. .................................................. 858 3505 Striped Bass Commercial Fishing Seasons; Quotas; Tagging & Reporting Requirements................................................. 858 3553 River Herring Creel Limit........................... 858 DIVISION OF WATER RESOURCES Regulations Governing the Design, Installation and Operation of On-Site Wastewater Treatment & Disposal Systems.............................................. 861 DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PROFESSIONAL REGULATION 1900 Board of Nursing................................................. 864 2500 Board of Pharmacy.............................................. 879 3900 Board of Clinical Social Work Examiners.......... 880 DEPARTMENT OF EDUCATION 742 Compensation of District Personnel Under Specific Project Proposals..................................... 884 925 Children with Disabilities...................................... 886 PROFESSIONAL STANDARDS BOARD 1554 Standard Certificate Reading Specialist.............. 899 DIVISION OF SOCIAL SERVICES DSSM 9026.1, Food Stamp Program........................... 901 GOVERNOR Executive Order No. 61; Green Infrastructure............. 905 Appointments............................................................... 907 GENERAL NOTICES DEPARTMENT OF EDUCATION State Board of Education’s Procedures Manual........... 911 DEPARTMENT OF INSURANCE Agents Bulletin No. 13, Continuing Education Changes under Amended Reg. 504....................... 926 CALENDAR OF EVENTS/HEARING NOTICES Dept. of Administrative Services, Div. of Professional Regulation, Notices of Public Hearings: Board of Nursing........................................... 928 Board of Physical Therapists and Athletic Trainers.................................................. 928 Board of Professional Land Surveyors.......... 928 Board of Funeral Services............................. 928 Board of Examiners of Psychologists........... 929 Board of Geologists....................................... 929 Board of Speech/Language Pathologists, Audiologists & Hearing Aid Dispensers...... 929 State Committee on Dietetics/Nutrition........ 929 Board of Cosmetology................................... 930 Board of Nursing Home Administrators....... 930 Board of Massage & Bodywork.................... 930 Dept. of Agriculture, Harness Racing Commission Notice of Public Hearing...................................... 930 State Board of Education, Monthly Meeting............... 931 Dept. of Finance, Office of the State Lottery, Notice of Public Hearing...................................... 931 Dept. of Health & Social Service, Div. of Public Health, Notice of Public Hearing......................... 931 Div of ocial Services, Notice of Public Comment Period............................. ...... 931, 932 Regulations Governing the Design, Installation and Operation of On-Site Wastewater Treatment & Disposal Systems 933 DNREC, Div. of Fish & Wildlife Notices of Public Hearings: Non-Tidal Finfish Reg. 3308......................... 932 Tidal-Finfish Regs. 3502, 3505 & 3553........ 933 Div. of Water Resources, Regulations Governing the Design, Installation and Operation of On-Site Wastewater Treatment & Disposal Systems, ................... 933 DELAWARE MANUFACTURED HOME RELOCATION TRUST FUND 201 Delaware Manufactured Home Relocation Trust Fund Regulations......................................8 DE Reg. 619 (Prop.) DELAWARE RIVER BASIN COMMISSION Proposed Amendment to the Water Quality Regulations, Water Code and Comprehensive Plan to Classify the Lower Delaware River as Special Protection Waters.............................8 DE Reg. 513 (Prop.) Proposed Amendment to the Water Quality Regulations, WAter Code and Comprehensive Plan to Establish Pollutant Minimization Plan Requirements for Point and Non-Point Source Discharges of Toxic Pollutants Following Issuance of a TMDL by either the U.S. Environmental Protection Agency or a Member State, or an Assimilative Capacity Determination by the Delaware River Basin Commission.....................................................8 DE Reg. 515 (Prop.) DELAWARE STATE FIRE PREVENTION COMMISSION State Fire Prevention Regulations....................................................................................................8 DE Reg. 6 (Prop.) 8 DE Reg. 416 (Final) DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PROFESSIONAL REGULATION (TITLE 24 DELAWARE ADMINISTRATIVE CODE) 200 Board of Landscape Architects........................................................................................8 DE Reg. 625 (Prop.) 700 Board of Chiropractic......................................................................................................8 DE Reg. 627 (Prop.) 1400 Board of Electrical Examiners.......................................................................................8 DE Reg. 627 (Prop.) 1700 Board of Medical Practice.............................................................................................8 DE Reg. 628 (Prop.) 1770 Board of Medical Practice Respiratory Care Advisory Council....................................8 DE Reg. 635 (Prop.) 1800 Board of Plumbing Examiners.......................................................................................8 DE Reg. 639 (Prop.) 1900 Board of Nursing...........................................................................................................8 DE Reg. 377 (Prop.) 2000 Board of Occupational Therapy Practice, Rule 7.0, Crimes Substantially Related to the Practice of Occupational Therapy....................................................8 DE Reg. 518 (Prop.) 2100 Board of Examiners in Optometry.........................................................................8 DE Reg. 16 (Prop.) 8 DE Reg. 536 (Final) 8 DE Reg. 640 (Prop.) 2500 Board of Pharmacy, Rule 16.0, Crimes Substantially Related to the Practice of Pharmacy.................................................................................................................8 DE Reg. 517 (Prop.) 3300 Board of Veterinary Medicine........................................................................................8 DE Reg. 645 (Prop.) 3900 Board of Clinical Social Work Examiners....................................................................8 DE Reg. 218 (Prop.) 5300 Board of Massage and Bodywork..................................................................................8 DE Reg. 390 (Prop.) 8 DE Reg. 692 (Final) Gaming Control Board, Bingo, Charitable Gambling and Raffles.........................................8 DE Reg. 531 (Final) PUBLIC INTEGRITY COMMISSION Public Integrity Commission, Rules of...................................................................................8 DE Reg. 710 (Final) PUBLIC SERVICE COMMISSION Reg. Docket No. 54, Concerning the Jurisdiction of the Public Service Commission to Grant and Revoke Certificates of Public Convenience and Necessity to Provide Wastewater Services........................................................................................................8 DE Reg. 646 (Prop.) DEPARTMENT OF AGRICULTURE HARNESS RACING COMMISSION Rule 8.3.3.5, Erythropietin......................................................................................................8 DE Reg. 329 (Final) Rule 8.8 Prohibited Substances Protests; Testing...................................................................8 DE Reg. 698 (Final) Standardbred Breeder’s Fund Regulations.............................................................................8 DE Reg. 336 (Final) THOROUGHBRED RACING COMMISSION Rule 11.14.6 Scratches....................................................................................................8 DE Reg. 652 (Prop.) Rule 19.3.2, Application for Review..............................................................................8 DE Reg. 652 (Prop.) DEPARTMENT OF EDUCATION (TITLE 14 DELAWARE ADMINISTRATIVE CODE) 101 Delaware Student Testing Program.................................................................................8 DE Reg. 17 (Prop.) 8 DE Reg. 425 (Final) 106 Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II)..........8 DE Reg. 23 (Prop.) 8 DE Reg. 431 (Final) 107 Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II)......8 DE Reg. 23 (Prop.) 8 DE Reg. 431 (Final) 108 Administrator Appraisal Process Delaware Performance Appraisal System (DPAS II)........8 DE Reg. 23 (Prop.) 8 DE Reg. 431 (Final) 260 General Appeal Procedure for the Child and Adult Care Food Program of the United States Department of Agriculture CACFP/USDA ....................................................8 DE Reg. 221 (Prop.) 8 DE Reg. 537 (Final) 501 State Content Standards..........................................................................................................8 DE Reg. 36 (Prop.) 8 DE Reg. 445 (Final) 610 Treatment of Severe Discipline Problems Component (14 Del.C. §1604 of Chapter 16, Comprehensive School Discipline Improvement Program August 1998...............................8 DE Reg. 657 (Prop.) 618 (Formerly Reg. 879) School Safety Audit..............................................................................8 DE Reg. 344 (Final) 620 (Formerly Reg. 880) School Crisis Response Plans...............................................................8 DE Reg. 344 (Final) 705 Training Camp and Special Duty in the National Guard and/or Reserves.............................................................................................8 DE Reg. 396 (Prop.) 8 DE Reg. 700 (Final) 706 Credit for Experience for Full Time Service in the Armed Forces................................................................................................................8 DE Reg. 397 (Prop.) 8 DE Reg. 701 (Final) 718 Health Examinations for School District Employees.....................................................8 DE Reg. 37 (Prop.) 8 DE Reg. 399 (Prop.) 8 DE Reg. 702 (Final) 742 Compensation of District Personnel Under Specific Project Proposals............................... 8 DE Reg. 520 (Prop.) 805 The School Health Tuberculosis (TB) Control Program................................................8 DE Reg. 38 (Prop.) 8 DE Reg. 400 (Prop.) 851 K-12 Compreshensive Health Education Program.................................................................8 DE Reg. 661 (Prop.) 852 Child Nutrition.......................................................................................................................8 DE Reg. 224 (Prop.) 8 DE Reg. 540 (Final) 885 Safe Management and Disposal of Surplus Chemicals in the Delaware Public School System................................................................................................................................8 DE Reg. 345 (Final) 925 Children with Disabilities.......................................................................................................8 DE Reg. 225 (Prop.) 8 DE Reg. 402 (Prop.) 1105 School Transportation...................................................................................................8 DE Reg. 237 (Final) 8 DE Reg. 541 (Final) PROFESSIONAL STANDARDS BOARD 323 Certification Computer Science Teacher................................................................................8 DE Reg. 247 (Prop.) 8 DE Reg. 552 (Final) 331 (Transferred to 1566) Certification Family and Consumer Sciences Teacher........................8 DE Reg. 248 (Prop.) 8 DE Reg. 553 (Final) 368 Certification School Psychologist...................................................................................8 DE Reg. 41 (Prop.) 1501 Knowledge, Skills And Responsibility Based Supplements For Educators.................8 DE Reg. 73 (Final) 1502 Educator Mentoring..............................................................................................................8 DE Reg. 347 (Final) 1505 Professional Growth Programs.....................................................................................8 DE Reg. 78 (Final) 1509 Meritorious New Teacher Candidate Designation...............................................................8 DE Reg. 446 (Final) 1528 Foreign Language Teacher Comprehensive..................................................................8 DE Reg. 80 (Final) 1529 Foreign Language Teacher Secondary..........................................................................8 DE Reg. 80 (Final) 1533 Foreign Language Teacher Elementary........................................................................8 DE Reg. 80 (Final) 1537 Bilingual Teacher (Spanish) Secondary........................................................................8 DE Reg. 80 (Final) 1554 Standard Certificate Reading Specialist................................................................................8 DE Reg. 405 (Prop.) 1558 Bilingual Teacher (Spanish) Primary Middle Level.....................................................8 DE Reg. 80 (Final) 1566 (Formerly Reg. 331) Standard Certificate Family & Consumer Sciences Teacher..............8 DE Reg. 553 (Final) 1577 (Formerly Reg. 368) Standard Certificate-School Psychologist .........................................8 DE Reg. 448 (Final) DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF LONG TERM CARE RESIDENTS PROTECTION Assisted Living Facilities, Regulations for.....................................................................8 DE Reg. 46 (Prop.) 8 DE Reg. 85 (Final) Training & Qualifications for Nursing Assistants & Certified Nursing Assistants........8 DE Reg. 662 (Prop.) DIVISION OF PUBLIC HEALTH Regulations Pertaining to the Testing of Newborn Infants for Metabolic, Hematologic and Endocrinologic Disorders.................................................................................8 DE Reg. 100 (Final) 203 Cancer Treatment Program......................................................................................8 DE Reg. 107 (Final) 8 DE Reg. 509 (Emer.) 463 Licensing and Registration of Operators of Public Water Supply Systems.............8 DE Reg. 47 (Prop.) 8 DE Reg. 453 (Final) DIVISION OF SOCIAL SERVICES Division of Social Services Manual (DSSM) Client Cost Sharing for Pharmaceutical Services............................................................8 DE Reg. 664 (Prop.) 3003 Non-Time Limited Program-Children’s Program...................................................8 DE Reg. 670 (Prop.) 3031 Work for your Welfare............................................................................................8 DE Reg. 670 (Prop.) 5311 Notification of Time and Place of Hearing.............................................................8 DE Reg. 351 (Final) 8 DE Reg. 376 (Errata) 9026.1, Food Stamp Program..........................................................................................8 DE Reg. 521 (Prop.) 9068.1 Certification Period Length.........................................................................8 DE Reg. 113 (Final) 20700.5-20700.5.8, Acquired Brain Injury Waiver Program..........................................8 DE Reg. 250 (Prop.) 8 DE Reg. 555 (Final) 8 DE Reg. 616 (Errata) Child Care Subsidy Program: 11002.9 Definitions and Explanation Of Terms; 11004.4.1 Explanation of Certificates; 11006.4.2 Fee Paying Clients....................8 DE Reg. 407 (Prop.) DEPARTMENT OF INSURANCE 301 Audited Financial Reports......................................................................................................8 DE Reg. 252 (Prop.) 8 DE Reg. 557 (Final) 504 (Formerly Reg. No. 47) Education for Insurance Agents, Brokers, Surplus Lines Brokers and Consultants.........................................................................................................8 DE Reg. 409 (Prop.) 8 DE Reg. 703 (Final) 606, (Formerly Reg. No. 31) Proof of Automobile Insurance...............................................8 DE Reg. 55 (Prop.) 607, (Formerly Reg. No. 37) Defensive Driving Course Discount Automobiles and Motorcycles.....................................................................................................................8 DE Reg. 59 (Prop.) 8 DE Reg. 460 (Final) 1404 Long-Term Care Insurance...................................................................................................8 DE Reg. 257 (Prop.) 8 DE Reg. 562 (Final) 1501 Medicare Supplement Insurance Minimum Standards.................................................8 DE Reg. 62 (Prop.) 8 DE Reg. 465 (Final) 8 DE Reg. 672 (Prop.) DEPARTMENT OF LABOR COUNCIL ON APPRENTICESHIP & TRAINING Section 106.5, Standards of Apprenticeship...................................................................8 DE Reg. 65 (Prop.) 8 DE Reg. 468 (Final) DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL OFFICE OF THE SECRETARY Green Energy Fund Program Regulation...............................................................................8 DE Reg. 114 (Final) DIVISION OF AIR AND WASTE MANAGEMENT-AIR QUALITY MANAGEMENT SECTION 1352 Above Ground Storage Tank Regulations.....................................................................8 DE Reg. 677 (Prop.) Hazardous Waste, Regulations Governing.............................................................................8 DE Reg. 352 (Final) Reporting of a Discharge of a Pollutant or Air Contaminant.........................................8 DE Reg. 126 (Final) Solid Waste, Regulations Governing......................................................................................8 DE Reg. 354 (Final) Reg. 43, Not to Exceed Heavy duty California Engine Standards.........................................8 DE Reg. 672 (Prop.) DIVISION OF FISH & WILDLIFE 4.0 Seasons & 7.0 Deer...........................................................................................................8 DE Reg. 355 (Final) 3308 (Formerly NT-7) Fish Stocking Practices......................................................................8 DE Reg. 374 (Emer.) DIVISION OF WATER RESOURCES Design, Installation and Operation of On-Site Wastewater Treatment and Disposal Systems, Regulations Governing............................................................................................8 DE Reg. 283 (Prop.) Surface Water Quality Standards....................................................................................8 DE Reg. 154 (Final) TMDL’s for Little Assowoman Bay Watershed......................................................................8 DE Reg. 688 (Prop.) Water Pollution, Regulations Governing................................................................................8 DE Reg. 679 (Prop.) DEPARTMENT OF SAFETY AND HOMELAND SECURITY Board of Examiners of Private Investigators and Private Security Agencies................................8 DE Reg. 325 (Final) Bounty Hunter/Bail Enforcement Agents......................................................................................8 DE Reg. 689 (Prop.) Division of Highway Safety Electronic Red Light Safety Program.................................................................................... 8 DE Reg. 524 (Prop.) DIVISION OF HISTORICAL AND CULTURAL AFFAIRS Historic Preservation Tax Credit, Regulations Governing ............................................8 DE Reg. 194 (Final) uman Relations Commission 1502 Fair Housing Regulation................................................................................................8 DE Reg. 591 (Final) OFFICE OF THE STATE BANKING COMMISSIONER 708 (Formerly Reg. No. 5.770.0009) Establishment of a Branch Office by a Bank or Trust Company........................................................................................................8 DE Reg. 68 (Prop.) 8 DE Reg. 472 (Final) 714 Establishment of a Mobile Branch Office by a Bank or Trust Company................8 DE Reg. 68 (Prop.) 8 DE Reg. 473 (Final) 1113 Election by a Subsidiary Corporation of a Banking Organization of Trust Company to be Taxed in Accordance with Chapter 19 of Title 30..........................................8 DE Reg. 68 (Prop.) 8 DE Reg. 474 (Final) Division of Historical & Cultural Affairs Historic Preservation Tax Credit.............................................................................................8 DE Reg. 526 (Prop.) Appointments...............................................................................................................................8 DE Reg. 361 8 DE Reg. 479 8 DE Reg. 602 8 DE Reg. 715 Executive Order No. 56, Establishing The Infant Mortality Task Force.......................................8 DE Reg. 199 Executive Order No .57, Declaring Friday, June 11, 2004 A Legal Holiday In Remembrance Of Former President Reagan..........................................................................8 DE Reg. 360 Executive Order No. 58, Relating to the Reestablishment of the Juvenile Justice Advisory Group......................................................................................................................8 DE Reg. 477 Executive Order No. 59, Implementing the Strategies for State Policies & Spending ...............8 DE Reg. 714 MERIT EMPLOYEES RELATIONS BOARD Classification Maintenance Review Appeal Procedures...............................................................8 DE Reg. 599 (Final) DEPARTMENT OF ADMINISTRATIVE SERVIVCES DIVISION OF PROFESSIONAL REGULATION BOARD OF MEDICAL PRACTICE Statutory Authority: 24 Delaware Code, Section 1730(a)(12) (24 Del.C. §1730(a)(12)) 24 DE Admin. Code 1700 * PLEASE NOTE: THIS NOTICE OF PROPOSED REGULATORY ACTION WAS ORIGINALLY PUBLISHED IN THE NOVEMBER 2004 ISSUE OF THE REGISTER. HOWEVER, THE DATE, PLACE AND TIME OF THE PUBLIC HEARING WAS INADVERTENTLY LEFT OUT. IT IS BEING REPUBLISHED HERE WITH THE REQUIRED INFORMATION. PUBLIC NOTICE PLEASE TAKE NOTICE, pursuant to 29 Del.C. Chapter 101 and 24 Del.C. 1730(a)(12), the Delaware Board of Medical Practice proposes to revise its Rules and Regulations as mandated by Senate Bill 229. The proposed revision will add a new section that specifically identifies those crimes which are substantially related to the practice of medicine and the practice of licensed respiratory care and practice as a licensed physician's assistant. A public hearing will be held on the proposed Rule and Regulation on January 4, 2005 at 2:30 p.m. in the Second Floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 19904. The Board will receive and consider input in writing from any person concerning the proposed Rule and Regulation. Any written comments should be submitted to the Board in care of Gayle Franzolino at the above address. The final date to submit written comments shall be at the above scheduled public hearing. Anyone wishing to obtain a copy of the proposed Rule and Regulation or to make comments at the public hearing should notify Gayle Franzolino at the above address or by calling her at (302) 744-4520. AUTHORITY Pursuant to 74 Del. Laws c. 262, (Senate Bill No. 229 of the 142 General Assembly, 2004, as amended), the Board was directed to promulgate regulations specifically identifying those crimes which are substantially related to the practice of medicine and the practice of licensed respiratory care and practice as a licensed physician’s assistant. PURPOSE The Board of Medical Practice believes that the State of Delaware has a compelling public policy interest in ensuring that its licensed professionals not only have specified levels of educational and professional competence but also possess sufficient character and judgment necessary to practice safely in their chosen fields and to do so in a manner which will not undermine the community’s confidence in the expertise and professionalism of the members of the profession. Licensed professionals, particularly those in health care related fields, often come into contact with clients and patients and other members of the public at times when they may be sick, infirmed or otherwise extremely vulnerable to undue influence or other forms of misuse, fraud and abuse. It is therefore critical that all reasonable steps are taken to determine, to the extent possible, that the regulation of such professionals takes into consideration not only the individual’s technical competence but his or her demonstrated propensity to behave in a way that does not expose the client population to risk or diminish legitimate expectations of honest and honorable behavior by such licensed health care professionals. 1700 Board of Medical Practice 29.0Crimes Substantially Related to the Practice of Medicine and the Practice of Licensed Respiratory Care and Practice as a Licensed Physician’s Assistant The Board finds that for purposes of licensing, renewal, reinstatement and discipline, the conviction of any of the following crimes, or of the attempt to commit or a conspiracy to commit or conceal the following crimes or substantially similar crimes in another state or jurisdiction, is deemed to be substantially related to the practice of Medicine, Respiratory Care and Physician’s Assistants in the State of Delaware without regard to the place of conviction: 29.1For the purposes of this section the following definitions shall apply: “Conviction” means a verdict of guilty by whether entered by a judge or jury, or a plea of guilty or a plea of nolo contendere or other similar plea such as a “Robinson” or “Alford” plea unless the individual has been discharged under §4218 of Title 11 of the Delaware Code (probation before judgment) or under §1024 of Title 10 (domestic violence diversion program) or by §4764 of Title 16 (first offenders controlled substances diversion program). “Jurisdiction” Including all crimes prohibited by or punishable under Title 18 of the United Stated Code Annotated (U.S.C.A.) such as, but not limited to, Federal Health Care offenses. 29.2Any crime which involves the use of physical force or violence toward or upon the person of another and shall include by way of example and not of limitation the following crimes set forth in Title 11 of the Delaware Code Annotated: Assaults and Related Offenses 29.2.1§601. Offensive touching; 29.2.2§602. Menacing; 29.2.3§603. Reckless endangering in the second degree; 29.2.4§604. Reckless endangering in the first degree; 29.2.5§605. Abuse of a pregnant female in the second degree; 29.2.6§606. Abuse of a pregnant female in the first degree; 29.2.7§611. Assault in the third degree; 29.2.8§612. Assault in the second degree; 29.2.9§613. Assault in the first degree; 29.2.10§614. Assault on a sports official. 29.2.11§615. Assault by abuse or neglect; 29.2.12§621. Terroristic threatening; 29.2.13§625. Unlawfully administering drugs; 29.2.14§626. Unlawfully administering controlled substance or counterfeit substance or narcotic drugs; 29.2.15§627. Prohibited acts as to substances releasing vapors or fumes; 29.2.16§628. Vehicular assault in the second degree; 29.2.17§629. Vehicular assault in the first degree; 29.2.18§630. Vehicular homicide in the second degree; 29.2.19§630A. Vehicular homicide in the first degree; 29.2.20§631. Criminally negligent homicide; 29.2.21§632. Manslaughter; 29.2.22§633. Murder by abuse or neglect in the second degree; 29.2.23§634. Murder by abuse or neglect in the first degree; 29.2.24§635. Murder in the second degree; 29.2.25§636. Murder in the first degree; 29.2.26§645. Promoting suicide. Abortion and Related Offenses 29.2.27§651. Abortion; 29.2.28§653. Issuing abortional articles. Sexual Offenses 29.2.29§763. Sexual harassment; 29.2.30§764. Indecent exposure in the second degree; 29.2.31§765. Indecent exposure in the first degree; 29.2.32§766. Incest; 29.2.33§767. Unlawful sexual contact in the third degree; 29.2.34§768. Unlawful sexual contact in the second degree; 29.2.35§769. Unlawful sexual contact in the first degree; 29.2.36§770. Rape in the fourth degree; 29.2.37§771. Rape in the third degree; 29.2.38§772. Rape in the second degree; 29.2.39§773. Rape in the first degree; 29.2.40§776. Sexual extortion; 29.2.41§777. Bestiality; 29.2.42§778. Continuous sexual abuse of a child; 29.2.43§780. Female genital mutilation. Kidnapping and Related Offenses 29.2.44§781. Unlawful imprisonment in the second degree; 29.2.45§782. Unlawful imprisonment in the first degree; 29.2.46§783. Kidnapping in the second degree; 29.2.47§783A. Kidnapping in the first degree; 29.2.48§785. Interference with custody; Coercion 29.2.49§791. Acts constituting coercion; 29.3Any crime which involves dishonesty or false, fraudulent or aberrant behavior and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated: Arson and Related Offenses 29.3.1§801. Arson in the third degree; 29.3.2§802. Arson in the second degree; 29.3.3§803. Arson in the first degree; 29.3.4§804. Reckless burning or exploding; 29.3.5§805. Cross or religious symbol burning; Criminal Trespass and Burglary 29.3.6§820. Trespassing with intent to peer or peep into a window or door of another; 29.3.7§821. Criminal trespass in the third degree; 29.3.8§822. Criminal trespass in the second degree; 29.3.9§823. Criminal trespass in the first degree; 29.3.10§824. Burglary in the third degree; 29.3.11§825. Burglary in the second degree; 29.3.12§826. Burglary in the first degree; 29.3.13§828. Possession of burglar’s tools or instruments facilitating theft; Robbery 29.3.14§831. Robbery in the second degree; 29.3.15§832. Robbery in the first degree. 29.3.16§835. Carjacking in the second degree; 29.3.17§836. Carjacking in the first degree; Theft and Related Offenses 29.3.18§840. Shoplifting; class G felony; 29.3.19§840A. Use of illegitimate retail sales receipt or Universal Product Code Label. 29.3.20§841. Theft; 29.3.21§842. Theft; lost or mislaid property; mistaken delivery. 29.3.22§843. Theft; false pretense. 29.3.23§844. Theft; false promise. 29.3.24§845. Theft of services. 29.3.25§846. Extortion; 29.3.26§848. Misapplication of property; 29.3.27§849. Theft of rented property; 29.3.28§850. Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices. 29.3.29§851. Receiving stolen property; 29.3.30§853. Unauthorized use of a vehicle; 29.3.31§854. Identity theft; 29.3.32§859. Larceny of livestock; 29.3.33§860. Possession of shoplifter’s tools or instruments facilitating theft; Forgery and Related Offenses 29.3.34§861. Forgery; class F felony; 29.3.35§862. Possession of forgery devices; Offenses Involving Falsification of Records 29.3.36§871. Falsifying business records; 29.3.37§872. Falsifying business records; 29.3.38§873. Tampering with public records in the second degree; 29.3.39§876. Tampering with public records in the first degree; 29.3.40§877. Offering a false instrument for filing; 29.3.41§878. Issuing a false certificate; Bribery Not Involving Public Servants 29.3.42§881. Bribery; 29.3.43§882. Bribe receiving; Frauds on Creditors 29.3.44§891. Defrauding secured creditors; 29.3.45§892. Fraud in insolvency; 29.3.46§893. Interference with levied-upon property; Other Frauds and Cheats 29.3.47§900. Issuing a bad check; 29.3.48§903. Unlawful use of credit card; 29.3.49§903A. Reencoder and scanning devices; 29.3.50§906. Deceptive business practices; 29.3.51§907. Criminal impersonation; 29.3.52§907A. Criminal impersonation, accident related; 29.3.53§907B. Criminal impersonation of a police officer; 29.3.54§908. Unlawfully concealing a will; 29.3.55§909. Securing execution of documents by deception; 29.3.56§910. Debt adjusting; 29.3.57§911. Fraudulent conveyance of public lands; 29.3.58§912. Fraudulent receipt of public lands;. 29.3.59§913. Insurance fraud; 29.3.60§913A. Health care fraud; 29.3.61§914. Use of consumer identification information; 29.3.62§915. Use of credit card information; 29.3.63§915A. Credit and debit card transaction receipts; 29.3.64§916. Home improvement fraud; 29.3.65§917. New home construction fraud; Offenses Relating to Recorded Devices 29.3.66§920. Transfer of recorded sounds; 29.3.67§921. Sale of transferred recorded sounds; 29.3.68§922. Improper labeling; Computer Related Offenses 29.3.69§932. Unauthorized access. 29.3.70§933. Theft of computer services. 29.3.71§934. Interruption of computer services. 29.3.72§935. Misuse of computer system information. 29.3.73§936. Destruction of computer equipment. 29.3.74§937. Unrequested or unauthorized electronic mail or use of network or software to cause same. 29.3.75§938. Failure to promptly cease electronic communication upon request. Offenses Relating to Marriage 29.3.76§1001. Bigamy; 29.3.77§1003. Bigamous marriage contracted outside the State. 29.4Any crime which involves misuse or abuse of children or animals and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated: Child Welfare; Sexual Offenses, Animal Offenses 29.4.1§1100. Dealing in children; 29.4.2§1101. Abandonment of child; 29.4.3§1102. Endangering the welfare of a child; 29.4.4§1105. Endangering the welfare of an incompetent person; 29.4.5§1106. Unlawfully dealing with a child; 29.4.6§1107. Endangering children; 29.4.7§1108. Sexual exploitation of a child; 29.4.8§1109. Unlawfully dealing in child pornography; 29.4.9§1111. Possession of child pornography; 29.4.10§1112. Sexual offenders; prohibitions from school zones. 29.4.11§1112A .Sexual solicitation of a child; 29.4.12§1113. Criminal non-support and aggravated criminal non-support. 29.4.13§1114. Body-piercing; tattooing or branding; 29.4.14§1114A. Tongue-splitting; 29.4.15§1116. Sale or distribution of tobacco products to minors; 29.4.16§1117. Notice; 29.4.17§1119. Distribution of cigarettes through vending machines; 29.4.18§1120. Distribution of tobacco products; 29.4.19§1124. Purchase or receipt of tobacco products by minor; 29.4.20§1325. Cruelty to animals; 29.4.21§1325A. The unlawful trade in dog or cat by-products; 29.4.22§1326. Animals; fighting and baiting prohibited; 29.4.23§1327. Maintaining a dangerous animal; 29.5Any crime which involves offenses against the public order the commission of which may tend to bring discredit upon the profession and which are thus substantially related to one’s fitness to practice such profession and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated: Bribery and Improper Influence 29.5.1§1201. Bribery; 29.5.2§1203. Receiving a bribe; 29.5.3§1205. Giving unlawful gratuities; 29.5.4§1206. Receiving unlawful gratuities; 29.5.5§1207. Improper influence; 29.5.6§1211. Official misconduct; 29.5.7§1212. Profiteering. Perjury and related offenses 29.5.8§1221. Perjury in the third degree; 29.5.9§1222. Perjury in the second degree; 29.5.10§1223. Perjury in the first degree; 29.5.11§1233. Making a false written statement; 29.5.12§1239. Wearing a disguise during the commission of a felony; 29.5.13§1240. Terroristic threatening of public officials or public servants; 29.5.14§1241. Refusing to aid a police officer; 29.5.15§1243. Obstructing fire-fighting operations; 29.5.16§1244. Hindering prosecution; 29.5.17§1245. Falsely reporting an incident; 29.5.18§1246. Compounding a crime; 29.5.19§1248. Obstructing the control and suppression of rabies; 29.5.20§1249. Abetting the violation of driver’s license restrictions; 29.5.21§1250. Offenses against law-enforcement animals; 29.5.22§1251. Escape in the third degree; 29.5.23§1252. Escape in the second degree; 29.5.24§1253. Escape after conviction; 29.5.25§1254. Assault in a detention facility; 29.5.26§1257A. Use of an animal to avoid capture; 29.5.27§1259. Sexual relations in detention facility; 29.5.28§1260. Misuse of prisoner mail. Offenses Relating to Judicial and Similar Proceedings 29.5.29§1261. Bribing a witness; 29.5.30§1262. Bribe receiving by a witness; 29.5.31§1263. Tampering with a witness; 29.5.32§1263A.Interfering with child witness. 29.5.33§1264. Bribing a juror; 29.5.34§1265. Bribe receiving by a juror; 29.5.35§1266. Tampering with a juror; 29.5.36§1267. Misconduct by a juror; 29.5.37§1269. Tampering with physical evidence; 29.5.38§1271. Criminal contempt; 29.5.39§1271A.Criminal contempt of a domestic violence protective order; 29.5.40§1273. Unlawful grand jury disclosure. 29.6Any crime which involves offenses against a public health order and decency which may tend to bring discredit upon the profession, specifically including the below listed crimes from Title 11 of the Delaware Code Annotated which evidence a lack of appropriate concern for the safety and well being of another person or persons in general or sufficiently flawed judgment to call into question the individuals ability to make health care decisions or advise upon health care related matters for other individuals. Disorderly Conduct and Related Offenses 29.6.1§1301. Disorderly conduct; 29.6.2§1302. Riot; 29.6.3§1304. Hate crimes; 29.6.4§1311. Harassment; 29.6.5§1312. Aggravated harassment; 29.6.6§1312A.Stalking; 29.6.7§1313. Malicious interference with emergency communications; 29.6.8§1315. Public intoxication; 29.6.9§1316. Registration of out-of-state liquor agents; 29.6.10§1320. Loitering on property of a state- supported school, college or university; 29.6.11§1321. Loitering 29.6.12§1322. Criminal nuisance; 29.6.13§1323. Obstructing public passages; 29.6.14§1324. Obstructing ingress to or egress from public buildings; 29.6.15§1331. Desecration; 29.6.16§1332. Abusing a corpse; 29.6.17§1333. Trading in human remains and associated funerary objects. 29.6.18§1335. Violation of privacy; 29.6.19§1338. Bombs, incendiary devices, Molotov cocktails and explosive devices; 29.6.20§1339. Adulteration; 29.6.21§1340. Desecration of burial place. Offenses Involving Public Indecency 29.6.22§1341. Lewdness; 29.6.23§1342. Prostitution; 29.6.24§1343. Patronizing a prostitute prohibited. 29.6.25§1351. Promoting prostitution in the third degree; 29.6.26§1352. Promoting prostitution in the second degree; 29.6.27§1353. Promoting prostitution in the first degree; 29.6.28§1355. Permitting prostitution; Obscenity 29.6.29§1361. Obscenity; acts constituting; 29.6.30§1365. Obscene literature harmful to minors; 29.6.31§1366. Outdoor motion picture theatres; Offenses Involving Gambling 29.6.32§1403. Advancing gambling in the first degree; 29.6.33§1404. Providing premises for gambling; 29.65.34§1405. Possessing a gambling device; class A misdemeanor. 29.6.35§1406. Being concerned in interest in keeping any gambling device; 29.6.36§1407. Engaging in a crap game; 29.6.37§1411. Unlawfully disseminating gambling information. 29.7Any crime which involves the illegal possession or the misuse or abuse of narcotics, or other addictive substances and those non-addictive substances with a substantial capacity to impair reason or judgment and shall include by way of example and not of limitation the following crimes listed in Chapter 47 of Title 16 of the Delaware Code Annotated: 29.7.1§4751. Prohibited acts A; 29.7.2§4752. Prohibited acts B; 29.7.3§4752A.Unlawful delivery of noncontrolled substance. 29.7.4§4753. Prohibited acts C. 29.7.5§4753A.Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, L.S.D., or designer drugs. 29.7.6§4754. Prohibited acts D; 29.6.7§4754A.Possession and delivery of noncontrolled prescription drug. 29.7.8§4755. Prohibited acts E; 29.7.9§4756. Prohibited acts; 29.7.10§4757. Hypodermic syringe or needle; delivering or possessing; disposal; exceptions; 29.7.11§4758. Keeping drugs in original containers. 29.7.12§4761. Distribution to persons under 21 years of age; 29.7.13§4761A.Purchase of drugs from minors; 29.7.14§4767. Distribution, delivery, or possession of controlled substance within 1,000 feet of school property; 29.7.15§4768. Distribution, delivery or possession of controlled substance in or within 300 feet of park, recreation area, church, synagogue or other place of worship. 29.8Any crime which involves the misuse or illegal possession or sale of a deadly weapon or dangerous instrument and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated: Offenses Involving Deadly Weapons and Dangerous Instruments 29.8.1§1442. Carrying a concealed deadly weapon; 29.8.2§1443. Carrying a concealed dangerous instrument; 29.7.3§1444. Possessing a destructive weapon; 29.8.4§1445. Unlawfully dealing with a dangerous weapon; 29.8.5§1446. Unlawfully dealing with a switchblade knife; 29.8.6§1447. Possession of a deadly weapon during commission of a felony; 29.8.7§1447A.Possession of a firearm during commission of a felony; 29.8.8§1448. Possession and purchase of deadly weapons by persons prohibited; 29.8.9§1448A.Criminal history record checks for sales or firearms; 29.8.10§1449. Wearing body armor during commission of felony; 29.8.11§1450. Receiving a stolen firearm; 29.8.12§1451. Theft of a firearm; 29.8.13§1452. Unlawfully dealing with knuckles- combination knife; 29.8.14§1453. Unlawfully dealing with martial arts throwing star; 29.8.15§1454. Giving a firearm to person prohibited; 29.8.16§1455. Engaging in a firearms transaction on behalf of another; 29.8.17§1456. Unlawfully permitting a minor access to a firearm; 29.8.18§1457. Possession of a weapon in a Safe School and Recreation Zone; 29.8.19§1458. Removing a firearm from the possession of a law enforcement officer; 29.8.20§1459. Possession of a weapon with a removed, obliterated or altered serial number; 29.8.21§1471. Prohibited acts. Offenses Involving Drug Paraphernalia 29.8.22§4774. Penalties. Offenses Involving Organized Crime and Racketeering 29.8.23§1504. Criminal Penalties for Organized Crime & Racketeering Offenses Involving Intimidation of Victims or Witnesses 29.8.24§3532. Acts of Intimidation: Class E felony 29.8.25§3533. Aggravated act of intimidation, Class D felony Other Crimes 29.8.26Title 3 §1041. Willfully or maliciously starting fires; Carelessly Starting Fires; 29.8.27§1043. Setting fire to woodland; Unseasonable Marsh Burning. 29.8.28Title 4 §901. Offenses carrying penalty of imprisonment for 3 to 6 months; 29.8.29§902. Offenses carrying penalty of fine of $500 to $1,000 or imprisonment of 3 to 6 months on failure to pay fine; 29.8.30§903. Offenses carrying penalty of fine of not more than $100 imprisonment for 1 month on failure to pay fine; 29.8.31§904. Offenses concerning certain persons; 29.8.32§905. Unlicensed manufacture of alcoholic liquor; Possession of still, apparatus, mash, etc., by unlicensed person; 29.8.33 §906. Transportation or shipment; 29.8.34 §907. Interference with officer or inspector; 29.8.35§908. Failure of licensee to file report; 29.8.36§909. Violation of rules respecting liquor taxes. 29.8.37Title 7 §1717. Unauthorized acts against a service guide or seeing eye dog. 29.8.38Title 11 §2403. Manufacture, possession or sale of intercepting device; 29.8.39§2410. Breaking and entering, etc. to place or remove equipment; 29.8.40§2412. Obstruction, impediment or prevention of interception; 29.8.41§2422. Divulging contents of communications; 29.8.42§3532. Act of intimidation; 29.8.43§3533. Aggravated act of intimidation; 29.8.44§3534. Attempt to intimidate; 29.8.45§8523. Penalties [for violation of reporting provision re: SBI]; 29.8.46§8562. Penalties [for failure of child-care provider to obtain information required under §8561 or for those providing false information] 29.8.47§8572. Penalties [for providing false information when seeking employment in a public school] 29.8.48 §9016. Filing false claim [under Victims’ Compensation Fund]. 29.8.49Title 12 §210. Alteration, theft or destruction of Will. 29.8.50Title 16 §1136.Abuse or neglect of a patient or resident of a nursing facility. 29.8.51Title 21 §2118A.Unlawful possession or manufacture of proof of insurance; 29.8.52§2133. Penalties; jurisdiction of justices of the peace. 29.8.53§2315. False statements; 29.8.54§2316. Altering or forging certificate of title, manufacturer’s certificate of origin, registration sticker or vehicle I identification plate; 29.8.55§2620. False statements; incorrect or incomplete information; 29.8.56§2703. License to operate a motorcycle, motorbike, etc.; 29.8.57§2710. Issuance of a Level 1 Learner’s Permit and Class D operator’s license to persons under 18 years of age; 29.8.58§2722. Restricted licenses based on driver’s physical limitations; 29.8.59§2751. Unlawful application for or use of license or identification card; 29.8.60§2752. False statements; 29.8.61§2756. Driving vehicle while license is suspended or revoked; penalty; 29.8.62§2760. Duplication, reproduction, altering, or counterfeiting of driver’s licenses or identification cards. 29.8.63Title 23 §2302. Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs; 29.8.64§2305. Penalties; jurisdiction. 29.8.65Title 24 §903. Sale to persons under 21 or intoxicated persons. 29.8.66Title 29 §3107. Motor vehicle safety- responsibility; False statements; 29.8.67§4175A.Reckless driving; 29.8.68§4177. Driving a vehicle while under the influence or with a prohibited alcohol content; evidence; arrests; and penalties. 29.8.69§4177M.Operating a commercial motor vehicle with a prohibited blood alcohol concentration or while impaired by drugs; 29.8.70§4183 Parking areas for vehicles being used by persons with disabilities; 29.8.71§4198J. Bicycling on highways under influence of drugs or alcohol; 29.8.72§4198O. Operation of electric personal assistive mobility devices (EPAMD); 29.8.73§4201. Duty of driver involved in accident resulting in property damage or injury; 29.8.74§4202. Duty of driver involved in accident resulting in injury or death to any person; 29.8.75§4203. Duty to report accidents; evidence; 29.8.76§4204. Report of damaged vehicles; cars involved in fatal accidents; 29.8.77§4604. Possession of motor vehicle master keys, manipulative keys, key-cutting devices, lock picks or lock picking devices and hot wires; 29.8.78§6420. Odometers penalties; 29.8.79§6702. Driving vehicle without consent of owner; 29.8.80§6704. Receiving or transferring stolen vehicle; 29.8.81§6705. Removed, falsified or unauthorized identification number on vehicle, bicycle or engine; removed or affixed license/registration plate with intent to misrepresent identity; 29.8.82§6707. Penalty; 29.8.83§6709. Removal of warranty or certification stickers; vehicle identification plates; confidential vehicle identification numbers; 29.8.84§6710. Unlawful possession of assigned titles, assigned registration cards, vehicle identification plates and warranty stickers. 29.8.85Title 30 §571. Attempt to evade or defeat tax; 29.8.86§572. Failure to collect or pay over tax; 29.8.87§573. Failure to file return, supply information or pay tax; 29.8.88§574. Fraud and false statements; 29.8.89§576. Misdemeanors. 29.8.90Title 31 §1007. Fraudulent acts penalties; 29.8.91§3913. Welfare violations [knowing or reckless abuse of an infirm adult] 29.9Any crime which is a violation of Title 24, Chapter 17 (Delaware Medical Practices Act) as it may be amended from time to time or of any other statute which requires the reporting of a medical situation or condition to state, federal or local authorities or a crime which constitutes a violation of the Medical Practice Act of the state in which the conviction occurred or in which the physician is licensed. 29.10The Board reserves the jurisdiction and authority to modify this regulation as and if it becomes necessary to either add or delete crimes including such additions as may be required on an emergency basis under 29 Del.C. §10119 to address imminent peril to the public health, safety or welfare.   The Board also specifically reserves the jurisdiction to review any crime committed by an applicant for licensure as a physician and to determine whether to waive the disqualification under 24 Del.C. §1720(d). *Please Note: As the rest of the sections were not amended they are not being published. A complete set of the rules and regulations for the Board of Medical Practice is available at: http://www.state.de.us/research/ AdminCode/title24/1700 Board of Medical Practice.shtml DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PROFESSIONAL REGULATION BOARD OF NURSING 24 DE Admin. Code 1900 Statutory Authority: 24 Delaware Code, Section 1906(1) (24 Del.C. §1906(1)) ORDER Pursuant to due notice of the time and place of hearing published in the News Journal and in the Delaware State News and in compliance with the requirements of 29 Del.C. §10115, the Delaware Board of Nursing ("Board") under its authority to enact rules and regulations specified in 24 Del.C. §1906(1), conducted a public hearing concerning proposed modifications to the Rules and Regulations of the Board. The proposed modifications and additions were published in the Delaware Register of Regulations Volume 8, Issue 3, Wednesday, September 1, 2004 beginning at Page 377. Notice of the hearing was also published in two newspapers of general circulation and on page 499 of Volume 8, Issue 3 of the Delaware Register of Regulations(Hearing Exhibit No. 1). The public hearing was held on October 13, 2004 as scheduled in Conference Room A, Cannon Building, 861 Silver Lake Boulevard, Dover, Kent County, Delaware. A quorum of the Board was present for the hearing. Summary Of The Evidence Pursuant to 29 Del.C. §10118, the following is a summary of the evidence and information provided at the hearing. David Klopfenstein, CRNA, MSN, President, Delaware Association of Nurse Anesthetists presented oral and written comments (Hearing Exhibit No. 2) expressing the opposition of the Delaware Association of Nurse Anesthetists to the proposed Regulation provision which would provide that Advanced Practice Nurses (APN’s), properly trained, could insert and remove epidural catheters. Mr. Klopfenstein noted that objections were based upon a threat to patient safety and that the change did not address an access to care issue and did not advance the profession of nursing. Delphose E. Price, Jr., CRNA, MSN, stated to the Board that he was knowledgeable concerning the insertion and removal of epidural catheters and that there were patient safety issues with both the insertion and removal of such catheters and that only nurses who were Certified Registered Nurse Anesthetists were properly trained to insert and remove these catheters. Iva J. Boardman, R.N., M.S.N., Executive Director of the Board of Nursing, was sworn and testified concerning the development of the proposed modification to the Rules and Regulations of the Board. Ms. Boardman noted that the proposed Regulation began in 1989 as a Board position paper and had experienced seven revisions in the intervening years. In February of 2004 in reviewing the use of anesthetic agents by registered nurses prior to intravascular therapy, the Board, upon the advice of legal counsel determined to move the position paper statements into the form of Rules and Regulations of the Board. Written comments were received by the Board of Nursing. David Klopfenstein, CRNA, MSN, on behalf of the Delaware Association of Nurse Anesthetists wrote to express concern regarding the proposed change relating to the insertion and removal of epidural catheters by APN’s after special training. The letter noted, among other things, that there are already many health care providers in Delaware that are trained and permitted to insert epidurals and that adequate access was available through physicians and nurse anesthetists (Hearing Exhibit No. 2). Lenhart Fagraeus, MD, PH. D., provided written comments expressing concern with the same propose provision because of safety and education issues and noted that there are enough Anesthesia personnel in the State of Delaware to meet the needs for pain management. Dr. Fagraeus opined that CRNA’s should be the only nurses working with epidural catheters (Hearing Exhibit No. 3). Sandra P. Como-Fluehr, MSN, RN, APN, BC of the Pain Management Service, Alfred I. DuPont Hospital for Children also provided written comments. She noted that there are many states which allow removal of epidural catheters by properly trained registered nurses. Ms. Como- Fluehr also noted that the insertion of epidural catheters and their removal were separate issues. She supported their removal by trained APNs (Hearing Exhibit No. 4). Peter B. Panzer, MD, provided written comments proposing further modification to the Rules and Regulations of the Board of Nursing to provide that intradermal or topical anesthetics may be used by the RN or LPN in various situations or settings provided there is an authorized prescribers’ order. Dr. Panzer’s comments recognized that his proposal was not addressed by the section relating to intravascular therapy which was the subject of the present proceeding but sought to have the Board give consideration to his proposal as either a stand-alone section or as part of another section of the Nursing Regulations (Hearing Exhibit No. 5). Leslie Verucci, RN,MSN, CNS,APRN-BC, CNRP, Chair of the Advanced Practice Council of Delaware Nurses Association provided written comments observing that there are no nurse practitioners who have come forward with a request to insert epidural catheters. Ms. Verucci noted that her Association supported the use of CRNA’s to perform the task of inserting epidural catheters but believed that RN’s with specialized training may remove epidurals safely (Hearing Exhibit No. 6). Findings Of Fact And Conclusions The Board finds that the procedures required for the modification of Rules and Regulations have been accomplished as required and that the proposed change furthers the public purposes of the Board of Nursing. The only area where the proposed Rules and Regulations relating to the provision of intravascular therapy met with any controversy surrounded the proposed provisions relating to the insertion and removal of epidural catheters. The currently proposed provision 7.8.4.3.1.6 sets forth the existing practice in this state and provides that the Registered Nurse may not insert or remove epidural catheters. The Board finds that it is not appropriate at this time to change this limitation. The proposed section 8.7.16 proposed that it was to be considered to be within the scope of practice of APNs with specialized training to insert and remove epidural catheters. The Board finds that it is not appropriate at this time to adopt this provision because of the information provided by and on behalf of CRNAs raises questions which need to be addressed further concerning patient safety relating to the removal as well as the insertion of epidural catheters. The Board’s Regulations are now silent on who can insert and remove such catheters. CRNAs have historically been engaging in both the removal and insertion of epidural catheters and so the status quo relating to the insertion and removal of epidural catheters will be maintained by the Board’s determination to enact section 7.8.4.3.1.6 and to abstain from enacting section 8.7.16. The Nursing Practice Committee of the Board will review the question of authorization to insert and remove epidural catheters and will make a recommendation to the Board concerning these matters after further study. DECISION AND ORDER Based upon the findings and conclusions set forth above, the undersigned, constituting a quorum of the Delaware Board of Nursing, adopt the proposed modification to the Rules and Regulations published in the Register of Regulations in Volume 8, Issue 3, Wednesday, September 1, 2004, beginning at page 377 as a modification to the Rules and Regulations of the Board, effective December 13, 2004 with the exception of Proposed Section 8.7.16 regarding the insertion and removal of epidural catheters which is not adopted. (See Attached EXHIBIT A). The written comments of Dr. Peter B. Panzer (Hearing Exhibit No. 5) are referred to the Nursing Practice Committee for consideration and action as appropriate. The Rules and Regulation Committee of the Board of Nursing shall review the circumstances and situations surrounding the insertion and removal of epidural catheters and make recommendations to the Board as to appropriate additions to the Board’s Rules and Regulations concerning the insertion and removal of such catheters. SO ORDERED this 20th Day of October, 2004. BY ORDER OF THE BOARD OF NURSING 7.0Standards of Nursing Practice 7.1Authority “Standards of nursing practice” means those standards of practice adopted by the Board that interpret the legal definitions of nursing, as well as provide criteria against which violations of the law can be determined. Such standards of nursing practice shall not be used to directly or indirectly affect the employment practices and deployment of personnel by duly licensed or accredited hospitals and other duly licensed or accredited health care facilities and organizations. In addition, such standards shall not be assumed the only evidence in civil malpractice litigation, nor shall they be given a different weight than any other evidence. 7.2Purpose The purpose of standards is to establish minimal acceptable levels of safe practice for the Registered and Licensed Practical Nurse, and to serve as a guide for the Board to evaluate safe and effective nursing care. 7.3Standards of Practice for the Registered and Licensed Practical Nurse 7.3.1Standards related to the Registered Nurse. 7.3.1.1The Registered Nurse shall conduct and document nursing assessments of the health status of individuals and groups by: 7.3.1.1.1Collecting objective and subjective data from observations, examinations, interviews and written records in an accurate and timely manner. The data include but are not limited to: 7.3.1.1.1.1Biophysical and emotional status and observed changes; 7.3.1.1.1.2Growth and development; 7.3.1.1.1.3Ethno-cultural, spiritual, socio-economic and ecological background; 7.3.1.1.1.4Family health history; 7.3.1.1.1.5Information collected by other health team members; 7.3.1.1.1.6Ability to perform activities of daily living; 7.3.1.1.1.7Consideration of client’s health goals; 7.3.1.1.1.8Client knowledge and perception about health status and potential, or maintaining health status; 7.3.1.1.1.9Available and accessible human and material resources; 7.3.1.1.1.10Patterns of coping and interaction. 7.3.1.1.2Sorting, selecting, reporting, and recording the data. 7.3.1.1.3Analyzing data. 7.3.1.1.4Validating, refining and modifying the data by using available resources including interactions with the client, family, significant others, and health team members. 7.3.1.1.5Evaluating data. 7.3.1.2Registered Nurses shall establish and document nursing diagnoses that serve as the basis for the strategy of care. 7.3.1.3Registered Nurses shall develop strategies of care based on assessment and nursing diagnoses. This includes, but is not limited to: 7.3.1.3.1Prescribing nursing intervention(s) based on the nursing diagnosis. 7.3.1.3.2Initiating nursing interventions through 7.3.1.3.2.1Giving care. 7.3.1.3.2.2Assisting with care. 7.3.1.3.2.3Delegating care. 7.3.1.3.3Identifying to the identification of priorities in the strategies of care. 7.3.1.3.4Setting realistic and measurable goals for implementation. 7.3.1.3.5Identifying measures to maintain comfort, to support human functions and responses, to maintain an environment conducive to well being, and to provide health teaching and counseling. 7.3.1.3.6Supervising the caregiver to whom care is delegated. 7.3.1.4Registered Nurses shall participate in the implementation of the strategy of care by: 7.3.1.4.1Providing care for clients whose conditions are stabilized or predictable. 7.3.1.4.2Providing care for clients whose conditions are critical and/or fluctuating, under the direction and supervision of a recognized authority. 7.3.1.4.3Providing an environment conducive to safety and health. 7.3.1.4.4Documenting nursing interventions and client outcomes. 7.3.1.4.5Communicating nursing interventions and client outcomes to health team members. 7.3.1.5Registered Nurses shall evaluate outcomes, which shall include the client, family, significant others and health team members. 7.3.1.5.1Evaluation data shall be appropriately documented; and 7.3.1.5.1.1Be communicated to the client, family, significant others and appropriate members of the health care team; and 7.3.1.5.1.2Used as a basis for modifying outcomes by reassessing client health status, modifying nursing diagnoses, revising strategies of care or prescribing changes in nursing interventions. 7.4Standards of Practice for the Licensed Practical Nurse 7.4.1Standards related to the Licensed Practical Nurse’s contributions to the nursing process. 7.4.1.1The Licensed Practical Nurse shall contribute to and document nursing assessments of the health status of individuals and groups by: 7.4.1.1.1Sorting, selecting, reporting, and recording the data. 7.4.1.1.2Collecting objective and subjective data from observations, examinations, interview and written records in an accurate and timely manner. The data include but are not limited to: 7.4.1.1.2.1Biophysical and emotional status and observed changes; 7.4.1.1.2.2Growth and development; 7.4.1.1.2.3Ethno-cultural, spiritual, socio-economic, and ecological background; 7.4.1.1.2.4Family health history; 7.4.1.1.2.5Information collected by other health team members; 7.4.1.1.2.6Ability to perform activities of daily living; 7.4.1.1.2.7Consideration of client’s health goals; 7.4.1.2Licensed Practical Nurses shall participate in establishing and documenting nursing diagnoses that serve as the basis for the strategy of care. 7.4.1.3Licensed Practical Nurses shall participate in developing strategies of care based on assessment and nursing diagnoses. 7.4.1.3.1Contributing to setting realistic and measurable goals for implementation. 7.4.1.3.2Participating in identifying measures to maintain comfort, to support human functions and responses to maintain an environment conducive to well-being, and to provide health teaching and counseling. 7.4.1.3.3Contributing to setting client priorities. 7.4.1.4Licensed Practical Nurses shall participate in the implementation of the strategy of care by: 7.4.1.4.1Providing care for clients whose conditions are stabilized or predictable. 7.4.1.4.2Providing care for clients whose conditions are critical and/or fluctuating, under the directions and supervision of a recognized licensed authority. 7.4.1.4.3Providing an environment conducive to safety and health. 7.4.1.4.4Documenting nursing interventions and client outcomes. 7.4.1.4.5Communicating nursing interventions and client outcomes to health team members. 7.4.1.5Licensed Practical Nurses shall contribute to evaluating outcomes by appropriately documenting and communicating to the client, family, significant others and the health care team members. 7.5Standards Related to the Registered and Licensed Practical Nurse’s Competencies and Responsibilities. 7.5.1Registered and Licensed Practical Nurses shall: 7.5.1.1Have knowledge of the statutes and regulations governing nursing and function within the legal boundaries of professional and practical nursing practice. 7.5.1.2Accept responsibility for competent nursing practice. 7.5.1.3Function as a member of the health team: 7.5.1.3.1By collaborating with other members of the health team to provide optimum care, or 7.5.1.3.2As an LPN under the direction and supervision of a recognized licensed authority. 7.5.1.4Consult with nurses, other health team members and community agencies for continuity of care and seek guidance as necessary. 7.5.1.5Obtain instruction and supervision as necessary when implementing nursing techniques. 7.5.1.6Contribute to the formulation, interpreting, implementing and evaluating of the objectives and policies related to professional and practical nursing practice within the employment setting. 7.5.1.7Participate in evaluating nurses through peer review. 7.5.1.8Report unsafe nursing practice to the Board and unsafe practice conditions to recognized legal authorities. 7.5.1.9Practice without discrimination as to age, race, religion, sex, sexual orientation, national origin, or disability. 7.5.1.10Respect the dignity and rights of clients regardless of social or economic status, personal attributes or nature of health problems. 7.5.1.11Respect the client’s right to privacy by protecting confidentiality unless obligated by law to disclose the information. 7.5.1.12Respect the property of clients, their families and significant others. In addition to the proceeding, the Registered Nurse shall: 7.5.1.13Delegate to others only those nursing interventions that those persons are prepared or qualified to perform. 7.5.1.14Supervise others to whom nursing interventions are delegated. 7.5.1.15Retain professional accountability for care when delegating. 7.5.1.16Teach safe practice to other health care workers as appropriate. 7.6Dispensing 7.6.1Definitions 7.6.1.1“Dispensing” means providing medication according to an order of a practitioner duly licensed to prescribe medication. The term shall include both the repackaging and labeling of medication from bulk to individual doses. 7.6.1.2“Prescription label” - a label affixed to every prescription or drug order which contains the following information at a minimum. 7.6.1.2.1A unique number for that specific drug order. 7.6.1.2.2The date the drug was dispensed. 7.6.1.2.3The patient’s full name. 7.6.1.2.4The brand or established name and manufacturer and the strength of the drug to the extent it can be measured. 7.6.1.2.5The practitioner’s directions as found on the prescription order. 7.6.1.2.6The practitioner’s name. 7.6.1.2.7The initials of the dispensing nurse. 7.6.1.2.8The name and address of the facility or practitioner from which the drug is dispensed. 7.6.1.2.9Expiration date. 7.6.1.3“Standing order” - An order written by the practitioner which authorizes a designated registered nurse or nurses to dispense prescription drugs to his/her patients(s) according to the standards listed below. 7.6.2Authority to Dispense 7.6.2.1Registered Nurses may assume the responsibility of dispensing as defined in the Nurse Practice Act. 7.6.2.2Licensed Practice Nurses may assume the responsibility of dispensing as authorized by the Nurse Practice Act and defined in these Regulations, Section 7.6.2.2.1., 7.6.2.2.2, and 7.6.2.2.3 7.6.2.2.1Licensed Practical Nurses may provide to a patient pre-packaged medications in accordance with the order of a practitioner duly licensed to prescribe medication where such medications have been pre- packaged by a person with lawful authority to dispense drugs. 7.6.2.2.2Licensed Practical Nurses, per written order of a physician, dentist, podiatrist, advanced practice nurse, or other practitioner duly licensed to prescribe medication, may add the name of the client to a preprinted label on a pre-packaged medication. 7.6.2.2.3Licensed Practical Nurses in a licensed methadone clinic may apply a preprinted label to a pre-packaged medication. 7.6.3Standards for Dispensing 7.6.3.1All licensed nurses engaged in dispensing shall adhere to these standards. 7.6.3.1.1The medication must be prepackaged by a pharmaceutical company or prepared by a registered pharmacist. 7.6.3.1.2The nurse shall be responsible for proper drug storage of the medication prior to dispensing. 7.6.3.1.3The practitioner who originated the prescription or drug order must be on the premises or he/she or their designated coverage shall be available by telephone during the act of dispensing. 7.6.3.1.4Once a drug has been dispensed it shall not be returned for reuse by another or the same patient in an institutional setting. 7.6.3.1.5The nurse may not delegate any part of the dispensing function to any other individual who is not licensed to dispense. 7.6.3.1.6The dispensing nurse must assure compliance to the state generic substitution laws when selecting the product to be dispensed. 7.6.3.1.7The nurse-dispensed prescription may not be refillable; it requires the authority of the prescriber with each dispensing. 7.6.3.1.8A usage review process must be established for the medicines dispensed to assure proper patient usage. 7.6.3.1.9All dispensed drugs must be labeled as defined above and dispensed in proper safety closure containers that meet the standards established by the United States Pharmacopoeia for stability. 7.6.3.1.10Record keeping must include the maintenance of the original written prescription of drug order for at least three years, allow retrospective review of accountability, and provide an audit trail. All dispensing records must be maintained on site, and available for inspection by authorized agents of the Board of Health, Pharmacy, and Nursing. 7.6.3.1.11The dispensing nurse shall assume the responsibility of patient counseling of drug effects, side-effects, desired outcome, precautions, proper storage, unique dosing criteria, drug interactions, and other pertinent data, and record evidence of patient education. 7.6.3.1.12Conformance to paragraphs 6 through 11 are not necessary if the original prescription was dispensed by a pharmacist for that specific patient. 7.7Delegation 7.7.1Definitions 7.7.1.1“Accountability” - The state of being accountable, answerable, or legally liable for actions and decisions, including supervision. 7.7.1.2“Delegation” - Entrusting the performance of selected nursing duties to individuals qualified, competent and legally able to perform such duties while retaining the accountability for such act. 7.7.1.3“Supervision” - The guidance by a registered nurse (RN) for the accomplishment of a function or activity. The guidance consists of the activities included in monitoring as well as establishing the initial direction, delegating, setting expectations, directing activities and courses of action, critical watching, overseeing, evaluating, and changing a course of action. 7.7.1.4“Unlicensed Assistive Personnel” - Individuals not licensed to perform nursing tasks that are employed to assist in the delivery of client care. The term “unlicensed assistive personnel” does not include members of the client’s immediate family, guardians, or friends; these individuals may perform incidental care of the sick in private homes without specific authority from a licensed nurse (as established in 24 Del.C. §1921(a)(4) of the Nurse Practice Act). 7.7.2Conditions 7.7.2.1The following conditions are relevant to delegation: 7.7.2.1.1Only RNs may delegate. 7.7.2.1.2The RN must be knowledgeable regarding the unlicensed assistive personnel’s education and training and have opportunity to periodically verify the individual’s ability to perform the specific tasks. 7.7.2.1.3The RN maintains accountability for determining the appropriateness of all delegated nursing duties and responsibility for the delivery of safe and competent care. Unlicensed assistive personnel may not reassign a delegated act. 7.7.3Criteria 7.7.3.1The RN may delegate only tasks that are within the scope of sound professional nursing judgment to delegate. 7.7.3.2Determination of appropriate factors include, but are not limited to: 7.7.3.2.1stability of the client’s condition 7.7.3.2.2educational background, skill level, or preparation of the individual 7.7.3.2.3nature of the nursing act that meets the following: 7.7.3.2.3.1task is performed frequently in the daily care of a client 7.7.3.2.3.2task is performed according to an established sequence of steps 7.7.3.2.3.3task may be performed with a predictable outcome 7.7.3.2.3.4task does not involve ongoing assessment, interpretation or decision making that cannot be logically separated from the task itself. 7.7.3.3The RN must be readily available in person or by telecommunication. 7.7.4Exclusions 7.7.4.1The following activities require nursing knowledge, judgment, and skill and may not be delegated by the RN to an unlicensed assistive person. These exclusions do not apply to Advanced Practice Nurses. 7.7.4.2Physical, psychological, and social assessment which requires professional nursing judgment, intervention, referral, or follow-up; 7.7.4.3Development of nursing diagnosis and care goals; 7.7.4.4Formulation of the plan of nursing care and evaluation of the effectiveness of the nursing care provided; 7.7.4.5Specific tasks involved in the implementation of the plan of care which require nursing judgment, skill, or intervention, that include, but are not limited to: performance of sterile invasive procedures involving a wound or anatomical site; nasogastric, newly established gastrostomy and jejunostomy tube feeding; nasogastric, jejunostomy and gastrostomy tube insertion or removal; suprapubic catheter insertion and removal; (phlebotomy is not considered a sterile, invasive procedure); 7.7.4.6Administration of medications, including prescription topical medications; and 7.7.4.7Receiving or transmitting verbal orders. 1 DE Reg. 1888 (6/1/98) 6 DE Reg. 1195 (3/1/03) 7.8Intravascular Therapy By Licensed Nurses Intravascular therapy encompasses several components, some of which require primarily skill proficiency with a minimum of critical judgement. Other aspects of intravascular therapy require skill proficiency and more importantly a high degree of knowledge, critical judgement and decision making to perform the function safely. 7.8.1Definition Of Terms 7.8.1.1Vascular system - is composed of all peripheral and central veins and arteries. 7.8.1.2Intravascular therapy (IV) - is the broad term including the administration of fluids and medications, blood and blood derivatives into an individual's vascular system. 7.8.1.3Intravenous fluids - include solutions, vitamins, nutrient preparations, and commercial blood fractions designed to be administered into an individual's vascular system. Whole blood and blood components, which are administered in the same manner, are considered intravenous fluids in this definition. 7.8.1.4Intravenous and intra-arterial medications - are drugs administered into an individual's vascular system by any one of the following methods: 7.8.1.4.1By way of infusion diluted in solution or suspended in fluid and administered over a specified time at a specified rate. 7.8.1.4.2Through an established intra- vascular needle or catheter (referred to as "IV push"). 7.8.1.4.3By venipuncture carried out for the sole purpose of administering the medication. This method is referred to as direct medication injection (direct IV push). 7.8.1.5Vascular access - Utilization of an established device or the introduction of a needle or catheter into an individual’s vascular system. 7.8.1.6Venipuncture - Introduction of a needle or catheter into an individual's peripheral vein for the purpose(s) of withdrawing blood or establishing an infusion or administering medications. 7.8.1.7Intravascular therapy maintenance - Monitoring of the therapy for changes in patient's condition, appropriate flow rate, equipment function, the hanging of additional fluid containers and the implementation of site care. 7.8.1.8Termination of intravascular therapy - Cessation of the therapy either by withdrawing a needle or catheter from an individual’s vascular system or by discontinuing the infusion and maintaining the device as a reservoir. 7.8.1.9Supervision - a registered nurse, licensed physician or dentist is physically present in the unit where the patient is being provided care, or within immediate electronic/telephone contact. 7.8.2Conditions Of Performing Intravascular Therapy Procedures By Licensed Nurses 7.8.2.1Intravascular therapy must be authorized by a written order from a state licensed and authorized prescriber. 7.8.2.2The performance of any procedures of intravascular therapy by a licensed practical nurse will be done under the supervision of a registered nurse, APN, or person licensed to practice medicine, surgery, or podiatry. 7.8.2.3Admixed intravascular solutions documented and instituted by one licensed nurse and subsequently interrupted may be re-instituted by another licensed nurse after confirmation with the state licensed and authorized prescriber's order. 7.8.2.4Admixed intravascular solutions documented and prepared by one licensed nurse may be initiated or continued by another licensed nurse after confirmation with the state licensed and authorized prescriber's order. 7.8.2.5Intradermal or topical anesthetics may be used by the RN or LPN when initiating vascular access therapy in various situations or settings, provided there is an authorized prescriber’s order and organizational policy/ procedure to support use of these medications. All RNs and LPNs must have documented educational preparation according to the employing agency’s policies and procedures. Documented evidence must include both theoretical instruction including anatomy and physiology, pharmacology, nursing management and education of patients and demonstration of clinical proficiency in performance of the task. 7.8.3Functional Scope Of Responsibility For Intravascular Therapy Procedures 7.8.3.1Registered Nurses bear the responsibility and accountability for their nursing practice under the license granted by the Board of Nursing and are permitted to perform the following: 7.8.3.1.1Assessment of the patient and the prescribed intravascular therapy before, during and after the therapy is carried out. 7.8.3.1.2Acceptance and confirmation of intravascular therapy order(s). 7.8.3.1.3Calculation of medication dosage and infusion rate for intravascular therapy administration. 7.8.3.1.4Confirmation of medication dosage and infusion rate for intravascular therapy administration. 7.8.3.1.5Addition of prescribed medications in intravascular solution, labeling and documenting appropriately. 7.8.3.1.6Start initial solution or add replacement fluids to an existing infusion as prescribed. 7.8.3.1.7Vascular access for establishing an infusion or administering medications. 7.8.3.1.8Administration of medications by "IV push". 7.8.3.1.9Intravascular therapy maintenance. 7.8.3.1.10Termination of intravascular therapy, including the removal of subclavian and PICC lines. 7.8.3.1.11Access the vascular system for the purpose of the withdrawal of blood and to monitor the patient's condition before, during, and after the withdrawal of blood. 7.8.3.2Licensed Practical Nurses bear the responsibility and accountability for their nursing practice under the license granted by the Board of Nursing and are permitted to perform the following for peripheral lines: 7.8.3.2.1Acceptance of intravascular therapy order(s). 7.8.3.2.2Calculation of medication dosage and infusion rate of intravascular medications prescribed. This does not include titration. 7.8.3.2.3Confirmation of medication dosage and infusion rate for intravascular therapy administration. 7.8.3.2.4Addition of mediations in intravascular solutions, label and document appropriately. 7.8.3.2.5Venipuncture with needle device to establish access to the peripheral vascular system. 7.8.3.2.6Start initial solution or add replacement fluids to an existing infusion as prescribed. 7.8.3.2.7Intravascular therapy maintenance including the flushing of peripheral lines with Heparin and/or saline solution. 7.8.3.2.8Termination of peripheral intravascular therapy. 7.8.3.2.9Performance of venipuncture for the purpose of the withdrawal of blood and to monitor the patient's condition before, during and after the withdrawal of blood. 7.8.3.3The Licensed Practical Nurse is permitted to perform the following procedures for central lines: 7.8.3.3.1Acceptance of intravascular therapy order(s). 7.8.3.3.2Calculation of medication dosage and infusion rate of intravascular medications prescribed. This does not include titration. 7.8.3.3.3Confirmation of medication dosage and infusion rate for intravascular therapy administration. 7.8.3.3.4Addition of medications in intravascular solutions, label and document appropriately. 7.8.3.3.5Intravascular therapy maintenance, including the flushing of central lines with Heparin and/or saline solution. 7.8.3.3.6Dressing and tubing changes, including PICC lines. 7.8.3.3.7Addition of replacement fluids to an existing infusion as prescribed. 7.8.4.Special Intravascular Procedures By Registered Nurses 7.8.4.1Chemotherapy - Only intravascular routes are addressed in these rules. Review of the Oncology Nursing Society’s current guidelines is recommended before the administration of anti-neoplastic agents. 7.8.4.1.1Definition of Terms 7.8.4.1.1.1Cancer Chemotherapy - is the broad term including the administration of anti- neoplastic agents into an individual's vascular system. 7.8.4.1.1.2Anti-neoplastic agents - are those drugs which are administered with the intent to control neoplastic cell growth. 7.8.4.1.2The Registered Nurse who administers cancer chemotherapy by the intravascular route must have documented educational preparation according to the employing agency's policies and procedures. 7.8.4.1.3The Registered Nurse must have documented evidence of knowledge and skill in the following: •Pharmacology of anti- neoplastic agents •Principles of drug handling and preparation •Principles of administration •Vascular access •Side effects of chemotherapy on the nurse, patient, and family 7.8.4.2Central Venous Access Via Peripheral Veins 7.8.4.2.1Definition of Terms 7.8.4.2.1.1Central venous access - is that entry into an individual's vascular system via the insertion of a catheter into a peripheral vein threaded through to the superior vena cava with placement confirmed by x- ray. 7.8.4.2.2The Registered Nurse who performs central venous access via peripheral veins must have documented educational preparation according to the employing agency's policies and procedures. 7.8.4.2.3Documented evidence must include, but is not limited to, evidence of both theoretical instruction and clinical proficiency in performance of the task. 7.8.4.2.3.1Theoretical instruction must include, but is not limited to, anatomy and physiology, pharmacology, nursing management, and education of patients as they relate to central venous access via peripheral veins. 7.8.4.2.3.2A preceptor must supervise the learning experience and must document the Registered Nurse's competency in the performance of the procedure. 7.8.4.3Pain Management Via Epidural Catheter 7.8.4.3.1It is within the scope of practice of a Registered Nurse to instill analgesics (opiates)/ low dose anesthetics at analgesic levels into an existing catheter under the following conditions/exceptions: 7.8.4.3.1.1The epidural catheter is in place. 7.8.4.3.1.2The position of the epidural catheter was verified as correct by a physician at the time of insertion. 7.8.4.3.1.3Bolus doses and/or continuous infusions, as pre-mixed by anesthesiologists, C.R.N.A.s, or pharmacists, of epidural analgesics/low does anesthetics at analgesic levels can be administered by the Registered Nurse only after the initial dose has been administered. Changes in medication and/or dosage of the same medication are not defined as the initial dose. 7.8.4.3.1.4Only analgesics (opiates)/low dose anesthetics at analgesic levels will be administered via this route for acute and chronic pain management. 7.8.4.3.1.5The Registered Nurse must complete a course that includes, but is not limited to, a) anatomy, physiology, pharmacology, nursing management, assessment, and education of patients as they relate to epidural administration of opiates/low dose anesthetics at analgesic levels; b) a credentialed preceptor must supervise the learning experience and must document the Registered Nurse's clinical competency in the performance of the procedure. 7.8.4.3.1.6The Registered Nurse may not insert or remove epidural catheters 8.0Rules and Regulations Governing the Practice of Nursing as an Advanced Practice Nurse in the State of Delaware 8.1Authority These rules and regulations are adopted by the Delaware Board of Nursing under the authority of the Delaware Nurse Practice Act, 24 Del.C. §§1902(d), 1906(1), 1906(7). 8.2Purpose 8.2.1The general purpose of these rules and regulations is to assist in protecting and safeguarding the public by regulating the practice of the Advanced Practice Nurse. 8.3Scope 8.3.1These rules and regulations govern the educational and experience requirements and standards of practice for the Advanced Practice Nurse. Prescribing medications and treatments independently is pursuant to the Rules and Regulations promulgated by the Joint Practice Committee as defined in 24 Del.C. §1906(20). The Advanced Practice Nurse is responsible and accountable for her or his practice. Nothing herein is deemed to limit the scope of practice or prohibit a Registered Nurse from engaging in those activities that constitute the practice of professional nursing and/or professional nursing in a specialty area. 8.4Definitions “Advanced Practice Nurse” as defined in 24Del.C. §1902(d)(1). Such a nurse will be given the title Advanced Practice Nurse by state licensure, and may use the title Advanced Practice Nurse within his/her specific specialty area. “Audit” The verification of existence of a collaborative agreement for a minimum of 10% of the total number of licenses issued during a specified time period. “Board” The Delaware Board of Nursing “Certified Nurse Midwife (C.N.M.)” A Registered Nurse who is a provider for normal maternity, newborn and well-woman gynecological care. The CNM designation is received after completing an accredited post- basic nursing program in midwifery at schools of medicine, nursing or public health, and passing a certification examination administered by the ACNM Certification Council, Inc. or other nationally recognized, Board of Nursing approved certifying organization. “Certified Registered Nurse Anesthetist (C.R.N.A.)” A Registered Nurse who has graduated from a nurse anesthesia educational program accredited by the American Association of Nurse Anesthetists’ Council on Accreditation of Nurse Anesthesia Educational programs, and who is certified by the American Association of Nurse Anesthetists’ Council on Certification of Nurse Anesthetists or other nationally recognized, Board of Nursing approved certifying organization. “Clinical Nurse Specialist (C.N.S.)” A Registered Nurse with advanced nursing educational preparation who functions in primary, secondary, and tertiary settings with individuals, families, groups, or communities. The CNS designation is received after graduation from a Master’s degree program in a clinical nurse specialty or post Master’s certificate, such as gerontology, maternal-child, pediatrics, psych/mental health, etc. The CNS must have national certification in the area of specialization at the advanced level if such a certification exists or as specified in 8.9.4.1 of these Rules and Regulations. The certifying agency must meet the established criteria approved by the Delaware Board of Nursing. “Clinical Nursing Specialty” a delimited focus of advanced nursing practice. Specialty areas can be identified in terms of population, setting, disease/pathology, type of care or type of problem. Nursing administration does not qualify as a clinical nursing specialty. 3 DE Reg. 1373 (4/1/00) “Collaborative Agreement” Written verification of health care facility approved clinical privileges; or health care facility approved job description; or a written document that outlines the process for consultation and referral between an Advanced Practice Nurse and a licensed physician, dentist, podiatrist, or licensed Delaware health care delivery system. “Guidelines/ Protocols” Suggested pathways to be followed by an Advanced Practice Nurse for managing a particular medical problem. These guidelines/protocols may be developed collaboratively by an Advanced Practice Nurse and a licensed physician, dentist or a podiatrist, or licensed Delaware health care delivery system. “National Certification” That credential earned by a nurse who has met requirements of a Board approved certifying agency. The agencies so approved include but are not limited to: •American Academy of Nurse Practitioners •American Nurses Credentialing Center •American Association of Nurse Anesthetists Council on Certification of Nurse Anesthetists •American Association of Nurse Anesthetists Council on Recertification of Nurse Anesthetists •National Certification Corporation for the Obstetric, Gynecologic and Neonatal Nursing Specialties •National Certification Board of Pediatric Nurse Practitioners and Nurses. •ACNM Certification Council, Inc. “Nurse Practitioner (N.P.)” A Registered Nurse with advanced nursing educational preparation who is a provider of primary health care in a variety of settings with a focus on a specific area of practice. The NP designation is received after graduation from a Master’s program or from an accredited post-basic NP certificate program of at least one academic year in length in a nurse practitioner specialty such as acute care, adult, family, geriatric, pediatric, or women’s health, etc. The NP must have national certification in the area of specialization at the advanced level by a certifying agency which meets the established criteria approved by the Delaware Board of Nursing. “Post Basic Program” A combined didactic and clinical/preceptored program of at least one academic year of full time study in the area of advanced nursing practice with a minimum of 400 clinical/preceptored hours. The program must be one offered and administered by an approved health agency and/or institution of higher learning, Post basic means a program taken after licensure is achieved. “Scope of Specialized Practice” That area of practice in which an Advanced Practice Nurse has a Master’s degree or a post-basic program certificate in a clinical nursing specialty with national certification. “Supervision” Direction given by a licensed physician or Advanced Practice Nurse to an Advanced Practice Nurse practicing pursuant to a temporary permit. The supervising physician or Advanced Practice Nurse must be periodically available at the site where care is provided, or available for immediate guidance. 8.5Grandfathering Period 8.5.1Any person holding a certificate of state licensure as an Advanced Practice Nurse that is valid on July 8, 1994 shall be eligible for renewal of such licensure under the conditions and standards prescribed herein for renewal of licensure. 8.6Standards for the Advanced Practice Nurse 8.6.1Advanced Practice Nurses view clients and their health concerns from an integrated multi-system perspective. 8.6.2Standards provide the practitioner with a framework within which to operate and with the means to evaluate his/her practice. In meeting the standards of practice of nursing in the advanced role, each practitioner, including but not limited to those listed in 8.6.2 of these Rules and Regulations: 8.6.2.1Performs comprehensive assessments using appropriate physical and psychosocial parameters; 8.6.2.2Develops comprehensive nursing care plans based on current theories and advanced clinical knowledge and expertise; 8.6.2.3Initiates and applies clinical treatments based on expert knowledge and technical competency to client populations with problems ranging from health promotion to complex illness and for whom the Advanced Practice Nurse assumes primary care responsibilities. These treatments include, but are not limited to psychotherapy, administration of anesthesia, and vaginal deliveries; 8.6.2.4Functions under established guidelines/protocols and/or accepted standards of care; 8.6.2.5Uses the results of scientifically sound empirical research as a basis for nursing practice decisions; 8.6.2.6Uses appropriate teaching/learning strategies to diagnose learning impediments; 8.6.2.7Evaluates the quality of individual client care in accordance with quality assurance and other standards; 8.6.2.8Reviews and revises guidelines/ protocols, as necessary; 8.6.2.9Maintains an accurate written account of the progress of clients for whom primary care responsibilities are assumed; 8.6.2.10Collaborates with members of a multi-disciplinary team toward the accomplishment of mutually established goals; 8.6.2.11Pursues strategies to enhance access to and use of adequate health care services; 8.6.2.12Maintains optimal advanced practice based on a continual process of review and evaluation of scientific theory, research findings and current practice; 8.6.2.13Performs consultative services for clients referred by other members of the multi-disciplinary team; and 8.6.2.14Establishes a collaborative agreement with a licensed physician, dentist, podiatrist, or licensed Delaware health care delivery system to facilitate consultation and/or referral as appropriate in the delivery of health care to clients. 8.6.3In addition to these standards, each nurse certified in an area of specialization and recognized by the Board to practice as an Advanced Practice Nurse is responsible for practice at the level and scope defined for that specialty certification by the agency which certified the nurse. 8.7Generic Functions of the Advanced Practice Nurse Within the Specialized Scope of Practice include but are not limited to: 8.7.1Eliciting detailed health history(s) 8.7.2Defining nursing problem(s) 8.7.3Performing physical examination(s) 8.7.4Collecting and performing laboratory tests 8.7.5Interpreting laboratory data 8.7.6Initiating requests for essential laboratory procedures 8.7.7Initiating requests for essential x-rays 8.7.8Screening patients to identify abnormal problems 8.7.9Initiating referrals to appropriate resources and services as necessary 8.7.10Initiating or modifying treatment and medications within established guidelines 8.7.11Assessing and reporting changes in the health of individuals, families and communities 8.7.12Providing health education through teaching and counseling 8.7.13Planning and/or instituting health care programs in the community with other health care professionals and the public 8.7.14Delegating tasks appropriately 8.7.15Prescribing medications and treatments independently pursuant to Rules and Regulations promulgated by the Joint Practice Committee as defined in 24 Del.C. §1906(20). [8.7.16Inserting and removing epidural catheters after specialized training.] 8.8Criteria for Approval of Certification Agencies 8.8.1A national certifying body which meets the following criteria shall be recognized by the Board to satisfy 24 Del.C. §1902(d)(1). 8.8.2The national certifying body: 8.8.2.1Is national in the scope of its credentialing. 8.8.2.2Has no requirement for an applicant to be a member of any organization. 8.8.2.3Has educational requirements which are consistent with the requirements of these rules. 8.8.2.4Has an application process and credential review which includes documentation that the applicant’s education is in the advanced nursing practice category being certified, and that the applicant’s clinical practice is in the certification category. 8.8.2.5Uses an examination as a basis for certification in the advanced nursing practice category which meets the following criteria: 8.8.2.5.1The examination is based upon job analysis studies conducted using standard methodologies acceptable to the testing community; 8.8.2.5.2The examination represents the knowledge, skills and abilities essential for the delivery of safe and effective advanced nursing care to the clients; 8.8.2.5.3The examination content and its distribution are specified in a test plan (blueprint), based on the job analysis study, that is available to examinees; 8.8.2.5.4Examination items are reviewed for content validity, cultural sensitivity and correct scoring using an established mechanism, both before use and periodically; 8.8.2.5.5Examinations are evaluated for psychometric performance; 8.8.2.5.6The passing standard is established using acceptable psychometric methods, and is reevaluated periodically; and 8.8.2.5.7Examination security is maintained through established procedures 8.8.2.6Issues certification based upon passing the examination and meeting all other certification requirements. 8.8.2.7Provides for periodic recertification which includes review of qualifications and continued competency. 8.8.2.8Has mechanisms in place for communication to Boards of Nursing for timely verification of an individual’s certification status, changes in certification status, and changes in the certification program, including qualifications, test plan and scope of practice. 8.8.2.9Has an evaluation process to provide quality assurance in its certification program. 8.9Application for Licensure to Practice as an Advanced Practice Nurse 8.9.1Application for licensure as a Registered Nurse shall be made on forms supplied by the Board. 8.9.2In addition, an application for licensure to practice as an Advanced Practice Nurse shall be made on forms supplied by the Board. 8.9.2.1The APN applicant shall be required to furnish the name(s) of the licensed physician, dentist, podiatrist, or licensed Delaware health care delivery system with whom a current collaborative agreement exists. 8.9.2.2Notification of changes in the name of the licensed physician, dentist, podiatrist, or licensed Delaware health care delivery system shall be forwarded to the Board office. 8.9.3Each application shall be returned to the Board office together with appropriate documentation and non-refundable fees. 8.9.4A Registered Nurse meeting the practice requirement as listed in 8.11 and all other requirements set forth in these Rules and Regulations may be issued a license as an Advanced Practice Nurse in the specific area of specialization in which the nurse has been nationally certified at the advanced level and/or has earned a Master’s degree in a clinical nursing specialty. 8.9.4.1Clinical nurse specialists, whose subspecialty area can be categorized under a broad scope of nursing practice for which a Board-approved national certification examination exists, are required to pass this certification examination to qualify for permanent licensure as an Advanced Practice Nurse. This would include, but not be limited to medical-surgical and psychiatric-mental health nursing. If a more specific post-graduate level certification examination that has Board of Nursing approval is available within the clinical nursing specialist’s subspecialty area at the time of licensure application, the applicant may substitute this examination for the broad-based clinical nursing specialist certification examination. 8.9.4.2Faculty members teaching in nursing education programs are not required to be licensed as Advanced Practice Nurses. Those faculty members teaching in graduate level clinical courses may apply for licensure as Advanced Practice Nurses and utilize graduate level clinical teaching hours to fulfill the practice requirement as stated in 8.11.2.1. 8.9.5Renewal of licensure shall be on a date consistent with the current Registered Nurse renewal period. A renewal fee shall be paid. 8.9.6The Board may refuse to issue, revoke, suspend or refuse to renew the license as an Advanced Practice Nurse or otherwise discipline an applicant or a practitioner who fails to meet the requirements for licensure as an Advanced Practice Nurse or as a registered nurse, or who commits any disciplinary offense under the Nurse Practice Act, 24 Del.C. Ch. 19, or the Rules and Regulations promulgated pursuant thereto. All decisions regarding independent practice and/or independent prescriptive authority are made by the Joint Practice Committee as provided in 24 Del.C. §1906(20) - (22). 8.10Temporary Permit for Advanced Practice Nurse Licensure 8.10.1A temporary permit to practice, pending Board approval for permanent licensure, may be issued provided that: 8.10.1.1The individual applying has also applied for licensure to practice as a Registered Nurse in Delaware, or 8.10.1.2The individual applying holds a current license in Delaware, and 8.10.1.3The individual submits proof of graduation from a nationally accredited or Board approved Master’s or certificate advanced practice nursing program, and has passed the certification examination, or 8.10.1.4The individual is a graduate of a Master’s program in a clinical nursing specialty for which there is no certifying examination, and can show evidence of at least 1000 hours of clinical nursing practice within the past 24 months. 8.10.1.5Application(s) and fee(s) are on file in the Board office. 8.10.2A temporary permit to practice, under supervision only, may be issued at the discretion of the Executive Director provided that: 8.10.2.1The individual meets the requirements in 8.10.1.1 or 8.10.1.2, and 8.10.1.5 and; 8.10.2.2The individual submits proof of graduation from a nationally accredited or Board approved Master’s or certificate advanced practice nurse program, and; 8.10.2.3The individual submits proof of admission into the approved certifying agency’s examination or is seeking a temporary permit to practice under supervision to accrue the practice hours required to sit for the certifying examination or has accrued the required practice hours and is scheduled to take the first advanced certifying examination upon eligibility or is accruing the practice hours referred to in 8.10.2.4; or, 8.10.2.4The individual meets 8.10.2.1 and 8.10.2.2 hereinabove and is awaiting review by the certifying agency for eligibility to sit for the certifying examination. 8.10.3If the certifying examination has been passed, the appropriate form must accompany the application. 8.10.4A temporary permit may be issued: 8.10.4.1For up to two years in three month periods. 8.10.4.2At the discretion of the Executive Director. 8.10.5A temporary permit will be withdrawn: 8.10.5.1Upon failure to pass the first certifying examination 8.10.5.1.1The applicant may petition the Board of Nursing to extend a temporary permit under supervision until results of the next available certification exam are available by furnishing the following information: 8.10.5.1.1.1current employer reference, 8.10.5.1.1.2supervision available, 8.10.5.1.1.3job description, 8.10.5.1.1.4letter outlining any extenuating circumstances, 8.10.5.1.1.5any other information the Board of Nursing deems necessary. 8.10.5.2For other reasons stipulated under temporary permits elsewhere in these Rules and Regulations. 3 DE Reg. 1373 (4/1/00) 8.10.6A lapsed temporary permit for designation is equivalent to a lapsed license and the same rules apply. 8.10.7Failure of the certifying examination does not impact on the retention of the basic professional Registered Nurse licensure. 8.10.8Any person practicing or holding oneself out as an Advanced Practice Nurse in any category without a Board authorized license in such category shall be considered an illegal practitioner and shall be subject to the penalties provided for violations of the Law regulating the Practice of Nursing in Delaware, (24 Del.C. Ch. 19). 8.10.9Endorsement of Advanced Practice Nurse designation from another state is processed the same as for licensure by endorsement, provided that the applicant meets the criteria for an Advanced Practice Nurse license in Delaware. 8.11Maintenance of Licensure Status: Reinstatement 8.11.1To maintain licensure, the Advanced Practice Nurse must meet the requirements for recertification as established by the certifying agency. 8.11.2The Advanced Practice Nurse must have practiced a minimum of 1500 hours in the past five years or no less than 600 hours in the past two years in the area of specialization in which licensure has been granted. 8.11.2.1Faculty members teaching in graduate level clinical courses may count a maximum of 500 didactic course contact hours in the past five years or 200 in the past two years and all hours of direct on-site clinical supervision of students to meet the practice requirement. 8.11.2.2An Advanced Practice Nurse who does not meet the practice requirement may be issued a temporary permit to practice under the supervision of a person licensed to practice medicine, surgery, dentistry, or advanced practice nursing, as determined on an individual basis by the Board. 8.11.3The Advanced Practice Nurse will be required to furnish the name(s) of the licensed physician, dentist, podiatrist, or licensed Delaware health care delivery system with whom a current collaborative agreement exists. 8.11.4Advanced Practice Nurses who fail to renew their licenses by February 28, May 31, or September 30 of the renewal period shall be considered to have lapsed licenses. After February 28, May 31, or September 30 of the current licensing period, any requests for reinstatement of a lapsed license shall be presented to the Board for action. 8.11.5To reinstate licensure status as an Advanced Practice Nurse, the requirements for recertification and 1500 hours of practice in the past five years or no less than 600 hours in the past two years in the specialty area must be met or the process described in 8.11.4 followed. 8.11.6An application for reinstatement of licensure must be filed and the appropriate fee paid. 8.12Audit of Licensees 8.12.1The Board may select licensees for audit two months prior to renewal in any biennium. The Board shall notify the licensees that they are to be audited for compliance of having a collaborative agreement. 8.12.1.1Upon receipt of such notice, the licensee must submit a copy of a current collaborative agreement(s) within three weeks of receipt of the notice. 8.12.1.2The Board shall notify the licensee of the results of the audit immediately following the Board meeting at which the audits are reviewed. 8.12.1.3An unsatisfactory audit shall result in Board action. 8.12.1.4Failure to notify the Board of a change in mailing address will not absolve the licensee from audit requirements. 8.12.2The Board may select licensees for audit throughout the biennium. 8.13Exceptions to the Requirements to Practice 8.13.1The requirements set forth in 8.9 shall not apply to a Registered Nurse who is duly enrolled as a bona fide student in an approved educational program for Advanced Practice Nurses as long as the practice is confined to the educational requirements of the program and is under the direct supervision of a qualified instructor. 8.14Definitions 8.14.1Collaborative Agreement - Includes 8.14.1.1A true collegial agreement between two parties where mutual goal setting, access, authority, and responsibility for actions belong to individual parties and there is a conviction to the belief that this collaborative agreement will continue to enhance patient outcomes and 8.14.1.2a written document that outlines the process for consultation and referral between an Advanced Practice Nurse and a duly licensed Delaware physician, dentist, podiatrist or licensed Delaware health care delivery system. This document can include, but not be limited to, written verification of health care facility approved clinical privileges or a health care facility approved job description of the A.P.N. If the agreement is with a licensed Delaware health care delivery system, the individual will have to show that the system will supply appropriate medical back-up for purposes of consultation and referral. 8.14.2National Certification - That credential earned by an Advanced Practice Nurse who has met requirements of a Board of Nursing approved certifying agency. 8.14.3Pharmacology/Pharmacotherapeutics - refers to any course, program, or offering that would include, but not be limited to, the identification of individual and classes of drugs, their indications and contraindications, their likelihood of success, their dosages, their side-effects and their interactions. It also encompasses clinical judgement skills and decision making. These skills may be based on thorough interviewing, history taking, physical assessment, test selection and interpretation, patho-physiology, epidemiology, diagnostic reasoning, differentiation of conditions, treatment decisions, case evaluation and non- pharmacologic interventions. 8.14.4Prescription Order - includes the prescription date, the name of the patient, the name, address, area of specialization and business telephone number of the advanced practice nurse prescriber, the name, strength, quantity, directions for use, and number of refills of the drug product or device prescribed, and must bear the name and prescriber ID number of the advanced practice nurse prescriber, and when applicable, prescriber’s D.E.A. number and signature. There must be lines provided to show whether the prescription must be dispensed as written or substitution is permitted. 8.15Requirements for Initial Independent Practice/ prescriptive Authority An APN who has not had independent prescriptive authority within the past two years in Delaware or any other jurisdiction who is applying for independent practice and/or independent prescriptive authority shall: 8.15.1Be an Advanced Practice Nurse (APN) holding a current permanent license issued by the Board of Nursing (BON). If the individual does not hold national certification, eligibility will be determined on a case by case basis. 8.15.2Have completed a post basic advanced practice nursing program that meets the criteria as established in Section 4.7 of Article 7 of the Rules and Regulations of the Delaware Board of Nursing with documentation of academic courses in advanced health assessment, diagnosis and management of problems within the clinical specialty, advanced patho-physiology and advanced pharmacology/pharmacotherapeutics. In the absence of transcript verification of the aforementioned courses, applicants shall show evidence of content integration through course descriptions, course syllabi, or correspondence from school officials. If the applicant cannot produce the required documentation, such applicant may petition the Joint Practice Committee for consideration of documented equivalent independent prescriptive authority experience. 8.15.3Submit a copy of the current collaborative agreement to the Joint Practice Committee (JPC). The collaborative agreement(s) shall include arrangements for consultation, referral and/or hospitalization complementary to the area of the nurse's independent practice. 8.15.4Show evidence of the equivalent of at least thirty hours of advanced pharmacology and pharmacotherapeutics related continuing education within the two years prior to application for independent practice and/or independent prescriptive authority. This may be continuing education programs or a three credit, semester long graduate level course. The thirty hours may also occur during the generic APN program as integrated content as long as this can be documented to the JPC. All offerings will be reviewed and approved by the JPC. 8.15.5Demonstrate how submitted continuing education offerings relate to pharmacology and therapeutics within their area of specialty. This can be done by submitting the program titles to show content and dates attended. If the JPC questions the relevance of the offerings, the applicant must have available program descriptions, and/ or learner objectives, and/or program outlines for submission to the JPC for their review and approval. 8.16Requirements for Independent Practice/ prescriptive Authority by Endorsement An APN who has had prescriptive authority in another jurisdiction who is applying for independent practice and/or independent prescriptive authority shall: 8.16.1Show evidence of meeting 8.15.1 and 8.15.3. 8.16.2Show evidence of having current prescriptive authority in another jurisdiction. 8.16.3Have no encumbered APN designation(s) in any jurisdiction. 8.16.4Show evidence of completion of a minimum of ten hours of JPC approved pharmacology/ pharmacotherapeutics related continuing education within the area of specialization and licensure within the past two years. 8.17Application 8.17.1Names and credentials of qualified applicants will be forwarded to the Joint Practice Committee for approval and then forwarded to the Board of Medical Practice for review and final approval. 8.18Prescriptive Authority 8.18.1APNs may prescribe, administer, and dispense legend medications including Schedule II - V controlled substances, (as defined in the Controlled Substance Act and labeled in compliance with 24 Del.C. §2536(C), parenteral medications, medical therapeutics, devices and diagnostics. 8.18.2APNs will be assigned a provider identifier number as outlined by the Division of Professional Regulation. 8.18.3Controlled Substances registration will be as follows: 8.18.3.1APNs must register with the Drug Enforcement Agency and use such DEA number for controlled substance prescriptions. 8.18.3.2APNs must register biennially with the Office of Narcotics and Dangerous Drugs in accordance with 16 Del.C. §4732(a). 8.18.4APNs may request and issue professional samples of legend, including schedule II-V controlled substances, and over-the-counter medications that must be labeled in compliance with 24 Del.C. §2536(C). 8.18.5APNs may give verbal prescription orders. 8.19Prescriptive Writing 8.19.1All prescription orders will be written as defined by the Delaware Board of Pharmacy as defined in 8.14.4. 8.20Renewal 8.20.1Maintain current APN licensure. 8.20.2Maintain competency through a minimum of ten hours of JPC approved pharmacology/ pharmacotherapeutics related continuing education within the area of specialization and licensure per biennium. The pharmacology/ pharmacotherapeutics content may be a separate course or integrated within other offerings. 8.21Disciplinary Proceedings 8.21.1Pursuant to 24 Del.C. §1906(19)(c), the Joint Practice Committee is statutorily empowered, with the approval of the Board of Medical Practice, to grant independent practice and/or prescriptive authority to nurses who qualify for such authority. The Joint Practice Committee is also empowered to restrict, suspend or revoke such authority also with the approval of the Board of Medical Practice. 8.21.2Independent practice or prescriptive authority may be restricted, suspended or revoked where the nurse has been found to have committed unprofessional conduct in his or her independent practice or prescriptive authority or if his or her mental or physical faculties have changed or deteriorated in such a manner as to create an inability to practice or prescribe with reasonable skill or safety to patients. 8.21.3Unprofessional conduct, for purposes of restriction, suspension or revocation of independent practice or prescriptive authority shall include but not be limited to: 8.21.3.1The use or attempted use of any false, fraudulent or forged statement or document or use of any fraudulent, deceitful, dishonest or immoral practice in connection with any acquisition or use of independent practice or prescriptive authority; 8.21.3.2Conviction of a felony; 8.21.3.3Any dishonorable or unethical conduct likely to deceive, defraud or harm the public; 8.21.3.4Use, distribution or prescription of any drugs or medical devices other than for therapeutic or diagnostic purposes; 8.21.3.5Misconduct, incompetence, or gross negligence in connection with independent or prescriptive practice; 8.21.3.6Unjustified failure upon request to divulge information relevant to authorization or competence to independently practice or exercise prescriptive authority to the Executive Director of the Board of Nursing or to anyone designated by him or her to request such information. 8.21.3.7The violation of the Nurse Practice Act or of an Order or Regulation of the Board of Nursing or the Board of Medical Practice related to independent practice or prescriptive authority. 8.21.3.8Restriction, suspension, or revocation of independent practice or prescriptive authority granted by another licensing authority in any state, territory or federal agency. 8.21.4Complaints concerning the use or misuse of independent practice or prescriptive authority received by the Division of Professional Regulation or the Board of Nursing shall be investigated in accordance with the provisions of Title 29, Section 8807 governing investigations by the Division of Professional Regulation. As soon as convenience permits, the Board of Nursing shall assign an Investigating Board Member to assist with the investigation of the complaint. The Investigating Board Member shall, whenever practical, be a member of the Joint Practice Committee. 8.21.5Upon receipt of a formal complaint from the Office of the Attorney General seeking the revocation, suspension or restriction of independent practice or prescriptive authority, the Committee Chairperson shall promptly arrange for not less than a quorum of the Committee to convene for an evidentiary hearing concerning such complaint upon due notice to the licensee against whom the complaint has been filed. Such notice shall comply with the provisions of the Administrative Procedures Act (29 Del. C. Ch. 101). 8.21.6The hearing shall be conducted in accordance with the Administrative Procedures Act (29Del.C. §101), and after the conclusion thereof, the Joint Practice Committee will promptly issue a written Decision and Order which shall be based upon the affirmative vote of a majority of the quorum hearing the case. 8.21.7Any written Decision and Order of the Joint Practice Committee which imposes a restriction, suspension or revocation of independent practice or prescriptive authority shall not be effective prior to the approval of the Board of Medical Practice. 4 DE Reg. 296 (8/1/00) 5 DE Reg. 1606 (2/1/02) * PLEASE NOTE: AS THE REST OF THE SECTIONS WERE NOT AMENDED THEY ARE NOT BEING PUBLISHED. A COMPLETE SET OF THE BOARD OF NURSING RULES AND REGULATIONS ARE AVAILABLE AT: http://www.state.de.us/research/AdminCode/title24/ 1900%20Board%20of%20Nursing.shtml#TopOfPage DIVISION OF PROFESSIONAL REGULATION BOARD OF PHARMACY 24 DE Admin. Code 2500 Statutory Authority: 24 Delaware Code, Section 2509 (24 Del.C. §2509) ORDER After due notice in the Register of Regulations and two Delaware newspapers, a public hearing was held on November 10, 2004 at a scheduled meeting of the State Board of Pharmacy to receive comments regarding proposed Regulation 16.0. The proposed regulation identifies crimes substantially related to the practice of pharmacy as mandated by SB 229 enacted by the 142nd General Assembly. The proposed regulation was published in the Register of Regulations, Vol. 8, Issue 4, October 1, 2004. Background Under 24 Del.C. §2518 as amended by SB 229, the Board of Pharmacy “may refuse to issue or renew or may suspend, revoke or restrict the license of any person after due notice and hearing…” who is “(a)(4)convicted of a crime that is substantially related to the practice of pharmacy…” or fails to “(a)(8)…notify the Board that ... the registrant has been convicted of a crime that is substantially related to the practice of pharmacy.” SB 229 has defined “substantially related” as “the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the practice of pharmacy.” The “practice of pharmacy” is defined in 24 Del. C. §2502. Summary Of The Evidence And Information Submitted There was no verbal comment. Written comment is summarized below. 1.John A. Werner, Chairperson, Governor’s Advisory Council for Exception Citizens, submitted a letter dated October 26, 2004 with two comments. First, he notes that in 16.1 the phrase “without regard to the place of conviction” could be considered to include foreign jurisdictions that may not have the due process protection we enjoy in this country. Secondly, he questions the choice of crimes and suggests including 16 Del.C. §§4751 & 4752 (manufacture, deliver, or possession with intent to deliver…drugs). In his view, the inclusions selected by the Board may be too restrictive. 2.Daniese McMullin-Powell, Chairperson, State Council for Persons with Disabililties, submitted a memorandum dated November 8, 2003 with the same comments and concerns expressed by the Governor’s Council for Exceptional Citizens. Findings Of Fact With Respect To The Evidence And Information Submitted 1.There is no indication that the legislature intended for criminal conduct in a foreign jurisdiction to be treated more favorably that the same conduct in this country. It is noteworthy that the prior statutory felony language was silent with respect to place of conviction. It is outside the scope of the enabling legislation for the Board to impose jurisdictional limitations that were not included by the General Assembly. 2.The Board did not include the crimes suggested by the commenter because the inclusion of the term ‘possession’ in these criminal statutes identifies conduct that is not substantially related to the practice of pharmacy. It is the trafficking in large quantities of drugs that the Board finds related since the practice of pharmacy includes safely storing, compounding, and dispensing drugs. A pharmacist has access to large quantities of drugs and the abuse of the responsibility to dispense lawfully could be harmful to the public. The conduct that could give rise to a conviction for ‘possession’ does not necessarily have a “direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the practice of pharmacy.” The Board is charged with the responsibility to “promote, preserve and protect the public health, safety and welfare by and through the effective control and regulation of the practice of pharmacy…” 24 Del.C. §2501. Applicants for licensure under §2515(4) must “be of good moral character” and a person who has demonstrated conduct detrimental to public safety can be found unqualified even though the conduct may not be substantially related to the practice of pharmacy. Similarly, the Board can discipline a licensee or refuse to issue a license when the individual is “guilty of any act involving moral turpitude or gross immorality.” 24 Del.C. §2518(3). This language survived the amendment to §2518 by SB 229. These provisions provide the Board with the tools to protect the public health, welfare, and safety when criminal conduct does not necessarily have a direct bearing on fitness or ability related to the practice of pharmacy as defined under the statute. Any Board determination under §§2515(4) and 2518(3) that could impact an applicant or licensee is made after a hearing and subject to appellate review. The Board can review the merits of each case when a crime is presented to include consideration of age of the offender, time lapse following the crime, evidence of rehabilitation and other mitigating circumstances in determining whether the conviction of a crime demonstrates moral turpitude, gross immorality, or lack of good moral character that is harmful to the public. Decision And Effective Date The Board hereby adopts the changes to Regulation 16.0 to be effective 10 days following publication of this order in the Register of Regulations. Text And Citation The text of the revised rules remains as published in the Register of Regulations, Vol. 8, Issue 4, October 1, 2004. SO ORDERED this 10th day of November, 2004. STATE BOARD OF PHARMACY John E. Murphy, R.Ph., President Nancy Weldin Yvonne Brown, R.Ph., Vice President Carolyn Calio Daniel Hauser, Pharm. D. Karen J. Dey, R.Ph. Angelo Chiari, R.Ph. 16.0Crimes substantially related to the practice of pharmacy. 16.1Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal the following crimes, is deemed to be a crime substantially related to the practice of pharmacy in the State of Delaware without regard to the place of conviction: 16.1.1Unlawfully administering a controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. §626. 16.1.2Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, L.S.D., or designer drugs. 16 Del.C. §4753A. 16.2Crimes substantially related to the practice of pharmacy shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule. PLEASE NOTE: AS THE REST OF THE SECTIONS WERE NOT AMENDED, THEY ARE NOT BEING PUBLISHED. A COMPLETE SET OF THE RULES AND REGULATIONS FOR THE BOARD OF PHARMACY IS AVAILABLE AT: http://www.state.de.us/research/AdminCode/title24/ 2500%20Board%20of%20Pharmacy.shtml#TopOfPage DIVISION OF PROFESSIONAL REGULATION BOARD OF CLINICAL SOCIAL WORK EXAMINERS 24 DE Admin. Code 3900 Statutory Authority: 24 Delaware Code, Section 3906(1) (24 Del.C. §3906(1)) ORDER The Board of Clinical Social Work Examiners (“the Board”) held a properly noticed, public hearing on September 20, 2004 to receive comment on proposed additions, revisions, deletions and modifications to the Board Regulations 7.1 through 7.4 regarding the Definition and Scope of Continuing Education, Continuing Education Hourly Requirements and Continuing Education Reporting and Documentation. No members of the public attended. The written comments received by the Board included an August 27, 2004 memorandum from Daniese McMullin-Powell on behalf of the State Council for Persons with Disabilities and a letter from Anthony L. Horstman on behalf of the Delaware Developmental Disabilities Council dated August 30, 2004. The Board deliberated publicly on the proposed amendments on October 18, 2004. Summary Of The Evidence And Information Submitted The written comments submitted by Daniese McMullin- Powell on behalf of the State Council for Persons with Disabilities and from Anthony L. Horstman on behalf of the Delaware Developmental Disabilities Council (“the writers”) are substantively the same each raising four basic points. For purposes of summarizing the points the Board will follow the order of the points set forth in the memorandum submitted by Ms. McMullin-Powell: 1.The writers question the Board’s rationale for what the writers interpret to be a 50 percent increase in continuing education hours. 2.The writers note that there is a typographical error in Section 7.2.1.2 wherein a reference to Section 5.2.1.1 should refer to 7.2.1.1. 3.The third comment suggests that since the Board is proposing to discontinue the practice of pre-approving continuing education courses, the Board should consider allowing the submission of applications for credit for continuing education more frequently than at renewal. 4.Finally, the writers submit that requiring a “presenter” to sign a training event attendance form may be unmanageable and suggest substituting “presenter, course sponsor, or sponsor’s designee” for “presenter” in Section 7.4.3. Findings Of Fact With Respect To The Evidence And Information Submitted Based upon the evidence received, the Board finds the following facts to be supported by the evidence: 1.There was no public comment received at the hearing concerning the proposed amendments to the Regulations. 2.In response to the concern that the continuing education has been increased by 50 percent, the Board finds that no increase has been proposed by the amendments to the regulations. The Board has always required 45 credit hours. Previously licensees were required to have 30 credit hours in Category I and 15 credit hours in Category II. The proposed amendments remove the categories but do not increase the hours. The Board further finds that the number of hours is consistent with what other States require. 3.The Board find that there is a typographical error in section 7.2.1.2 and that the correct reference should be to 7.2.1.1 not to 5.2.1.1. The Board will make this non- substantive correction. 4.The Board declines to accept the recommendation that the Board consider allowing the submission of applications for credit for continuing education more frequently than at renewal. The Board recognizes that the burden is on the licensee and that the licensee may not know until the end of the renewal cycle if the continuing education courses will be accepted. However, the Board finds that there has been no comment written or verbal from the licensees it regulates in opposition to the proposed amendments. Moreover, the Board finds that the elimination of the two category classifications as discussed above really broadens what the Board will accept and specifically states what will not be accepted. The Board is persuaded that amendments as proposed give the licensees sufficient guidance to comply at the time of renewal with the requirements. 5.The Board does find that the draft of the regulation is improved by substituting “presenter, course sponsor, or sponsor’s designee” for “presenter” in Section 7.4.3. The Board finds that the change is not a substantive change. The Law The Board’s rulemaking authority is provided by 24 Del.C. §3906(1). §3906 Same - Powers and Duties The Board shall have the authority to: (1) Formulate rules and regulations with appropriate notice to those affected; all rules and regulations shall be promulgated in accordance with the procedure specified in the Administrative Procedures Act of this State. Each rule or regulation shall implement or clarify a specific section of this chapter. Decision And Effective Date The Board hereby adopts the changes to Regulations 7.1 through 7.4 regarding the Definition and Scope of Continuing Education, Continuing Education Hourly Requirements and Continuing Education Reporting and Documentation to be effective 10 days following publication of this order in the Register of Regulations. The Board adopts the Regulations as published on August 1, 2004 in 8 DE Reg 218 with the alterations noted in this Order, and a copy of the Regulations as adopted is attached to this Order as Exhibit 1. IT IS SO ORDERED this 15th day of November 2004. Dr. Maria Carroll, Professional Member, President Gloria Ho-Ruggiero, Professional Member, Vice Pres. Winnie Lewis, Public Member Traci McDowell, Public Member Timothy J. Toole, Professional Member EXHIBIT 1 7.0Continuing Education 7.1Required Continuing Education Hours: 7.1.1Hours Required. All licensees must complete forty-five (45) hours of continuing education during each biennial license period. For license periods beginning January 1, 1999 2005 and thereafter, documentation, as required by Rule 5.4 7.4 of all continuing education hours must be submitted to the Board for approval by October 31 of each biennial license period. 7.1.2Proration. At the time of the initial license renewal, some individuals will have been licensed for less than two (2) years. Therefore, for these individuals only, the continuing education hours will be prorated as follows: License Granted During First Credit Hours Year Of Licensing Period Required January 1 - June 30 35 hours July 1 - December 31 25 hours License Granted During Second Credit Hours Year Of Licensing Period Required January 1 - June 30 15 hours July 1 - December 31 5 hours 7.1.3Hardship. A candidate for license renewal may be granted an extension of time in which to complete continuing education hours upon a showing of good cause. "Good Cause" may include, but is not limited to, disability, illness, extended absence from the jurisdiction and exceptional family responsibilities. Requests for hardship consideration must be submitted to the Board in writing prior to the end of the licensing period, along with payment of the appropriate renewal fee. No extension shall be granted for more than 120 days after the end of the licensing period. If the Board does not have sufficient time to consider and approve a request for hardship extension prior to the expiration of the license, the license will lapse upon the expiration date and be reinstated upon completion of continuing education pursuant to the hardship exception. 2 DE Reg 775 (11/1/98) 7.2Definition and Scope of Continuing Education: 7.2.1Continuing Education is defined to mean approved acceptable courses offered by colleges and universities, televised and extension internet courses, independent study courses which have a final exam or paper, workshops, seminars, conferences and lectures oriented toward the enhancement of clinical social work practice, values, skills and knowledge, including self-directed activityies and preparation of a first-time clinical course as described herein. The following types of courses are NOT acceptable for credit: business, computer, financial, administrative or practice development courses or portions of courses. 7.2.1.1Approved Courses shall be those courses which: increase the clinical social worker (CSW)’s knowledge about, skill in diagnosing and assessing, skill in treating, and/or skill in preventing mental and emotional disorders, developmental disabilities and substance abuse; AND are instructed or presented by persons who have received specialized graduate-level training in the subject, or who have no less than two (2) years of practical application or research experience pertaining to the subject. 7.2.1.2Mental and Emotional Disorders, Developmental Disabilities and Substance Abuse are those disorders enumerated and described in the most current Diagnostic and Statistical Manual including, but not limited to, the V Codes and the Criteria Sets and Axes provided for further study. 7.2.1.1The Board will accept for continuing education credit all courses designated for clinical social workers which are offered by the Association of Social Work Boards (ASWB), the National Association of Social Work (NASW) and the American Psychological Association (APA) approved providers. Other courses will be evaluated for acceptability at the time they are submitted for license renewal. The Board will no longer “pre-approve” continuing education courses. 7.2.1.2Acceptable Courses, other than those approved pursuant to Rule [57].2.1.1, shall be courses which: increase the licensed clinical social worker’s knowledge about skill in diagnosing and assessing, skill in treating, and/or skill in preventing mental and emotional disorders, developmental disabilities and substance abuse; AND are instructed or presented by persons who have received specialized graduate-level training in the subject, or who have no less than two (2) years of practical application or research experience pertaining to the subject. 7.2.1.2.1Mental and Emotional Disorders, Developmental Disabilities and Substance Abuse are those disorders enumerated and described in the most current Diagnostic and Statistical Manual including, but not limited to, the V Codes and the Criteria Sets and Axes provided for further study. 7.2.2 7.2.4The Board may, upon request, review and approve credit for self-directed activities, to a maximum of 15 10 hours per biennial licensing period. A licensee must obtain pre-approval of the Board prior to undertaking the self-directed activity in order to assure continuing education credit for the activity. Any self-directed activity submitted for approval must include a written proposal outlining the scope of the activity, the number of continuing education hours requested, the anticipated completion date(s), the role of the licensee in the case of multiple participants (e.g. research) and whether any part of the self- directed activity has ever been previously approved or submitted for credit by the same licensee. 7.2.2.17.2.1.3 Self-Directed Activity shall include teaching, research, preparation and/or presentation of professional papers and articles, and other activities specifically approved by the Board, which may include one or more of the following. The Board shall require documentation of each activity as noted below: 7.2.2.1.1Publication of a professional clinical social work-related book, or initial preparation/ presentation of a clinical social work-related college or university course (maximum of 10 hours); 7.2.2.1.1.1Required documentation shall be proof of publication, or syllabus of course and verification that the course was presented. 7.2.2.1.2Publication of a professional clinical social work-related article or chapter of a book (maximum of 5 hours); 7.2.2.1.2.1Required documentation shall be reprint of publication(s). 7.2.2.1.3Initial preparation/ presentation of a professional clinical social work-related continuing education course/program (maximum of 2 hours, in addition to number of hours actually attended at the course/program) (Will only be accepted one time for any specific program); 7.2.2.1.3.1Required documentation shall be outline, syllabus agenda and objectives for course and verification that the course was presented. 7.2.2.1.4One year of Field instruction of graduate students in a Council on Social Work Education- accredited school program, in a clinical setting (maximum of 2 hours); 7.2.2.1.4.1Required documentation shall be a letter of verification from school of social work. 7.2.2.1.5Participation in formal clinical staffings at federal, state or local social service agencies, public school systems or licensed health facilities and licensed hospitals (maximum of 5 hours); 7.2.2.1.5.1Required documentation shall be a signed statement from the agency, school system, facility or hospital, from a supervisor other than the licensee, including date and length of staffing. 7.2.2 7.2.3Any program submitted for continuing education hours must have been attended during the biennial licensing period for which it is submitted. Excess credits may not be carried over to the next licensing period. 7.2.3 7.2.4An “hour” for purposes of continuing education credit shall mean 60 50 (fifty) minutes of instruction or participation in an appropriate course or program. Meals and breaks shall be excluded from credit. 7.2.5The Board may award a maximum of 5 continuing education hours for the first-time preparation and presentation of a clinical social work course, in-service training, workshop, or seminar. A copy of the course syllabus and verification that the course was presented is required for Board approval. 7.3Continuing Education Content HourlyRequirements: During each biennial licensing period, licensees shall complete a minimum of thirty (30) forty-five (45) hours of continuing education. in Category I courses. The remaining fifteen (15) continuing education hours may be taken in Category II courses. At least three (3) of the 30 Category I 45 hours shall consist of courses acceptable to the Board in the area of ethics for mental health professionals. Category I:Courses which have as their primary focus and content the assessment, diagnosis, and biopsychosocial (biological, psychological and social) treatment of mental and emotional disorders, developmental disabilities, and/or substance abuse; courses which have as their primary focus and content the ethical practice of social work. Category II:Courses in any of the following areas which are related to and increase the CSW’s knowledge of mental and emotional disorders, developmental disabilities, and/or substance abuse research methods and findings; psychology and sociology; human growth and development; child and family constructs; physical illness and health; social action; advocacy; human creativity; spirituality HIV 7.4Continuing Education Reporting and Documentation 7.4.1Continuing Education Reporting Periods. Licenses are valid for 2 year periods, renewing on January 31 of odd numbered years (e.g. January 31, 20015, 20037). Continuing education (CE) reporting periods run from October 31 November 1 to October 31 of the preceding two even-numbered years. (e.g. credits for the January 2001 license renewal may be obtained between October 31, 1998 and October 31, 2000). The Board will allow credits obtained between October 31 and January 31 to apply to either (but not both) of the biennial licensing periods, at the licensee’s discretion. Beginning with the January 20035 license renewal, all required continuing education shall should be completed within the previous two year October November to October period (e.g. between October 31 November 1, 20002 and October 31, 20024 for January 20035 renewal). The Board shall continue to have the discretion, however, to grant extensions of time in which to complete continuing education in cases of hardship, pursuant to 24 Del.C. §3912 and Rule 7.1.3. 7.4.2In order to assure receipt of continuing education credits, a licensee must complete and submit the appropriate continuing education form provided by the Division of Professional Regulation no later than October 31st preceding the start of the next biennial licensing period. 7.4.3In addition to the form, each licensee must submit the following documentation as to each course attended: a certificate of attendance or completion signed by the presenter and attesting to the number of hours the licensee attended and documentation identifying the date and location of the course. , the total number of CE hours attended and the agenda, outline or brochure describing the course. Originals or photocopies will be accepted and retained by the Board. The Board reserves its right to request additional documentation, such as copies of program materials, to verify CE compliance. Statutory Authority: 24 Del.C. §§3906(7), 3912. 7.4.4Prior to the end of each renewal period, the Board shall conduct a random audit of licensees to verify compliance with continuing education for that renewal period. Upon request from the Board, an audited licensee will be required to submit, in addition to the documents noted above, copies of agenda, outline and brochure, for each course submitted for credit. Originals or photocopies will be accepted and retained by the Board. The Boardreserves its right to request additional documentation to verify CE compliance. 7.4.5In addition to licensees selected for random audit, the Board also may request additional supporting documentation from any licensee whose renewal materials, as required by Rules 7.4.2 and 7.4.3, raise questions as to the completion or acceptable content of the course(s). 2 DE Reg 1680 (6/1/00) 4 DE Reg 1815 (5/1/01) 7 DE Reg 1667 (6/1/04) * PLEASE NOTE: AS THE REST OF THE SECTIONS WERE NOT AMENDED THEY ARE NOT BEING PUBLISHED. A COMPLETE SET OF THE RULES AND REGULATIONS FOR THE BOARD OF CLINICAL SOCIAL WORK EXAMINERS IS AVAILABLE AT:http://www.state.de.us/research/ AdminCode/title24/ 3900%20Board%20of%20Clinical%20Social%20Work%20Examiners.shtml#TopOfPage DEPARTMENT OF EDUCATION Statutory Authority: 14 Delaware Code, Section 122(d) (14 Del.C. §122(d)) 14 DE Admin. Code 742 REGULATORY IMPLEMENTATION ORDER 742 Compensation of District Personnel Under Specific Project Proposals I. Summary of the Evidence and Information Submitted The Secretary of Education intends to amend 14 DE Admin. Code 742 Compensation of District Personnel Under Specific Project Proposals in order to add a reference to charter schools and change the title and the regulation so the regulation refers only to federal projects. Notice of the proposed regulation was published in the News Journal and the Delaware State News on September 23, 2004, in the form hereto attached as Exhibit “A”. Comments were received from The Governor’s Advisory Council for Exceptional Citizens. The following are the Department’s responses to the Advisory Council’s concerns. The Advisory Council was concerned that the rationale for deleting the authorization for “locally supported projects” was not provided. The Department’s response is that the existing regulation is redundant because local school districts have the discretion to use their local funds to hire additional personnel or supplement existing salaries and to develop their own local compensation plans. The Council also commented that although the proposed regulations apply only to districts and charter schools, section 3.1 anomalously refers to “a nonpublic school institution”. The Department’s response is that the requirement for “equitable compensation” is applicable to individuals compensated through federal funds. It applies to charters as well as districts and non-public school institutions. It also applies to the Department of Education. Lastly, the Council suggested that section 3.2 literally disallows an employee whose compensation is derived 1% from federal funds to enjoy the due process protections in Title 14. The Department’s response is that federally supported positions are excluded from the provisions of Chapter 14 because employment is also conditioned on the receipt of federal funds. Local districts have additional provisions contained in their collective bargaining agreements related to termination, seniority, etc. The Department upon review of the concerns will retain the wording as amended. II. Findings of Facts The Secretary finds that it is appropriate to amend 14 DE Admin. Code in order to add a reference to charter schools and change the title and the regulation so the regulation refers only to federal projects. III. Decision to Amend the Regulation For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 742. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code742 attached hereto as Exhibit “B” is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 742 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 742 amended hereby shall be in the form attached hereto as Exhibit “B”, and said regulation shall be cited as 14 DE Admin. Code 742 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 November 17, 2004. 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 17th day of November 2004. DEPARTMENT OF EDUCATION Valarie A. Woodruff, Secretary of Education 742 Compensation of School District and Charter School Personnel Under Specific Project Proposals Federal Projects 1.0A school district or charter school may use Federal or local federal funds to: 1.1Employ additional administrative, supervisory and teaching personnel, or other necessary personnel beyond those allocated in Delaware Code, Title 14, in order to implement a federally or locally supported project. 1.2Extend the employment of a ten or eleven month employee through the eleventh and twelfth month for purposes of conducting a federally or locally supported program. Part-time assignments shall be paid a pro-rata share. 1.3Employ teachers of the school district or charter school during the school year for additional hours each week to support such activities as extra-time instruction federally supported programs. 1.4Employ full-time instructional personnel who are qualified for administrative or supervisory positions to carry on administrative or supervisory activities of a federally supported program beyond the regular school day or school week. 1.5Pay a salary equal to the combined Sstate and local salary of other persons in similar assignments at the same rank. 1.6Pay an hourly rate for a part-time assignment as an amount pro-rated against the annual salary for the same rank and assignment and in accordance with the qualifications of the individual so assigned and in accordance with previous sections of this statement. 2.0 A district shall: 2.1 Where applicable include a description of the position in the project proposal as presented to the Department of Education for approval. 2.2 In describing any new or additional position, align it with a recognized rank as described in Delaware Code, Title 14; or in the case of a nonpublic school institution describe the position in terms of a rank already existing in the institution and assigned to comparable work. 2.3 Include in the benefits of the employee all of those benefits that accrue to an employee of the State or the local school district except that the benefit of the provisions of 14 Del.C. Ch. 14 shall not apply to any person whose salary is paid from Federal funds in whole or in part. 2.4 Seek and obtain approval of a Federally-funded project through the office of the appropriate coordinator in the Department of Education prior to the assignment of personnel for the assumption of duties and payment of wages or salary. 2.5 Comply with the maximum hourly compensation rates as published by the Department of Education unless there is authorization to pay at a per diem rate. See 3 DE Reg. 755 (12/1/99) 2.0A school district or charter school shall not: 2.1Supplant funds for a local or state position by substituting federal funds for payment of that position. 2.2Pay a salary to cover paid vacation days during intended federal employment when that federal employment is an extension of a ten or eleven-month school year as assigned and paid by the state. 3 DE Reg. 755 (12/1/99) 3.0A district shall not: 3.1Supplant funds for a local or State position by substituting Federal funds for payment of that position. 3.2Pay a salary to cover paid vacation days during intended Federal employment when that Federal employment is an extension of a ten- or eleven-month school year as assigned and paid by the State. 3.0For federal project proposals that require the approval of the Department of Education, the applicant shall: 3.1Describe any new or additional position, align it with a recognized rank as described in Delaware Code Title 14 or in the case of a nonpublic school institution describe the position in terms of a rank already existing in the institution and assigned to comparable work. 3.2Include in the benefits of the employee all of those benefits that accrue to an employee of the state or the local school district or charter school except that the benefit of the provisions of 14 Del.C. Ch. 14 shall not apply to any person whose salary is paid from federal funds in whole or in part. 3.3Seek and obtain approval of the project through the Department of Education prior to the assignment of personnel for the assumption of duties and payment of wages or salary. 4.0Local school districts shall comply with the maximum hourly compensation rates as published by the Department of Education. DEPARTMENT OF EDUCATION 14 DE Admin. Code 925 REGULATORY IMPLEMENTATION ORDER 925 Compensation of District Personnel Under Specific Project Proposals I. Summary of the Evidence and Information Submitted The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 925 Children with Disabilities. Section 4.3 is amended to change the eligibility criteria for Autism, Section 4.4 for Developmental Delay, Section 4.9 for Mental Disability, Section 4.10 for Orthopedic Impairment and Section 4.11 for other Health Impairment. Section 21.0 Reserved, is amended to replace it with a new section 21.2 the Statewide Monitoring Review Board (SMRB) for Children with Autism. These changes were publish in the August 1, 2004 Register of Regulations Volume 8 Issue 2. Section 5.0, Individualized Education Program (IEP), is amended to add new Sections 5.3.2, 5.4.1 and 5.4.2. The change in 5.3.2 requires including the Career Technical Teacher Coordinator in the IEP meeting when the student is in a Cooperative Education Program or a Diversified Occupations Program. The changes in 5.4.1 and 5.4.2 address the use of the IEP forms. These changes were publish in the September 1, 2004 Register of RegulationsVolume 8 Issue 3. Notice of the changes to the proposed regulation were published in the News Journal and the Delaware State Newson July 26, 2004 for amendments to sections 4.0 and 21.0 and on August 17, 2004 for amendments to sections 5.0 in the form hereto attached as Exhibit “A”. Comments were received form the Governors Advisory Council for Exceptional Citizens, the State Council for Persons with Disabilities, the Autism Society of Delaware and the duPont Hospital for Children, the Division of Behavioral Health. There were no concerns expressed about the amendments to 5.0. The concerns expressed were for the amendments to sections 4.0 and 21.0. In sections 4.3.1.1, 4.3.1.1.3, 4.10.2.2, 21.2.4.1.2 and 21.2.4.5 the suggested changes were made. In some cases the comments made would require changes to the Delaware Code and in other cases the Department reviewed the comments and decided to retain the language as proposed. The Department has sent letters to each organization with detailed responses to their comments. II. Findings of Facts The Secretary finds that it is appropriate to amend 14 DE Admin. Code 925 in order to bring the regulation in line with the federal statute. III. Decision to Amend the Regulation For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 925. Therefore, pursuant to 14 Del.C. Ch. 31, 14 DE Admin. Code 925 attached hereto as Exhibit “B” is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 925 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 925 amended hereby shall be in the form attached hereto as Exhibit “B”, and said regulation shall be cited as 14 DE Admin. Code 925 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. Ch.31 on November 18, 2004. 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 18th day of November 2004. DEPARTMENT OF EDUCATION Valarie A. Woodruff, Secretary of Education Approved this 18th day of November 2004 STATE BOARD OF EDUCATION Dr. Joseph A. Pika, President Jean W. Allen, Vice President Richard M. Farmer, Jr. Mary B. Graham, Esquire Valarie Pepper Dennis J. Savage Dr. Claibourne D. Smith 925 Children with Disabilities 4.0Eligibility for Services 4.1Age of Eligibility: Programs shall be provided for children with disabilities in age ranges as set out in accordance with 14 Del.C. Ch.7 and 14 Del.C. Ch.31 and other age ranges as provided for by State and/or federal legislation. 4.1.1The age of eligibility for special education and related services for children identified as having a hearing impairment, visual impairment, deaf- blindness, or autism, shall be from birth through 20 years, inclusive. 4.1.2The age of eligibility for children identified as having preschool speech delay shall be from the third birthday up to, but not including, the fifth birthday. 4.1.3The age of eligibility for children identified as having speech and/or language impairment shall be from the fifth birthday through twenty years, inclusive; provided, however, that children attaining the minimum age by August 31 of the school year shall also be eligible. These children receive a free appropriate public education as preschool speech delayed upon reaching their third birthday. 4.1.4The age of eligibility for children identified as having a developmental delay shall be from the third birthday up to, but not including, the fourth birthday. 4.1.5The age of eligibility for children identified as having a physical impairment, trainable mental disability, traumatic brain injury, or severe mental disability shall be from the third birthday through 20 years inclusive; provided, however, that students in these categories attaining the minimum age by August 31 of the school year shall also be eligible. 4.1.6The age of eligibility for children identified as having emotional disturbance, educable mental disability, or learning disability shall be from the fourth birthday through 20 years inclusive; provided, however, that children in these categories attaining the minimum age by August 31 of the school year shall also be eligible. These children receive a free appropriate public education as developmentally delayed upon reaching their third birthday. 4.1.7Children in special education who attain age 21 after August 31 may continue their placement until the end of the school year including appropriate summer services through August 31. 4.2Definitions and General Eligibility/Exit Criteria 4.2.1Eligibility Criteria - General: A child shall be considered eligible to receive special education and related services, and to be counted in the appropriate section of the unit funding system noted in 14 Del.C. §1703, when such eligibility and the nature of the disabling condition are determined by an IEP team. Eligibility and the nature of the condition shall be based upon consideration of the results of individual child evaluation data obtained from reports and observations and the definitions and criteria delineated in these regulations. Eligibility for classification under any one or more categories shall include documentation of the educational impact of the disability. Documentation of eligibility shall include an evaluation report from a qualified evaluation specialist. Eligibility for classification under any one or more categories shall include, but shall not be limited to, an evaluation report from the evaluation specialist designated under the eligibility criteria for each disability. 4.2.2Exit Criteria - General: A child ceases to be eligible for special education and related services when the IEP team determines that special education is no longer needed for the child to benefit from his or her educational program or the child graduates with a high school diploma. In making the determination, the team shall consider: 4.2.2.1Eligibility criteria; 4.2.2.2Data-based and/or documented measures of educational progress; and 4.2.2.3Other relevant information 4.3Eligibility Criteria for Autism: An IEP team shall review evidence for the following behavioral manifestations: 4.3.1The presence of an impairment of verbal and nonverbal communication skills including the absence of speech or the presence of unusual speech features, and a combination of the following: 4.3.1.1Impairment in reciprocal social orientation/interaction; 4.3.1.2Extreme resistance to change and/or control; 4.3.1.3Preoccupation with objects and/ or inappropriate use of objects; and/or 4.3.1.4Unusual motor patterns, including, but not limited to, self-stimulation and self- injurious behavior. 4.3.2Identification of autism shall be documented through an evaluation by either a licensed psychologist, a certified school psychologist, a qualified physician, or a qualified psychiatrist. Determination of the condition of autism and eligibility for special education shall be made by an IEP team. 4.3.3Age of Eligibility: The age of eligibility for children identified under this definition shall be from birth through 20 years, inclusive. 4.4Eligibility Criteria for Developmental Delay: A developmental delay is a term applied to a young child, who exhibits a significant delay in one or more of the following developmental domains: cognitive, communication (expressive and/or receptive), physical (gross motor and/or fine motor), social/emotional functioning, and adaptive behavior. A developmental delay shall not be primarily the result of a significant visual or hearing impairment. 4.4.1In order for an IEP team to determine eligibility for special education services, under the Developmental Delay category, the following is required: 4.4.1.1Standardized test scores of 1.5 or more standard deviations below the mean in two or more of the following developmental domains: cognitive, communication (expressive and/or receptive), physical (gross and/or fine), social/emotional functioning or adaptive behavior; or 4.4.1.2Standardized test scores of 2.0 or more standard deviations below the mean in any one of the developmental domains listed above; or 4.4.1.3Professional judgment of the IEP team that is based on the multiple sources of information used in the assessment process and with justification documented in writing in the evaluation report. 4.4.2Age of Eligibility: The age of eligibility for classification under the developmental delay classification is from the third birth date until the fourth birth date. 4.3.Eligibility Criteria for Autism: The educational classification of autism encompasses the clinical condition of Autistic Disorder, as well as other typically less severe Pervasive Developmental Disorders, (i.e., Asperger Syndrome and Pervasive Developmental Disorder – Not Otherwise Specified). These conditions share important features, and together, comprise the Autistic Spectrum Disorders (ASDs). Students with educational classifications of autism may have ASD of differing severity as a function of the number and pattern of features defined in the eligibility criteria listed below. 4.3.1In order for the IEP team to determine eligibility for special education services under the Autism category, the following is required: 4.3.1.1All students with an educational classification of autism demonstrate a [marked, significant,] qualitative impairment in reciprocal social interaction, as manifested by deficits in at least two of the following: 4.3.1.1.1Use of multiple nonverbal behaviors to regulate social interactions; 4.3.1.1.2Development of peer relationships; 4.3.1.1.3Spontaneous seeking to share enjoyment, interests, or achievements with other people [, including parent(s) and caregivers;] or 4.3.1.1.4Social or emotional reciprocity. 4.3.1.2All students with an educational classification of autism also demonstrate at least one feature from either 4.3.1.2.1. or 4.3.1.2.2. below: 4.3.1.2.1A qualitative impairment in communication, as manifested by: 4.3.1.2.1.1A lack of, or delay in, spoken language and failure to compensate through gesture; 4.3.1.2.1.2Relative failure to initiate or sustain a conversation with others; 4.3.1.2.1.3Stereotyped, idiosyncratic, and/or repetitive speech; or 4.3.1.2.1.4A lack of varied, spontaneous make-believe play or social imitative play. 4.3.1.2.2Restricted, repetitive, and stereotyped patterns of behavior, as manifested by: 4.3.1.2.2.1Encompassing preoccupation or circumscribed and restricted patterns of interest; 4.3.1.2.2.2Apparently compulsive adherence to specific, nonfunctional routines/rituals; 4.3.1.2.2.3Stereotyped and repetitive motor mannerisms; or 4.3.1.2.2.4Persistent preoccupation with parts/sensory qualities of objects. 4.3.1.3All students with an educational classification of autism have impairments that: 4.3.1.3.1Are inconsistent with the student’s overall developmental/functional level; and 4.3.1.3.2Result in an educationally significant impairment in important areas of functioning; and 4.3.1.3.3Are a part of a clear pattern of behavior that is consistently manifested across a variety of people, tasks and settings, and that persists across a significant period of time; and 4.3.1.3.4Are not primarily accounted for by an emotional disorder. 4.3.2An educational classification of autism is established: 4.3.2.1Using specialized, validated assessment tools that provide specific evidence of the features of ASD described above; 4.3.2.2By individuals who have specific training in the assessment of students with ASD in general, and in the use of the assessment procedures referred to in 4.3.2.1.; and 4.3.2.3Based upon an observation of the student in a natural education environment, an observation under more structured conditions, and information regarding the student’s behavior at home. 4.3.3Age of Eligibility: The age of eligibility for children with autism shall be from birth through age 20, inclusive. 4.4Eligibility Criteria for Developmental Delay: A developmental delay is a term applied to a young child who exhibits a significant delay in one or more of the following developmental domains: cognition, communication (expressive and/or receptive), physical (gross motor and/or fine motor) social/emotional functioning and adaptive behavior. A developmental delay shall not be primarily the result of a significant visual or hearing impairment. 4.4.1In order for an IEP team to determine eligibility for special education services under the Developmental Delay category, the following is required: 4.4.1.1Standardized test scores of 1.5 or more standard deviations below the mean in two or more of the following developmental domains: cognition, communication (expressive and/or receptive), physical (gross motor and/or fine motor) social/emotional functioning and adaptive behavior; or 4.4.1.2Standardized test scores of 2.0 or more standard deviations below the mean in any one of the developmental domains listed above; or 4.4.1.3Professional judgment of the IEP team that is based on multiple sources of information used in the assessment process and with justification documented in writing in the evaluation report of a significant difference between the child’s chronological age and his/her current level of functioning. A significant difference is defined as a minimum of a 25% delay in comparison to same-aged peers. 4.4.2Multiple sources/ methods of information shall be used in the determination of eligibility for service provision. An assessment shall include, but not be limited to, the following sources of information: 4.4.2.1Developmental and medical history; 4.4.2.2Interview with the child’s parent or primary caregiver; 4.4.2.3Behavioral observations; 4.4.2.4Standardized norm-referenced instruments; and 4.4.2.5Other assessments which could be used for intervention planning, such as dynamic or criterion- referenced assessments, behavior rating scales, or language samples. 4.4.3The assessment of a child suspected of a developmental delay shall be culturally and linguistically sensitive. 4.4.4Age of eligibility: The age of eligibility for classification under the developmental delay classification is from the third birth date until the ninth birth date. Non-regulatory note: Under the Delaware Code, funding for the Developmental Delay category is only available through the Preschool Children with Disabilities block grant, except as authorized through the Special Education Funding Pilot. 4.5Eligibility Criteria for Deaf Blind: An IEP team shall consider the following in making a determination that a child has a deaf-blind condition: 4.5.1A qualified physician or licensed audiologist shall document that a child has a hearing loss so severe that he or she cannot effectively process linguistic information through hearing, with or without the use of a hearing aid. Such documentation shall be based upon a formal observation or procedure; and a licensed ophthalmologist or optometrist shall document that a child has a best, corrected visual acuity of 20/200 or less in the better eye, or a peripheral field so contracted that the widest lateral field of vision subtends less than 20 degrees; and 4.5.2An IEP team shall consider the documentation of auditory and visual impairment in addition to other information relevant to the child’s condition in determining eligibility for special education under the above definition. 4.5.3Classification as a child who is deaf- blind shall be made by the IEP team after consideration of the above eligibility criteria. 4.5.4Age of Eligibility: The age of eligibility for children identified under this definition shall be from birth through 20 years, inclusive. 4.6Eligibility Criteria for Emotional Disturbance: The IEP team shall consider documentation of the manifestation of the clusters or patterns of behavior associated with emotional disturbance and documentation from multiple assessment procedures. Such procedures shall include, but not be limited to, an evaluation by either a licensed or certified school psychologist, or a licensed psychiatrist, classroom observations by teacher(s) and at least one other member of the IEP team, a review of records, standardized rating scales, and child interviews. 4.6.1The documentation shall show that the identified behaviors have existed over a long period of time and to a marked degree, and: 4.6.2Adversely affect educational performance. This means that the child's emotions and behaviors directly interfere with educational performance. It also means that such interference cannot primarily be explained by intellectual, sensory, cultural, or health factors, or by substance abuse; and 4.6.2.1Are situationally inappropriate for the child's age. This refers to recurrent behaviors that clearly deviate from behaviors normally expected of other students of similar age under similar circumstances. That is, the student's characteristic behaviors are sufficiently distinct from those of his or her peer groups; or 4.6.2.2Preclude personal adjustment or the establishment and maintenance of interpersonal relationships. This means that the child exhibits a general pervasive mood of unhappiness or depression and/or is unable to enter into age-appropriate relationships with peers, teachers and others; and 4.6.3The age of eligibility for children identified under this definition shall be from the fourth birthday through 20 years, inclusive. 4.7Eligibility Criteria for Hearing Impairment 4.7.1A qualified physician or licensed audiologist shall document that a child has a hearing loss such that it makes difficult or impossible the processing of linguistic information through hearing, with or without amplification. Such documentation shall be based upon a formal observation or procedure; and 4.7.2The IEP team shall consider the documentation of hearing impairment in addition to other information relevant to the child’s condition in determining eligibility for special education under the above definition. 4.7.3The age of eligibility of children identified under this definition shall be from birth through 20 years, inclusive. 4.8Eligibility Criteria for Learning Disability: In order for an IEP team to determine eligibility for special education services under the learning disability category, the following is required: 4.8.1Written document for the formative intervention process used with the student. (See section 2.3, “Referral to Instruction Support Team” above). The documentation shall include a clear statement of the student’s presenting problem(s); summary of diagnostic data collected and the sources of that data; and summary of interventions implemented to resolve the presenting problem(s) and the effects of the interventions; and 4.8.2A comprehensive psychological assessment to evaluate the student’s reasoning and cognitive processes in order to rule out mental retardation and emotional disturbance, and 4.8.3A severe discrepancy between achievement and intellectual ability in one or more of the following areas: oral expression, listening comprehension, written expression, basic reading skills, reading comprehension, mathematics calculation or mathematics reasoning, based on correlation tables approved by the Department of Education. 4.8.4The age of eligibility for students identified under this definition shall be from the fourth birthday through 20 years inclusive. 4.9Mental Disability: The degree of mental disability is defined as follows: Educable Mental Disability (EMD) - I.Q. 50-70, +5 points; Trainable Mental Disability (TMD) - I.Q. 35-50, +5 points; Severe Mental Disability (SMD) - I.Q. below 35. 4.9.1Eligibility Criteria for Mental Disability: The IEP team shall consider both the level of intellectual functioning and effectiveness of adaptive behavior, as measured by a licensed or certified school psychologist, in determining that a child has a mental disability and the degree of mental disability. 4.9.2The age of eligibility for children identified under the TMD, and SMD definition shall be from the third birthday through 20 years, inclusive. Children identified under the EMD definition shall be from the fourth birthday through 20 years inclusive. These children may be served at age 3 as having a developmental delay. 4.10Eligibility Criteria for Physical Impairments: Eligibility criteria for physical impairments include examples of orthopedic disabilities, but are not limited to: traumatic brain injury, cerebral palsy, muscular dystrophy, spina bifida, juvenile rheumatoid arthritis, amputation, arthrogryposis, or contractures caused by fractures or burns. Examples of health impairments include, but are not limited to: cancer, burns, asthma, heart conditions, sickle cell anemia, hemophilia, epilepsy, HIV/AIDS or medical fragility. 4.10.1A qualified physician shall document that a child has a physical impairment in order to be considered for special education and related services under the above definition. 4.10.2The IEP team shall consider the child’s need for special education and related services if the physical impairment substantially limits one or more major activities of daily living and the student has: 4.10.2.1Muscular or neuromuscular disability(ies) which significantly limit(s) the ability to communicate, move about, sit or manipulate the materials required for learning; or 4.10.2.2Skeletal deformities or other abnormalities which affect ambulation, posture and/or body use necessary for performing school work; or 4.10.2.3Similar disabilities which result in reduced efficiency in school work because of temporary or chronic lack of strength, vitality, or alertness. 4.10.3Determination by the IEP team of eligibility for services shall be based upon data obtained from: 4.10.3.1Medical records documenting the physical impairment are required, and current medical prescriptions such as O.T./P.T., medication, catheterization, tube feeding shall be included if available; 4.10.3.2Results from specialist team screening using appropriate measures which identify educational and related service needs, as well as environmental adjustments necessary. The team shall include, but not necessarily be limited to, an educator and physical or occupational therapist; and 4.10.3.3Prior program or school records if available; and when determined necessary, a speech/ language evaluation, adaptive behavior scale, vision or hearing screening, social history, and/or psychological evaluation. 4.10.4Age of Eligibility: The age of eligibility for children under this definition shall be from the third birthday through 20 years, inclusive. 4.9Eligibility Criteria for Mental Disability 4.9.1Eligibility Criteria for Mental Disability: In order for the IEP team to determine eligibility for special education services under the Mental Disability category, the following is required: 4.9.1.1A level of intellectual functioning, as indicated below: 4.9.1.1.1Educable Mental Disability: IQ 50-70 +/- 5 points; 4.9.1.1.2Trainable Mental Disability: IQ 35-50 +/-5 points; 4.9.1.1.3Severe Mental Disability: IQ below 35; and 4.9.1.2Significant limitations in two or more areas of adaptive behavior, including communication, self- care, home/school living, social/interpersonal, community use, self-direction/coping, health and safety, functional academics, leisure/play, and work. 4.9.2Assessment for both intellectual functioning and adaptive behavior shall be conducted by a licensed psychologist or certified school psychologist. 4.9.3Age of Eligibility: The age of eligibility for children identified as Trainable Mental Disability and Severe Mental Disability shall be from the third birthday through 20 years, inclusive. Children identified as Educable Mental Disability shall be from the fourth birthday through 20 years, inclusive. These children may be served at age 3, as having a Developmental Delay. 4.10Eligibility Criteria for Orthopedic Impairment: In order for an IEP team to determine eligibility for special education services under the orthopedic impairment category, the following is required: 4.10.1A qualified physician shall document that a child has an orthopedic impairment in order to be considered for special education and related services. 4.10.2The IEP team shall consider the child’s need for special education and related services if the orthopedic impairment substantially limits one or more major activities of daily living and the child has: 4.10.2.1Muscular or neuromuscular disability(ies) which significantly limit(s) the ability to communicate, move about, sit or manipulate the materials required for learning; or 4.10.2.2Skeletal deformities or other abnormalities which affect ambulation, posture, and/or body use necessary for performing [school work educational activities]. 4.10.3Determination by the IEP team of eligibility for services shall be based upon data obtained from: 4.10.3.1Medical records documenting the physical impairment (required) and current prescriptions (e.g., O.T., P.T., medications, etc., if available); 4.10.3.2Results from physical and occupational therapist screening(s) using appropriate measures which identify educational and related service needs, as well as environmental adjustments necessary; and 4.10.3.3Prior program or school records (if available), and, when determined necessary, a speech/ language evaluation, adaptive behavior scale, vision or hearing screening, social history and/or psychological evaluation. 4.10.4For purposes of initial eligibility or continued eligibility determination, at least one of the following, and as many as are appropriate for the child’s needs; physical therapist, occupational therapist, or nurse, shall be members of the IEP team. 4.10.5Age of Eligibility: The age of eligibility for children with orthopedic impairments shall be from the third birthday through 20 years, inclusive. Non-regulatory Note: For purposes of funding, children classified under the Orthopedic Impairment category will be counted as Physically Impaired in the Unit Count. 4.11Eligibility Criteria for Other Health Impairment: In order for an IEP team to determine eligibility for special education services under the Other Health Impairment category, the following is required: 4.11.1Documentation from a qualified physician that a child has a chronic or acute health problem. 4.11.2For ADD/ADHD, the above requirement and a school team of qualified evaluators that determine the child exhibits: 4.11.2.1Six (or more) of the following symptoms of inattention for at least six months, to a degree that is maladaptive and inconsistent with developmental level; 4.11.2.1.1Often fails to give close attention to details or makes careless mistakes in schoolwork, work, or other activities; 4.11.2.1.2Often has difficulty sustaining attention in tasks or play activities; 4.11.2.1.3Often does not seem to listen when spoken to directly; 4.11.2.1.4Often does not follow through on instructions and fails to finish schoolwork, chores, or duties in the work place (not due to oppositional behavior or failure to understand instructions); 4.11.2.1.5Often has difficulty organizing tasks and activities; 4.11.2.1.6Often avoids, dislikes, or is reluctant to engage in tasks that require sustained mental effort (such as school work or homework); 4.11.2.1.7Often loses things necessary for tasks or activities (e.g., toys, school assignments, pencils, books, or tools); 4.11.2.1.8Is often easily distracted by extraneous stimuli; 4.11.2.1.9Is often forgetful in daily activities; Or 4.11.2.2Six (or more) of the following symptoms of hyperactivity-impulsivity have persisted for at least six months to a degree that is maladaptive and inconsistent with developmental level: 4.11.2.2.1Often fidgets with hands or feet and squirms in seat; 4.11.2.2.2Often leaves seat in classroom or in other situations in which remaining seated is expected; 4.11.2.2.3Often runs about or climbs excessively in situations in which it is inappropriate (in adolescents or adults, may be limited to subjective feelings of restlessness); 4.11.2.2.4Often has difficulty laying or engaging in leisure activities quietly; 4.11.2.2.5Is often “on the go” or often acts as if “driven by a motor”; 4.11.2.2.6Often talks excessively; 4.11.2.2.7Often blurts out answers before questions have been completed; 4.11.2.2.8Often has difficulty waiting turn; 4.11.2.2.9Often interrupts or intrudes into conversations or games; and 4.11.2.3Some hyperactive-impulsive or inattentive symptoms that caused impairment were present before seven years of age; 4.11.2.4A clear pattern that is consistently manifested across a variety of people, tasks and settings, and that persists across a significant period of time; 4.11.2.5Clear evidence of clinically significant impairment in social, academic or occupational functioning; and 4.11.2.6The symptoms do not occur exclusively during the course of a pervasive developmental disorder, schizophrenia, or other psychotic disorder, and are not better accounted for by another mental disorder (e.g. mood disorder, anxiety disorder, dissociative disorder, or personality disorder). 4.11.3Determination by the IEP team of eligibility for services shall be based upon data obtained from: 4.11.3.1Written documentation from the formative intervention process used with the student (see section 2.3, p.11 “Referral to Instructional Support Team” above). The documentation shall include a clear statement of the student’s presenting problem(s); summary of diagnostic data collected, and the sources of that data; and summary of interventions implemented to resolve the presenting problem(s) and the effects of the interventions; and 4.11.3.2Medical records documenting the health impairment or, in the case of students with ADD/ ADHD, medical records documenting that a child has such health impairment and determination by a school team of qualified evaluators, or, in the case of re-evaluation, the IEP team, including the school psychologist, that the child exhibits the criteria listed in number 4.11.2 above. 4.11.4For purposes of initial eligibility or continued eligibility determination, the school psychologist and the school nurse shall be members of the IEP team. 4.11.5Age of Eligibility: The age of eligibility for children with Other Health Impairments shall be from the third birthday through 20 years, inclusive. Non-regulatory Note: For purposes of funding, children classified under the Other Health Impaired category will be counted as Physically Impaired in the Unit Count. 4.11 4.12Eligibility Criteria for Speech and/or Language Impairment Eligibility Criteria: In determining eligibility under the Speech and/or Language classification, the IEP team shall consider the results of an evaluation conducted by a licensed Speech-Language Pathologist which identifies one or more of the following conditions: an articulation disorder, a language disorder, dysfluent speech; and/or a voice disorder. 4.11.1 4.12.1The age of eligibility for children identified under this definition shall be from the fifth birthday through 20 years, inclusive, except where speech and/or language therapy is provided as a related service. In the latter instance, the age of eligibility shall correspond with that of the identified primary disability condition. 4.12 4.13Eligibility Criteria for Traumatic Brain Injury: A qualified physician must document that a child has a traumatic brain injury in order to be considered for special education and related services under the above definition. 4.12.1 4.13.1The IEP team shall consider the child’s need for special education and related services if the traumatic brain injury substantially limits one or more major activities of daily living. 4.12.2 4.13.2The age of eligibility for children under this definition shall be from the third birthday through 20 years, inclusive. 4.13 4.14Eligibility Criteria for Visual Impairment Eligibility Criteria 4.13.1 4.14.1Legally Blind shall be defined as a visual acuity of 20/200 or less in the better eye with best correction, or a peripheral field so contracted that the widest diameter of such field subtends less than 20 degrees. 4.13.2 4.14.2Partially Sighted shall be defined as a visual acuity between 20/70 and 20/200 in the better eye after best correction, or a disease of the eye or visual system that seriously affects visual function directly, not perceptually. A visual impairment may be accompanied by one or more additional disabilities, but does not include visual-perceptual or visual-motor dysfunction resulting solely from a learning disability. 4.13.3 4.14.3A licensed ophthalmologist or optometrist shall document that a child has a best, corrected visual acuity of 20/200 or less in the better eye, or a peripheral field so contracted that the widest diameter of such field subtends less than 20 degrees, legally blind, or a visual acuity of 20/70 or less in the better eye after all correction, partially sighted. 4.13.4 4.14.4The IEP team shall consider the documentation of visual impairment in addition to other information relevant to the child’s condition in determining eligibility for special education under the above definition. 4.13.5 4.14.5The age of eligibility for children identified under this definition shall be from birth through 20 years, inclusive. 4.14 4.15Eligibility Criteria for Preschool Speech Delay (3 and 4 year olds only) 4.14.1 4.15.1A speech disability is defined as a communication disorder/delay involving articulation, voice quality, and/or speech fluency to such a degree that it interferes with a child’s overall communicative performance. 4.14.2 4.15.2In order to determine a significant delay or disorder in this area, the child shall receive a speech and language evaluation conducted by a licensed Speech and Language Pathologist. 4.14.2.1 4.15.2.1A speech and language evaluation shall include assessment of articulation, receptive language and expressive language as measured by a standardized/norm-based instrument. It is strongly recommended that the evaluation include clinical observations and/or an assessment of oral motor functioning, voice quality and speech fluency. Results of the evaluation may identify a significant delay or disorder in one or more of the following areas: 4.14.2.1.1 4.15.2.1.1Articulation errors of sounds that are considered to be developmentally appropriate for the child’s age as measured by an articulation test, 4.14.2.1.2 4.15.2.1.2Conversational speech that is not developmentally appropriate for the child’s age as measured by a speech and language pathologist, 4.14.2.1.3 4.15.2.1.3Oral motor involvement which may affect the development of normal articulation, 4.14.2.1.4 4.15.2.1.4Speech Fluency, or 4.14.2.1.5 4.15.2.1.5Voice Quality 4.14.3 4.15.3Results of the evaluation may indicate a significant delay in receptive and/or expressive language which warrants further evaluation. In this event, the child is to be referred for a multidisciplinary evaluation to determine if he/she meets the eligibility criteria for developmental delay. 4.14.4 4.15.4The age of eligibility for preschool children identified under this definition shall be from the third birth date until the fifth birth date. 3 DE Reg. 1551 (5/1/00) 4 DE Reg. 470 (9/1/00) 5.0Individualized Education Program (IEP) An IEP shall be developed prior to delivery of services and within thirty (30) calendar days following the determination that a child is eligible for special education and related services. 5.1Transition Between Grades or Levels: During the annual review, the IEP team shall consider the needs of the child with a disability who is scheduled for a move. Communication with the staff of the receiving program shall occur to ensure that a child's transition between grades or levels does not endanger his/her receipt of a free appropriate public education. 5.2IEP of Transferring Students with Disabilities 5.2.1A child with a disability who transfers from one school district or other public agency educational program to another must be temporarily placed in an educational setting which appears to be most suited to the child's needs based on a decision mutually agreed upon by the parents and representative of the receiving school district or other public agency. 5.2.2The request for, and the forwarding of, records shall be in accordance with 29 Del. C. Ch. 5. 5.2.3A child's IEP from the sending school district or other public agency may be acceptable for temporary provision of special education services. The agreement shall be documented by the signatures of a parent and the receiving principal on a temporary placement form or the cover page of the IEP. 5.2.4A review of the IEP shall be instituted and completed within thirty (30) calendar days from the date of initial attendance of the child in the receiving agency, and sixty (60) calendar days for students transferring from out- of-state schools. The receiving school is responsible for ensuring that all requirements concerning evaluation, IEP development, placement, and procedural safeguards shall be applied in determining the provision of special education and related services for transferring children. 5.3IEP Team: Participants at an IEP meeting shall be collectively identified as the IEP Team. 5.3.1The agency representative must have the authority to commit agency resources and be able to ensure that whatever services are set out in the IEP will actually be provided. 5.3.2When possible participation in a Cooperative Education Program or a Diversified Occupations Program is to be discussed, the Career Technical Teacher Coordinator shall attend the IEP meeting as per 14 DE Admin. Code 525. 5.3.2 5.3.3The district shall notify parents of the IEP meeting no less than ten (10) business days prior to the meeting (unless mutually agreed otherwise) to ensure that they have the opportunity to attend, and no less than three (3) business days for removal due to disciplinary action. See 12.0 Disciplinary Procedures. 5.4Content of the Individualized Education Program: Each child who is determined to be eligible for special education and related services shall have a single IEP. 5.4.1The Primary IEP form found in The Administrative Manual for Special Education Services (AMSES) (Appendix A) shall be used for students beginning with preschool (age 3), until use of the Secondary IEP form. The Secondary IEP form found in The Administrative Manual for Special Education Services (AMSES) (Appendix A) shall be used beginning in the eighth grade, or earlier, if the IEP team agrees. 5.4.2The requirement that the local education agencies and other agencies use the forms found in The Administrative Manual for Special Education Services (AMSES) (Appendix A) does not prohibit or prevent an IEP team from including on an IEP any information, service or other notation the team determines necessary to provide Free Appropriate Public Education (FAPE) to any individual child with a disability. 5.4.1 5.4.3The IEP shall designate whether or not it is necessary to place the child who is transported from school by bus into the charge of a parent or other authorized responsible person. 5.4.2 5.4.4By the middle of the eighth grade, the IEP shall include plans to determine the child’s interests/ preferences, and to make application to high school and vocational education programs. Full transition services planning will apply by the end of the ninth grade or prior to the child’s 15th birthday, whichever comes first, unless determined appropriate at a younger age by the IEP Tteam. 5.5Monitoring IEPs: As part of the on-going responsibility for the monitoring and evaluation of programs to determine compliance with state and federal requirements, the school district and/or other public agency shall review the IEPs of children with disabilities to determine that their content is consistent with requirements of these regulations. Documentation of monitoring efforts shall be maintained by the school district and/or other public agencies. 5.6Need for Extended School Year Services: Full consideration must be given to the educational needs of each child. The following factors are to be considered by the IEP team in making a decision that, without extended school year services over the summer months, the child would not receive a fFree aAppropriate pPublic eEducation (FAPE) during the regular school year. 5.6.1Degree of Impairment: The team should determine whether, without extended school year services, appropriate and meaningful progress on IEP goals and objectives will not be achieved, given the nature and/or severity of the child's disability. 5.6.2Regression/recoupment: Regression refers to a decline in skills specified on the IEP which results from an interruption in programming. Recoupment period is the amount of time required to relearn the skills following the interruption. In making a determination as to whether extended school year services are required, the team should consider that this criterion focuses on students who have a consistent pattern of substantial regression in critical skill areas and for whom the amount of time needed to relearn the skills becomes so significant as to preclude educational progress. The team may utilize predictive data for children in their initial year of programming. 5.6.3Breakthrough opportunities: The team should determine whether, without extended school year services, the attainment of a nearly acquired critical skill would be significantly jeopardized over the summer break. 5.6.4Vocational: For children ages 16-20 whose IEPs contain vocational/employment goals and objectives, the team should determine whether paid employment opportunities will be significantly jeopardized if training and job coaching are not provided during the summer break. 5.6.5Other rare and unusual extenuating circumstances: The team should determine whether any special or extenuating circumstances exist which justify provision of extended school year services to meet FAPE requirements. 5.6.6Extended school year services are to be based on needs and goals/objectives found within the child's IEP of the school year, though activities may be different. 5.6.7This regulation does not diminish a child's entitlement to participate, with or without accommodations, in summer school programs provided by local school districts. Normally scheduled summer school programs may be an option for providing extended school year services if such programs can meet the individual needs of each child, per his/her IEP. 5.6.8The decision of the setting for the delivery of extended school year services shall be an IEP team decision. The team shall document that the Least Restrictive Environment (LRE) was considered in making a decision. Districts are not required to establish school programs for non-disabled students for the sole purpose of satisfying the LRE requirements for students receiving extended school year services. 5.6.9Transportation shall be provided to students except for service provided in the home or hospital. Mileage reimbursement to the family may be used as a transportation option if the parent voluntarily transports the student. 5.6.10Written notice shall be provided to parents advising them that extended school year services will be discussed at the IEP meeting. The IEP team shall document that extended school year services were considered, and indicate the basis for a decision on the IEP. In cases where parents do not attend the IEP meeting, they would be advised of the decision on extended school year services through the usual IEP follow-up procedures used by the district. 5.6.11In cases where parents do not agree with the decision on extended school year services, the use of normal procedural safeguards shall be followed. The process shall begin early enough to ensure settlement of the issue prior to the end of the school year. 3 DE Reg. 1551 (5/1/00) 21.0Special Programs for Children with Autism: 21.1Definitions of terms applicable only to special programs for children with autism. [21.1.1]“Behavior Management Procedure” means any procedure used to modify the rate or form of a target behavior. [21.1.2]“Behavior Management Target” means any child’s behavior that either causes or is likely to cause (a) injury to the child (e.g., self-abuse), (b) injury to another person (e.g., aggression), (c) damage to property, (d) a significant reduction in the child’s actual or anticipated rate of learning (e.g., self-stimulation, non-compliance, etc.) or (e) a significant reduction in the societal acceptability of a child (e.g., public masturbation, public disrobing, etc.). [21.1.3]“Emergency Intervention Procedure” means any procedure used to modify episodic dangerous behavior (e.g., self-injurious behaviors, physical aggression property destruction) identified in a behavioral intervention plan. [21.1.4]“Ethical Use” means the application of a procedure in a manner that is consistent with current community values and protects all of a child’s rights. [21.1.5]“Informed Consent” means knowing and voluntary consent by the parent(s), based upon a thorough explanation by the program staff member supervising the individualized Behavior Management procedure, of the nature of the procedure, the possible alternative procedures, the expected behavior outcomes, the possible side effects (positive and negative), the risks and discomforts that may be involved, and the right to revoke the Procedure at any time. [21.1.6]“Least Restrictive Procedure” means that behavior management procedure which is the least intrusive into, and least disruptive of, the child’s life, and that represents the least departure from normal patterns of living that can be effective in meeting the child’s educational needs. [21.1.7]“School” means any public school or program (special education or otherwise), which has enrolled a child classified with autism. [21.1.8]“Accepted Clinical Practice” means any behavior management procedure or treatment, the effectiveness of which has received clear empirical support as documented by publication in peer-reviewed journals or similar professional literature. 21.2Reserved.The Statewide Monitoring Review Board (SMRB) shall be generally administered by the Director for State Services for Children with Autism and the Director of the Exceptional Children and Early Childhood Education Group, Department of Education. 21.2.1The purpose of the SMRB is to define research-based best educational practices for students with autism served in approved programs in Delaware. This includes reviewing and making recommendations to the Secretary of Education regarding the special education and related services for children with autism in approved programs, including programs for students with autism whose placement in private facilities has been authorized by the Department of Education. 21.2.2The SMRB shall consist of the following members: 21.2.2.1Director for State Services for Children with Autism. 21.2.2.2Director of the Exceptional Children and Early Childhood Education Group, or designee. 21.2.2.3One administrator from each LEA/ charter school with an approved program for students with autism, or their designee. The administrator or designee must have experience in, and responsibility for, the program for students with autism. 21.2.2.4One non-administrative experienced professional from each approved program for students with autism. These individuals are nominated by the administrator responsible for the approved program and are subject to the approval of the Director for State Services for Children with Autism. 21.2.2.5Two non-voting public representatives nominated annually by the Statewide Parent Advisory Committee. These individuals must not have a child currently served in an approved program. 21.2.3The SMRB shall operate under the following procedures: 21.2.3.1The Director of State Services for Children with Autism shall serve as the Chairperson of the Board. 21.2.3.2A majority of the voting members of the board shall constitute a quorum. 21.2.3.3Decisions of the Board shall be determined by a majority vote of the quorum. 21.2.3.4The chairperson shall set mutually agreeable times and places for meetings, which shall be scheduled at least five times per year, contingent upon agenda items. 21.2.3.5The SMRB shall discharge its responsibilities in accordance with the IDEA and the Administrative Manual for Special Education Services (AMSES). 21.2.3.6The SMRB shall function in an advisory capacity and the procedural safeguards guaranteed to students with autism, their parents (as defined under IDEA), and local school districts, charter schools, or agencies, shall not be diminished by the activities of the SMRB. 21.2.4The SMRB has the following responsibilities: 21.2.4.1To determine which educational methods and curricula are consistent with research-based best practices for students with autism. This includes reviewing and making recommendations regarding proposed new practices. 21.2.4.1.1Requests for review of practices may be submitted to the SMRB by SMRB members, the Secretary of Education, the State Parent Advisory Committee, Superintendents of LEAs, or Chief Administrators of Charter Schools. 21.2.4.1.2If the party making the request for review disagrees with the recommendation of the SMRB regarding best educational practices, they may request the Secretary of Education appoint an independent expert to review the practice. [The procedural safeguards guaranteed to students with autism, their parents (as defined under IDEA) and local school districts, charter schools or agencies, shall not be diminished by any recommendations of an independent expert appointed by the Secretary.] 21.2.4.2To review, at least annually, educational programming and aggregated performance data for students with autism in approved programs in Delaware. 21.2.4.3To make recommendations based on this review regarding appropriate strategies, supports, services, and professional development necessary to ensure the implementation of research-based best educational practices with respect to the evaluation and educational programming for students with autism. 21.2.4.4To assist LEAs /charter schools with approved programs in developing and implementing plans to address the recommendations of the SMRB. 21.2.4.5To submit an Annual Report by September 1 of each year to the Secretary, Department of Education, [and the President of] the State Board of Education. [and The Governor’s Advisory Council for Exceptional Citizens as the IDEA authorized advisory panel.] 21.3A Parent Advisory Committee (PAC) shall be established by each local education agency operating a center for the Delaware Autistic Program. 21.3.1The function of the PAC shall be to advise the local education agency on matters pertaining to the local center. 21.3.2Each PAC shall meet no less than four times each year and must be representative of the age groups of children with autism served by the local center. 21.3.3When a local education agency operates a residential program, at least one member of the PAC shall be a parent of a child with autism served in the residential program associated with that center. 21.4A Statewide Parent Advisory Committee (SPAC) shall be established whose membership shall consist of one representative elected annually from each local education agency PAC. 21.4.1The SPAC shall meet no less than four times each year with the Director of DAP advising on matters pertaining to the program. 21.4.2The establishment of bylaws for the SPAC shall be by vote of all of its eligible members. 21.4.3A current statewide membership list shall be provided to all parents. 21.4.4Reimbursement for travel expenses shall be available to members of the Statewide Parent Advisory Committee (SPAC). 21.5A Peer Review Committee (PRC) shall be established by the Director of the Delaware Autism Program (DAP) and the Department of Education in consultation with the Statewide Monitoring Review Board (SMRB). 21.5.1Purpose: The purpose of the PRC shall be to review, in light of accepted clinical practice, the professional and clinical issues involved in the use of behavior management procedures to ensure their appropriate use by the staff of a school district serving children with autism. 21.5.2Composition: The PRC shall consist of three to five members who shall be competent, knowledgeable professionals with at least three years of post-doctoral experience in the theory and ethical application of behavior management procedures. Membership shall be external to the Delaware Autism Program (DAP), the Department of Education, any Delaware school district, and any other State agency or department, excluding State institutions of higher education. Members shall not belong to any in-State committee, council, board or program that deals directly with children with autism. 21.5.3Operation: The PRC shall elect a chairperson and shall adopt a set of rules to guide its operation. A copy of these rules shall be provided to the Department of Education and the Director of the DAP. 21.5.4Peer Review Committee (PRC) Responsibilities 21.5.4.1The PRC shall meet at least every three months to review those behavior management procedures requiring after-the-fact examination. (See Section 21.7.1) 21.5.4.1.1A quorum shall consist of a majority of the Committee. 21.5.4.1.2The PRC chairperson shall announce the dates of review at least one month prior to the review date. 21.5.4.2The PRC shall meet at least six (6) times per year to review procedures requiring prior, case-by- case review that have been granted interim or on-going approval. The monthly review shall continue until said procedure has been discontinued or the PRC votes otherwise. This review may be held jointly with HRC. 21.5.4.3The PRC chairperson shall invite staff members of DAP responsible for implementation of behavior management procedures, the Director of DAP, or any other individual (e.g., a consultant to ensure expertise in a specific behavior management procedure under review) to participate as needed in a non-voting capacity. 21.5.4.4The PRC shall provide technical assistance when requested by the Program Director to develop a behavior management procedure for children engaged in behaviors that pose a significant health risk to the child or others, a significant risk of damage to property, and/ or a significant reduction of learning. 21.5.4.5The PRC shall review and evaluate the training and supervision for the staff that will carry out all behavior management procedures requiring prior, individual review and may evaluate the training of staff carrying out procedures requiring after-the- fact review. 21.5.4.5.1The PRC shall provide the Program Director with written comments and recommendations concerning the findings of this review. 21.5.4.6The PRC shall keep written minutes of all its meetings and shall submit them to the Director of DAP, the Department of Education and the HRC chairperson. 21.5.4.6.1These minutes shall be submitted within two weeks of each meeting. 21.5.4.6.2An oral summary of the PRC recommendations shall be made within twenty-four hours following the PRC meeting to the Director of DAP and the HRC chairperson. 21.6A Human Rights Committee (HRC) shall be established by the Director of the DAP and the Department of Education in consultation with the Statewide Autistic Program Monitoring Review Board. 21.6.1Purpose: The purpose of the HRC shall be to review the ethical and children rights issues involved in the use of behavior management procedures to ensure their humane and proper application. 21.6.2Composition: The HRC shall consist of five to ten members representing various occupations, who are not employees or relatives of children enrolled in the DAP, who are not employees of the Department of Education, and who are not members of any in-State organization, agency, or program that deals directly with children with autism. No member of the HRC shall be a member of the PRC. 21.6.3Operation: The HRC shall elect a chairperson and shall adopt a set of rules to guide its operation. A copy of these rules shall be provided to the Department of Education and the Director of the DAP. 21.6.4Human Rights Committee Responsibilities 21.6.4.1Whenever a school proposed to use a behavior management procedure requiring review prior to implementation, the HRC shall meet and review the proposed use of the behavior management procedure. This review shall occur within seven days after the PRC chairperson informs the HRC chairperson of PRC’s recommendations. 21.6.4.1.1A quorum shall consist of a majority of the Committee. 21.6.4.1.2This review, however, may be held jointly with the PRC. 21.6.4.2The HRC chairperson shall invite staff members who are responsible for the implementation of behavior management procedures, the Director of DAP, or any other individual (e.g., consultant, parent) to participate as needed in a non-voting capacity. 21.6.4.3The HRC shall develop a written form to be used to ensure that informed parental consent is obtained before implementation of specified behavior management procedures. 21.6.4.4The HRC shall keep written minutes of all its meetings and shall submit them to the Director of DAP, the Director, Exceptional Children Group, and the PRC chairperson. 21.6.4.4.1These minutes shall be submitted within two weeks of each meeting. 21.6.4.4.2An oral summary of the HRC recommendations shall be made within twenty-four hours following the HRC meeting to the Director of DAP and the PRC chairperson. 21.7Joint responsibilities of the Peer Review and Human Rights Committees are as follows: 21.7.1Issue a written statement indicating which behavior management procedure(s) shall be recommended for use: 21.7.1.1Without further PRC/HRC review during the year approved; 21.7.1.2Without a case-by-case PRC/HRC review but with after-the- fact review (timelines to be established by the PRC); or 21.7.1.3Only with prior case-by-case PRC and HRC (before-the-fact) review; 21.7.2Recommend written modifications, if necessary, of behavior management procedures along with accompanying rationale; 21.7.3Review a school’s proposed Emergency Intervention Procedures for children with autism and issue a written statement indicating which Emergency Intervention Procedures shall be recommended: 21.7.3.1For use without after-the-fact reporting to the PRC/HRC; or 21.7.3.2For use with after-the-fact reporting to the PRC/HRC; 21.7.4Issue an advisory, not mandatory, statement presenting a recommended hierarchy of reviewed behavior management procedures according to the Least Restrictive Procedure principle. 21.7.4.1Notice shall be given to parents of children with autism in the program of the availability upon request, and at no cost to parents, of copies of the reviewed behavior management procedures. 21.7.4.2A copy shall also be forwarded to the Governor’s Advisory Council for Exceptional Citizens. 21.7.5The PRC chairperson, in cooperation with the HRC chairperson, shall announce the joint PRC/ HRC annual review at least one month prior to the review date. 21.7.5.1At the discretion of either chairperson, Committees may meet jointly or separately to conduct before-the-fact and after-the-fact reviews. 21.7.6Approve, before-the-fact, the housing of children under age twelve with a child over age sixteen in a community-based residential program for children with autism operated by a school district designated and approved by the Secretary of Education as the administering agency for the DAP. 21.7.7Review, within 30 days of the granting of interim approval, any request by a school for the immediate implementation of a behavior management procedure requiring prior, case- by-case review. 21.7.7.1Immediate implementation of a proposed procedure may occur after the Program Director has obtained unanimous interim approval from one PRC member and two HRC members. 21.7.7.2Proposed prior review procedures not requiring immediate implementation shall be submitted by a school directly to PRC and HRC chairperson to be reviewed within two weeks of submission of the proposal. 21.7.8Have access to the educational records of any child with autism for purposes of 21.5.1 and 21.6.1 of this section. 21.7.8.1A quorum of a joint meeting shall consist of a majority of combined membership. 21.7.9Submit written Procedural Descriptions for Behavior Management and Emergency Interventions 21.7.9.1Prior to utilizing a behavior management procedure or an emergency intervention procedure for a particular child with autism, a school shall submit written procedural descriptions for at least annual joint review by the PRC and HRC. 21.7.9.1.1The annual date of review shall be announced by the HRC chairperson at least one month prior to the review date. 21.7.9.1.2The school shall submit written procedural descriptions at least two weeks prior to the joint annual review date to the PRC and HRC chairpersons. 21.7.9.1.3The written descriptions shall contain information determined by PRC and HRC and set forth in their operating rules. 21.7.9.1.4PRC and HRC may request pertinent information needed for the completion of reviews. 21.7.9.2After reviewing each behavior management and emergency procedure, the PRC and HRC shall indicate what kind of review each procedure requires (annual, after-the-fact, or prior case-by-case review). A school serving children with autism shall then submit proposals in accordance with PRC/HRC recommendations. 21.7.9.3Behavior management and emergency intervention procedures that require annual review only may then be implemented by a school without further PRC/HRC review until the next annual joint review. A school shall require that the use of these procedures be indicated in a child’s IEP. 21.7.9.4Behavior management and emergency intervention procedures that require after-the-fact review only shall be used by a school without case-by-case review, but shall be reported after the fact to the PRC by dates specified by the Committee chairperson. 21.7.9.4.1The school shall submit written records as set forth in PRC and HRC operating rules, or any other relevant information requested by either Committee, to the PRC chairperson at least one week prior to the review date. 21.7.9.5Behavior management procedures that require prior case-by- case review shall be submitted to the PRC and HRC for joint review prior to implementation. 21.7.9.5.1If the PRC and HRC decide not to review the case jointly, the PRC shall first review the proposal. 21.7.9.5.2The proposal shall contain information determined by PRC and HRC and set forth in their operating rules. 21.7.9.5.3Recommendations and rationale for the decision shall be provided whenever the PRC fails to recommend use of a proposed procedure. 21.7.9.6Following the PRC recommendation (or following joint PRC/HRC approval), written informed parental consent shall be obtained by the school. 21.7.9.6.1If an interim consent is obtained by telephone, then two witnesses to the content of the conversation shall sign a form certifying that the parent(s) gave informed consent. The school must then obtain written verification of this consent from the parent(s). 21.7.9.6.2Parents may withdraw consent at any time; if said withdrawal is done verbally in person or by telephone, the parent shall provide written verification of withdrawal within 10 days of the initial notice. 21.7.9.7Whenever the PRC and HRC choose not to meet jointly, the information provided by a school shall be submitted to the HRC along with the PRC’s recommendations. 21.7.9.7.1Recommendations and rationale for the decision shall be provided whenever the HRC fails to recommend the use of a proposed procedure. 21.7.9.7.2Whenever a proposal is recommended for implementation, an IEP objective shall be developed relating to the behavior management target and the proposed procedure. 21.7.9.8Whenever the PRC or HRC fail to recommend or modify the proposed procedure, the parent(s) shall be notified by the school. 21.7.9.8.1If the procedure is to be modified, informed written consent shall be obtained from the parents. 21.7.9.9The school staff responsible for implementing the behavior management procedure shall provide written reports to the PRC and HRC, summarizing the records (which shall be kept on a daily basis) on the use and results obtained by implementing the procedure. 21.7.9.9.1Records shall be kept in an objective, quantitative form, permitting easy evaluation of child data. 21.7.9.9.2The PRC and HRC shall have unrestricted access to all data, records, and reports relating to the behavior management procedures used. 21.7.9.10Any behavior management or emergency intervention procedure that is developed by a school after the joint annual review date for a particular school year shall be submitted to the PRC and HRC chairpersons for joint review prior to any implementation of the new procedure, unless interim approval has been recommended as described in 21.7.7. 21.8Private facilities serving autistic children shall have Peer Review and Human Rights Committee policies as follows: 21.8.1Private facilities serving children with autism located in Delaware shall have Peer Review Committee and Human Rights Committee policies that comply with DELACARE standards (requirements for Residential Child Care Facilities, Department of Services for Children, Youth and their Families). 21.8.2Private facilities serving Delaware children with autism located in other states shall comply with the Peer Review Committee and Human Rights Committee policies used by the state in which the facility is located. 21.8.2.1Said policies shall be reviewed by Delaware’s Department of Education to determine that they grant protection substantially equivalent to that provided by Delaware for children prior to any recommendation of approval for private placement by the State Board of Education. 21.8.3Private facilities serving Delaware children with autism located in states which have no Peer Review Committee and Human Rights Committee policies shall have written Peer Review and Human Rights Committee policies that shall be reviewed by Delaware’s Department of Education in consultation with Delaware’s PRC, to determine that they grant protection substantially equivalent to that provided by Delaware for children, prior to any recommendation of approval for private placement by the Secretary of Education. 21.8.4Private facilities serving Delaware children with autism located in states which require substituted judgment or other court order for the use of aversive or related restrictive procedures, and which have obtained such an order for each Delaware child, shall be deemed to have met the peer review and human rights requirements of this section. 21.9Whenever psychotropic medication has been prescribed by a physician and appears to affect adversely the educational program of a child with autism, the administrator of the center shall contact the parent and request a medication review with the parent and physician. 21.10Appropriate liaison with the Department of Health and Social Services and other agencies shall be established by the Director of DAP and the Department of Education. 3 DE Reg. 1709 (6/1/00) * PLEASE NOTE: AS THE REST OF THE SECTIONS WERE NOT AMENDED THEY ARE NOT BEING PUBLISHED. THE COMPLETE REGULATION CAN BE FOUND AT: http:// www.state.de.us/research/AdminCode/title14 14 DE Admin. Code 1554 REGULATORY IMPLEMENTING ORDER 1554 Standard Certificate Reading Specialist I. Summary Of The Evidence And Information Submitted The Professional Standards Board, acting in cooperation and consultation with the Department of Education, seeks the consent of the State Board of Education to amend 14 DE Admin. Code 1554 Standard Certificate Reading Specialist. This regulation applies to the certification of educational personnel pursuant to 14 Del.C. §1220(a). It is necessary to amend this regulation to clarify to which educators this regulation applies. Notice of the proposed amendment of the regulation was published in the News Journal and the Delaware State News on August 25, 2004, in the form hereto attached as Exhibit “A”. The notice invited written comments. Written comments were received from the State Council for Persons with Disabilities concerning access to this certificate by all educators, which the language addresses. Verbal comments resulted in some clarification of sections and reformatting and renumbering of items. II. Findings Of Facts The Professional Standards Board and the State Board of Education find that it is appropriate to adopt this regulation to comply with changes in statute regarding the licensure and certification of educators. III. Decision To Adopt The Regulation For the foregoing reasons, the Professional Standards Board and the State Board of Education conclude that it is appropriate to amend the regulation. Therefore, pursuant to 14 Del.C. §1205(b), the regulation attached hereto as Exhibit “B” is hereby adopted. Pursuant to the provision of 14 Del.C. §122(e), the regulation 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 the regulation amended shall be in the form attached hereto as Exhibit “B”, and said regulation shall be cited as 14 DE Admin. Code 1554 of the Administrative Code of Regulations of the Department of Education. V. Effective Date Of Order The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations. APPROVED BY THE PROFESSIONAL STANDARDS BOARD THE 4TH DAY OF NOVEMBER, 2004 Harold Roberts, ChairBruce Harter Sharon BrittinghamValerie Hoffmann Norman BrownLeslie Holden Heath ChasanovCarla Lawson Edward CzerwinskiMary Mirabeau Angela DunmoreGretchen Pikus Karen GordonKaren Schilling Ross Barbara GroggCarol Vukelich FOR IMPLEMENTATION BY THE DEPARTMENT OF EDUCATION: Valerie A. Woodruff, Secretary of Education IT IS SO ORDERED This 18th Day Of November, 2004 STATE BOARD OF EDUCATION Dr. Joseph A. Pika, President Jean W. Allen, Vice President Richard M. Farmer, Jr. Mary B. Graham, Esquire Valarie Pepper Dennis J. Savage Dr. Claibourne D. Smith 1.0Content: This regulation shall apply to the requirements for a Standard Certificate, pursuant to 14 Del.C. §1220(a), for Reading Specialist. 2.0Definitions: The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: “Department” means the Delaware Department of Education. “License” means a credential which authorizes the holder to engage in the practice for which the license is issued. “Reading Specialist” means an educator who provides one-on-one or small group, diagnostic, prescriptive teaching of reading, and includes, [but is not limited to,] Title I reading teachers, reading resource teachers, [Reading First teachers reading teachers as specified in SB 320, Epilogue 358, and educators who work with teachers in reading and communication skills, includeing, but not limited to literarcy coaches] and coordinators, and individuals employed as building or district coordinators [or reading or in Reading] Cadre [positions. of reading who work with teachers in reading and communication skills.] “Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill, and/or education to practice in a particular area, teach a particular subject, or teach a category of students. 3.0In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as a Reading Specialist to an applicant who holds a valid Delaware Initial, Continuing, or Advanced License; or Standard or Professional Status Certificate issued by the Department prior to August 31, 2003, and who meets the following requirements: 3.1[Degree Educational requirements.] 3.1.1[Graduating A master’s degree] from an NCATE specialty organization recognized educator preparation program offered by a regionally accredited college or university, [with a major] in [a program for] Reading [Specialists]; or 3.1.2[Graduating A master’s degree] from a state approved educator preparation program [for Reading Specialists] offered by a regionally accredited college or university, [with a major in Reading] where the state approval body employed the appropriate [NASDTEC or] NCATE specialty organization standards; or 3.1.1 3.1.3[A] Master's degree [in any area (or a Bachelor's degree plus 30 graduate credits)] from a regionally accredited college or university and, [completion of the course work set forth in 3.1.4.1 and 3.1.4.2; or] [3.1.4 A Bachelors’s degree plus 30 graduate credits; and] 3.3 Specialized Professional Preparation 3.1.[34].1 3.3.1 Minimum of 24 semester hour credits in graduate level reading courses covering the following content areas as specified below unless otherwise specified: 3.1.[34].1.1 3.3.1.1 Language Development, , 3 semester hours; 3.1.[34].1.2 3.3.1.2 Methods in Process Writing/Language Arts, 3 semester hours; 3.1.[34].1.3 3.3.1.3 Assessment and Correction of Reading Difficulties, 6 semester hours; 3.1.[34].1.4 3.3.1.4 Practicum in Reading to include application of assessment and correction strategies, parent involvement strategies, and experience in working as a reading resource person with staff, 6 semester hours; 3.1.[34].1.5 3.3.1.5 Reading in the Content Areas, 3 semester hours; 3.1.[34].1.6 3.3.1.6 Children's or Adolescent Literature Across the Curriculum, 3 semester hours; and 3.1.[34.2.1.7] 3.3.2 Minimum of three graduate semester hours from among the following: Seminar in Reading Research, Emergent Literacy, Teaching English as a Second Language or Children's or Adolescent Literature. 3.2Experience 3.2.1Minimum of three years of successful teaching experience with at least two years in the K-12 classroom and, 3.3 Specialized Professional Preparation 3.3.1Minimum of 21 semester hour credits in graduate level reading courses unless otherwise specified: 3.3.1.1Language Development, graduate or undergraduate, 3 semester hours 3.3.1.2Methods in Process Writing/Language Arts, 3 semester hours 3.3.1.3Assessment and Correction of Reading Difficulties, 6 semester hours. 3.3.1.4Practicum in Reading to include application of assessment and correction strategies, parent involvement strategies, and experience in working as a reading resource person with staff, 3 semester hours. 3.3.1.5Reading in the Content Areas, graduate or undergraduate, 3 semester hours. 3.3.1.6Children's or Adolescent Literature Across the Curriculum, 3 semester hours. 3.3.2Minimum of three graduate semester hours from among the following: Seminar in Reading Research, Emergent Literacy, Teaching English as a Second Language or Children's or Adolescent Literature. 4.0This regulation shall be effective through June 30, 2006 only. Applicants who apply for a Standard Certificate as a Reading Specialist after that date must comply with the requirements set forth in 14 DE Admin. Code 1516. This regulation shall be effective immediately. Notwithstanding this provision, Reading Specialists [,as defined in 2.0,] hired prior to July 1, 2006, who do not currently meet the requirements set forth herein, but who hold an Initial, Continuing or Advanced License; or a [Standard or] Professional Status Certificate issued prior to August 31, 2003, may be issued a Standard Certificate as a Reading Specialist contingent on their completion of the requirements set forth herein within three (3) years of the effective date of this regulation or their date of employment in the position of Reading Specialist, whichever is later. DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF SOCIAL SERVICES Statutory Authority: 31 Delaware Code, Chapter 5, Section 512 (31 Del.C. §512) ORDER Nature Of The Proceedings: Delaware Health and Social Services (“Department”) / Division of Social Services initiated proceedings to amend the Division of Social Services Manual (DSSM) as it relates to the Food Stamp Program. The Department’s proceedings to amend its regulations were initiated pursuant to 29 Delaware Code Section 10114 and its authority as prescribed by 31 Delaware Code Section 512. The Department published its notice of proposed regulation changes pursuant to 29 Delaware Code Section 10115 in the October 2004 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by October 31, 2004 at which time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations. Summary Of Proposed Changes Previous regulations required States to impose voluntary quit sanctions only on active individuals. When an individual was not getting benefits, States had to wait until the individual reapplied for benefits to impose the sanction. The regulations were changed to allow States to impose voluntary quit sanctions even if the household’s certification had ended and the household did not reapply for benefits. This means the sanctions can be applied while the case is closed. Citation 7 CFR 273.7(j): Certification of Eligible Households – Work Provisions – Voluntary Quit and Reduction of Work Effort Summary Of Comments Received With Agency Response The Governor’s Advisory Council for Exceptional Citizens (GACEC) and the State Council for Persons with Disabilities (SCPD) endorse the proposed regulation based upon the following observations summarized below. As background, Federal regulations require states to disqualify Food Stamp applicants and beneficiaries who voluntarily quit employment (or reduce employment) without good cause. We understand that each state may adopt a period of ineligibility between 30 and 60 days. Under the repealed regulation, beneficiaries who withdrew from the program prior to imposition of the sanction would have the sanction applied upon reapplication. Under the new regulation, a “voluntary quit” during the last month of certification results in application of the 60-day disqualification period effective with the end of the last certification period. This is actually a more favorable result for consumers. The sanction period will often run out prior to application rather than “waiting” for the consumer to reapply. Agency Response: Thank you for the endorsement. Findings Of Fact The Department finds that the proposed changes as set forth in the October 2004 Register of Regulations should be adopted. THEREFORE, IT IS ORDERED, that the proposed regulation to amend the Food Stamp Program is adopted and shall be final effective December 10, 2004. Vincent P. Meconi, Secretary, DHSS, 11/15/2004 REVISIONS: 9026 Voluntary Quit [273.7(n)] No individual who voluntarily quit his/her most recent job or reduced work hours to less than 30 hours per week, without good cause will be eligible to participate in the Food Stamp Program as specified below. At the time of application, explain to the applicant the consequences of the individual quitting his or her job without good cause. 9026.1Application Processing 1)When a household files an application for participation or when a participating household reports the loss of a source of income, determine whether any household member voluntarily quit a job. Benefits will not be delayed beyond the normal processing times specified in DSSM 9028 pending the outcome of this determination. This provision applies only if the employment involved 30 hours or more per week or provided weekly earnings at least equivalent to the Federal minimum wage multiplied by 30 hours; the quit occurred within 60 days prior to the date of application or anytime thereafter; and the quit was without good cause. Changes in employment status that result from reducing hours of employment while working for the same employer, terminating a self employment enterprise or resigning from a job at the demand of the employer will not be considered as a voluntary quit for the purpose of this subsection. An employee of the Federal Government or of a state or local government, who participates in a strike against such government and is dismissed from his or her job because of participation in the strike, will be considered to have voluntarily quit a job without good cause. 2)In the case of an applicant household, determine whether any currently unemployed (i.e., employed less than 30 hours per week or receiving less than weekly earnings equivalent to the Federal minimum wage multiplied by 30 hours) household member who is required to register for work has voluntarily quit his or her most recent job within the last 60 days. If DSS learns that a household has lost a source of income after the date of application but before the household is certified, determine whether a voluntary quit occurred. 3)In the case of a participating household, determine whether any household member voluntarily quit his or her job or reduced work his or her hours, while participating in the Program. 4)If the determination of voluntary quit is established, determine if that member is the head of the household per DSSM 9014 or another household member. 5)Upon a determination that the head of household/individual voluntarily quit employment, determine if the voluntary quit was with good cause as defined in DSSM 9026.3. In the case of an applicant household, if the voluntary quit was without good cause, the household's application for participation will be denied and the appropriate period of ineligibility imposed per DSSM 9021.2. Provide the applicant household with a notice of denial informing the household of the following items: •The proposed disqualification period, •Its right to reapply at the end of the period of ineligibility, •Its right to a fair hearing. If DSS determines that the head of a participating household/individual voluntarily quit his/her job or reduced his/her work hours while participating in the program or discovers a quit or reduction of work hours which occurred within sixty (60) days prior to application or between application and certification, provide a notice of adverse action within ten (10) days after the determination of a voluntary quit is made. The notification must contain the proposed period of ineligibility and must specify that the household may reapply at the end of the sanction. The periods of ineligibility are imposed according to DSSM 9021.2, and is effective upon the issuance of the notice of denial. For those households which leave the program before the sanction can be levied, do not impose the sanction until the household returns to the program. If a voluntary quit or reduction in work effort occurs in the last month of a certification period, or it is determined in the last 30 days of the certification period, the individual must be denied recertification for a period equal to the appropriate mandatory disqualification period. The beginning of the disqualification starts with the first day after the last certification period ends and continues for the length of the disqualification period, regardless of whether the individual reapplies for food stamps. Example: It is determined that a participating individual quit his job without good cause in the last month of the certification period. The individual does not reapply for benefits. The individual is disqualified for three months starting with the first day after the certification period ended. •If the individual reapplies before the three month period has ended, the individual is denied benefits due to the voluntary quit sanction. •If the individual reapplies after the three month period has ended, the disqualification period has been served and eligibility can be determined. Each household has a right to a fair hearing to appeal a reduction or termination of benefits due to a determination that the household's head voluntarily quit his/ her job without good cause. If the participating household requests a fair hearing and the Division's determination is upheld, the disqualification period begins with the first month after the hearing decision is rendered. Household heads who have been disqualified for quitting a job will carry their sanction with them if they join a new household as its head. The new household will be ineligible for the remainder of the sanction period unless the person who caused the disqualification ends it per DSSM 9021.4. 6)If an application for participation is filed in the third month of disqualification, use the same application for the denial of benefits in the remaining month of disqualification and certification for any subsequent month(s) if all other eligibility criteria are met. 9026.2Exemptions From Voluntary Quit Provisions Persons exempt from the full-time work registration provisions are also exempt from voluntary quit provisions (See DSSM 9018.3). 9026.3Good Cause Good cause for leaving employment includes the good cause provisions found in DSSM 9025 and resigning from a job that does not meet the suitability criteria specified at DSSM 9022. Good cause for leaving employment also includes: 1)Discrimination by an employer based on age, race, sex, color, disability, religious beliefs, national origin, or political beliefs; 2)Work demands or conditions that under continued employment would be unreasonable, such as working without being paid on schedule; 3)Acceptance by the head of household of employment, or enrollment at least halftime in any recognized school, training program or institution of higher education, that requires the head of household to leave employment; 4)Acceptance by another household member of employment or enrollment at least half time in any recognized school, training program, or institution of higher education in another county which requires the household to move and thereby requires the head of household to leave employment; 5)Resignations by persons under the age of 60 which are recognized by the employer as retirement; 6)Employment which becomes unsuitable by not meeting the criteria specified in DSSM 9022 after the acceptances of such employment; 7)Acceptance of a bona fide offer of employment of more than 30 hours a week or in which the weekly earnings are equivalent to the federal minimum wage multiplied by 30 hours which, because of circumstances beyond the control of the head of household, subsequently either does not materialize or results in employment of less than 30 hours a week or weekly earnings of less than the federal minimum wage multiplied by 30 hours; and 8)Leaving a job in connection with patterns of employment in which workers frequently move from one employer to another such as migrant farm labor or construction work. There may be some circumstances where households will apply for food stamp benefits between jobs, particularly in cases where work may not yet be available at the new job site. Even though employment at the new site has not actually begun, the quitting of previous employment will be considered as with good cause if it is part of the pattern of that type of employment. 9026.4Voluntary Quit Verification To the extent that the information given by the household is questionable as defined in DSSM 9033, request verification of the household's statements. The primary responsibility for providing verification as provided in DSSM 9035 rests with the household. If it is difficult or impossible for the household to obtain documentary evidence in a timely manner, assistance will be offered to the household to obtain the needed verification. Acceptable sources of verification include but are not limited to the previous employer, employee associations, union representatives, and grievance committees or organizations. Whenever documentary evidence cannot be obtained, substitute a collateral contact. The Division is responsible for obtaining verification from acceptable collateral contacts provided by the household. If the household and the Division are unable to obtain requested verification from these or other sources because the cause for the quit resulted from circumstances that for good reason cannot be verified, such as a resignation from employment due to discrimination practices or unreasonable demands by an employer or because the employer cannot be located, the household will not be denied access to the Food Stamp Program. 9026.5Ending a Voluntary Quit Or A Reduction In Work Hours Disqualification Following the end of the disqualification period, as defined in DSSM 9021.2, a household may begin participation in the program if it applies again and is determined eligible. Eligibility may be reestablished during a disqualification period and the household will, if otherwise eligible, be permitted to resume participation if the violator becomes exempt from the work registration requirements through DSSM 9018.3, other that through exemptions based on items (3) and (5) of that sections. Should a household which has been determined to be non-compliant without good cause split into more than one household, the sanction will follow the member who caused the disqualification. If a head of household who committed the violation joins another food stamp household as head of the household, that household is ineligible for the balance of the period of ineligibility. STATE OF DELAWARE EXECUTIVE DEPARTMENT DOVER EXECUTIVE ORDER NUMBER SIXTY-ONE RE:Green Infrastructure WHEREAS, I established the Livable Delaware Agenda in 2001 to preserve the high quality of life for current and future generations of Delawareans; and WHEREAS, as part of Livable Delaware, the Advisory Council on Planning Coordination was created to advise me on implementing Livable Delaware and convened a Green Infrastructure Subcommittee; and WHEREAS, green infrastructure is defined as Delawareís natural life support system of parks and preserves, woodlands and wildlife areas, wetlands and waterways, productive agricultural and forest land, greenways, cultural, historic and recreational sites and other natural areas all with conservation value; and WHEREAS, preserving Delawareís Green Infrastructure network will support and enhance biodiversity and functional ecosystems, protect native plant and animal species, improve air and water quality, prevent flooding, lessen the disruption to natural landscapes, provide opportunities for profitable farming and forestry enterprises, limit invasive species, and foster ecotourism; and WHEREAS, the Advisory Council on Planning Coordination has adopted guiding principles, long term conservation acreage targets and focus areas based on a statewide assessment and courses of action for the conservation and management of Delawareís Green Infrastructure that will conserve an interconnected network of green spaces that benefit people and wildlife; and WHEREAS, voluntary stewardship by private landowners is essential to green infrastructure conservation in Delaware, since approximately 80 percent of the Stateís land base is in private hands; and WHEREAS, it is essential that the conservation of the green infrastructure of the State be accomplished in a workable and practicable manner. NOW, THEREFORE, I, RUTH ANN MINNER, by virtue of the authority vested in me as Governor of the State of Delaware, do hereby declare and order that: 1. The Livable Delaware Green Infrastructure maps, as incorporated into the Strategies for State Policies and Spending, shall be used as a guideline for the determinations made pursuant to this order. 2. The Department of Natural Resources and Environmental Control (“DNREC”) is directed to establish an inventory of all State-owned green infrastructure and the environmental values and functions associated with each parcel. 3. The Secretary of DNREC in conjunction with the Department of Agriculture, shall: a. Develop a statewide green infrastructure conservation and management strategy based on science- based assessments and a long-term vision of the Stateís conservation needs. b. Identify key habitats and natural community types that are of particular ecosystem-wide importance including areas essential to particular species at critical stages of the life cycle (e.g., spawning or nursery areas). c. Develop a green infrastructure public education and outreach program designed and implemented for all ages and walks of life, including policy makers, K-12 public school children, university students and the general public. d. Provide assistance to local governments in conserving green infrastructure. e.Improve the effectiveness of the Stateís stewardship of plants, animals and their habitats on public lands. f. Improve coordination among State agencies and other conservation partners in collecting and managing green infrastructure information. g.Continue and expand ongoing ecoregional conservation assessments by public and private conservation partners that identify the full range of green infrastructure in a given region as well as priorities to conserve. h. Advance the use of and access to non- regulatory stewardship incentives by private landowners. 4. Each State department and agency shall minimize the adverse effects to green infrastructure identified in paragraph 1 and conserve and enhance the environmental values and functions of that green infrastructure in carrying out the agency’s responsibilities. 5. Each State agency, to the extent permitted by law, shall avoid undertaking or providing financial assistance for construction located in green infrastructure identified in paragraph 1 which will substantially degrade or destroy the use and function of that area as green infrastructure, unless the head of the agency, through consultation with DNREC, files written findings with DNREC that (a) there is no reasonable alternative to such construction, and that the proposed action includes all practicable measures to minimize undesirable impacts to green infrastructure which may result from such use, or (b) that the request is consistent with the procedures and policies established under the provisions of paragraph 6 herein. In making this finding the head of the agency and DNREC may take into account social, economic, environmental and other pertinent factors. 6. The Secretary of DNREC, in conjunction with the Department of Agriculture, the Delaware Economic Development Office and the Department of Transportation, shall establish policy and procedures including a mechanism for consultation and interagency discussions that will ensure the consideration of the public health, safety and welfare, the active management of green infrastructure systems, and the uses of green infrastructure including ecological enhancement, recreation, economic, scientific and cultural uses. DNREC may approve standard conservation plans and procedures for use by any State agency or local unit of government that has similar type of activities that may affect a parcel more than one time and/or affect more than one site. 7. Any requests for new authorizations, appropriations, or grants of State operating or capital funds, or for State loan assistance or guarantees shall indicate, based on best available information, if an action to be proposed will be located in or will adversely affect green infrastructure identified in paragraph 1 and whether the proposed action is in accord with this order. 8. When State-owned green infrastructure identified in paragraph 1 is proposed for lease, easement, right-of-way or disposal to public or private parties, the State agency shall (a) attach restrictions appropriate to this order to the uses of properties by the grantee or purchaser and any successor, except where prohibited by law or (b) withhold such properties from disposal. 9.The Secretary of DNREC shall appoint a Green Infrastructure Conservation Coordinator and such additional staff as may be necessary to support implementation of this order and to provide operational support and expertise in resolving conservation management needs not addressed elsewhere in this order for the Secretaries of Natural Resources and Environmental Control, Agriculture and Transportation. The Conservation Coordinator shall consult regularly with representatives of the environmental community, agricultural community, business community, civic groups, academic community and State and local government including their various advisory bodies for open space, forest stewardship, farmland preservation, recreational sites and other elements of green infrastructure that have conservation value. The Conservation Coordinator shall prepare an annual report that describes the progress that has been achieved in implementation of the provisions of this order and the attainment of the conservation acreage targets adopted by the Advisory Council on Planning Coordination. APPROVED THIS 28TH DAY OF OCTOBER, 2004. Ruth Ann Minner, Governor ATTEST: Harriet Smith Windsor, Secretary of State Abraham Lincoln Bicentennial CommissionThe Honorable Harriet Smith WindsorPleasure of the Governor Advisory Council on Planning CoordinationThe Honorable John C. Carney, Jr.10/13/2007 Mr. Paul H. Morrill, Jr.10/13/2007 Mr. Marty Ross10/13/2007 Advisory Council to the Division ofMs. Zakiya Y. Bakari10/20/2006 Developmental Disabilities Services Architectural Accessibility BoardMr. Goodwin K. Cobb, III1/14/2006 Authority on Radiation ProtectionRobert N. Arm, D.M.D.10/13/2007 Mr. Michael L. Clerkin10/13/2007 Ms. Robin L. Elliott10/13/2007 Mr. Norman W. Henry, III10/13/2007 Mr. David H. Irwin10/13/2007 Mr. Costas S. Krikelis10/13/2007 Mr. Sunjay A. Shah10/13/2007 Board of Clinical Social Work ExaminersMr. Robb Carter10/13/2007 Ms. Gloria L. Ho-Ruggiero10/25/2007 Ms. Winnie J. Lewis10/13/2007 Ms. Traci A. McDowell10/13/2007 Mr. Timothy J. Toole10/13/2007 Board of Cosmetology and BarberingMr. Richard Shultie, Jr.10/13/2007 Board of Dental ExaminersMs. Kimberly A. Hickman-Bowen10/18/2007 Robert P. Marier, D.D.S.10/18/2007 Board of Examiners in OptometryMs. Nichole E. Anderson10/13/2007 Board of Examiners of Private Investigators &Mr. Edward V. Hill, Jr.10/13/2007 Security Agencies Board of Plumbing ExaminersMr. Robert J. Briccotto, Jr.10/13/2007 Board of PodiatryJonathan P. Contompasis, DPM10/18/2007 Ms. Sheri J. Morris10/18/2007 Board of Speech/Language PathologistsMs. Carol A. Guilbert10/18/2007 Child Placement Review Board-KentMs. Alice R. Rasmussen10/13/2007 Child Placement Review Board-New CastleMs. Eva Abbott10/13/2007 Ms. Diane Bourne10/13/2007 Ms. Barbara Freedman10/13/2007 Ms. Laura Katz10/13/2007 Ms. Iris McCarthy10/13/2007 Ms. Frances M. Pullella10/13/2007 Child Placement Review Board-SussexMs. Stacia Girley10/13/2007 Ms. Patricia Mullin10/13/2007 Commission of the Purchase of Products &Ms. Michele A. Mirabella10/13/2008 Service of the Blind & Other Severely Handicapped Individuals Committee on Employment of People withMs. Lois A. Dawson10/13/2007 Disabilities Council on the BlindMr. Charles Yelle10/13/2007 Council on TransportationMs. Mary W. Davis10/18/2007 Deferred Compensation CouncilMr. Oliver J. Gumbs10/13/2007 Delaware Bicycle CouncilMr. Thomas Hartley10/13/2007 Ms. Amy B. Wilburn10/13/2007 Mr. Robert V. Witsil, Jr.2/25/2005 Delaware Commission for WomenMs. Sherese B. Carr10/13/2007 Theresa Del Tufo, Ph.D.10/13/2007 Ms. Robin M. Fisher10/23/2005 Ms. Amanda Leaming10/13/2007 Ms. Sandra J. Peterson10/13/2007 Ms. Ilene M. Slatko10/10/2005 Ms. Rosemarie S. Vanderhoogt10/13/2007 Delaware Compensation CommissionMr. Peter M. Ross10/20/2010 Delaware Health Fund Advisory CommitteeGregory Bahtiarian, D.O.Pleasure of the Governor Delaware Health Resources BoardMs. Katherine R. Deitcher4/22/2005 Jaime H. Rivera, M.D.4/22/2005 Delaware Health Resources Board, Vice ChairMr. Robert F. MillerPleasure of the Governor Delaware Nursing Home Residents Quality Mr. Thomas P. McGonigle10/13/2007 Assurance Commission Delaware State Arts CouncilMs. Rhonda B. Graham8/5/2006 Ms. Lise M. Leary10/4/2007 Ms. Julia M. McCabe10/4/2007 Ms. Ann G. Schenck10/4/2007 Allen Sessoms, Ph.D.10/4/2007 Ms. Deborah Wicks10/4/2007 Dental Hygiene Advisory CommitteeMs. Debora L. Mause10/18/2007 Family Court in and for New Castle County, Mr. Michael K. Newell10/26/2016 Associate Judge Farmland Evaluation Advisory CommitteeMr. James H. Baxter, Jr.7/1/2007 Governor’s Commission on Community andMs. Bernice M. Edwards10/14/2007 Volunteer Service Governor’s Council on Hispanic AffairsMs. Rena E. Cutlip10/13/2007 Mr. Milton Delgado10/13/2007 Mr. Joseph DiSalvo10/13/2007 Mr. Jaime Figueras10/13/2007 The Honorable Joseph E. Miro10/13/2007 Ms. Carmen M. Rivera10/13/2007 Interagency Coordinating CouncilMs. Susan E. Jackson4/11/2005 Infant Mortality Task ForceThe Honorable Jack A. MarkellPleasure of the Governor Juvenile Justice Advisory GroupLt. Colonel Thomas F. MacLeishPleasure of the Governor Colonel David F. McAllisterPleasure of the Governor Juvenile Justice Advisory GroupMr. Kenneth McLaughlinPleasure of the Governor Mr. Michael J. SzczerbaPleasure of the Governor New Castle Vo-Tech Board of EducationMr. Ray W. Christian10/13/2011 Mr. John F. Lynch, Jr.10/13/2011 Organ and Tissue Donor Awareness BoardMs. Darlene E. Cox10/13/2007 Parks and Recreation CouncilMr. Ronald A. Breeding10/13/2007 Mr. Ronald D. Mears10/13/2007 State Employees Benefits Advisory CouncilMr. Glenn C. Allen10/13/2007 Superior Court of the State of Delaware,The Honorable James T. Vaughn, Jr.10/12/2016 President Judge Sussex County, Justice of the PeaceMr. James G. Horn10/8/2008 Mr. Larry R. Sipple10/10/2008 Sussex County Vocational-Technical SchoolMs. Judy L. Emory10/13/2011 Board of EducationMr. Richard Ira Lewis10/13/2011 Unemployment Compensation AdvisoryMr. Samuel E. Lathem10/13/2007 Council DEPARTMENT OF EDUCATION IMPLEMENTING ORDER STATE BOARD OF EDUCATION PROCEDURES MANUAL Background and Context of Regulation The State Board of Education’s Procedures Manualincludes descriptions of the Board’s organization and operations, its meeting procedures and its rules of hearing practice, among other items. The State Board concludes it is necessary to amend the Procedures Manual to: (1) include licensing of substitute teachers, include National Board Teachers and remove the Delaware Performance Appraisal references from the Approval of Rules and Regulations of the Professional Standards Board in Appendix A; (2) remove the reference to licensing institutions of higher education not incorporated in Delaware, remove the reference to vocational educators, change “handicapped students” to “children with disabilities”, and incorporate truancy and excused absences into school attendance from the list of approvals in conjunction with the Department of Education in Appendix A; (3) remove the reference to food service manager in Appendix A: (4) move the reference to school profiles to the rule and regulation approval section in Appendix A; and (5) revise Appendix B to reflect legislative changes including removing the requirement to submit requests for appeals by certified or registered mail, include some charter school board actions as appealable to the State Board of Education and to add sample forms. These changes are exempted from the procedural requirements of the Administrative Procedures Act pursuant to 29 Del.C. 10113(b)(1), (2), (4) and (5). As a result, the State Board may adopt these changes informally. ORDER ADOPTING REGULATIONS The State Board of Education concludes that it is appropriate to amend the Procedures Manual as described above. The amended regulations are attached as Exhibit “A” and are hereby adopted by the State Board of Education as its Procedures Manual, effective immediately. Approved this 18th day of November 2004 STATE BOARD OF EDUCATION Dr. Joseph A. Pika, President Jean W. Allen, Vice President Richard M. Farmer, Jr. Mary B. Graham, Esquire Valarie Pepper Dennis J. Savage Dr. Claibourne D. Smith State Board of Education Procedures Manual September 1998 (Revised: 2001, 2002 and 2004) Legal Basis and Related Issues Statutory Basis The State Board exists pursuant to 14 Del.C. §104(a), which states the following: (a)The State Board of Education shall be composed of 7 members who shall be citizens of the State and shall be appointed by the Governor and confirmed by the Senate. The Governor shall name the President of the Board who shall serve at the Governor’s pleasure. Each of the remaining members of the Board shall be appointed to serve for 6 years and until his or her successor qualifies. Board Structure Membership In accordance with 14 Del.C. §104(a), the State Board is composed of 7 members. Appointment In accordance with 14 Del.C. §104(a), the State Board members are appointed by the Governor and confirmed by the Senate. Qualifications The qualifications for membership on the State Board of Education are specified in 14 Del. C. §104(d), which states the following: (d)The members of the Board shall be appointed solely because of their character and fitness subject to the following qualifications: At least 2 members of the Board shall have had prior experience on a local board of education; no more than 4 members of the Board shall belong to the same political party; no person shall be eligible to appointment who has not been for at least 5 years immediately preceding appointment a resident of this state; and no person shall be appointed to the Board who is in any way subject to its authority. Any member of the Board shall be eligible for reappointment unless otherwise disqualified by this title. In constituting the Board, the President shall be appointed from the State at large, but the appointments of the remaining 6 members shall be made so that there shall be on the Board at least 1 resident of the City of Wilmington, 3 residents from New Castle County outside the City of Wilmington, 1 from Kent County and 1 from Sussex County. Terms The President of the Board serves at the pleasure of the Governor 14 Del.C. §104(a). The terms for the remaining 6 members are “6 years and until his or her successor qualifies” 14 Del.C. §104(a). However, §104(f) provides that the “Governor may appoint members for confirmation by the Senate for terms shorter than 6 years where that is necessary to ensure that Board members’ terms expire on a rotating annual basis”. Compensation The compensation of State Board members is specified in 14 Del. C. §104(h), which states the following: (h)The members of the Board shall receive $100 for each day’s attendance at the meetings of the Board not to exceed 24 days’ attendance in any 1 calendar year; and they shall be reimbursed for the actual travel and other necessary expenses incurred in attending meetings and transacting the business of the Board. Vacancies “Vacancies on the Board for any cause shall be filled by the Governor for the unexpired term and until a successor shall qualify” 14 Del.C. §104(e). Powers, Duties and Responsibilities The powers, duties, and responsibilities of the State Board of Education are delineated primarily in Delaware Code, Title 14. The general powers are specified in 14 Del.C. §104(b), which follows. However, the specific powers, duties, and responsibilities, as cited in the Code, are detailed more fully in Appendix A, where the specific citations and a brief paraphrase of the statutes are given. (b)The State Board of Education shall have powers, duties, and responsibilities as specified in this title. Included among the powers, duties and responsibilities are those specified in this subsection. The State Board of Education shall: (1)Provide the Secretary of Education with advice and guidance with respect to the development of policy in those areas of education policy where rule- and regulation- making authority is entrusted jointly to the Secretary and the State Board. The State Board shall also provide guidance on new initiatives, which may from time to time be proposed by the Secretary. The Secretary shall consult with the State Board regularly on such issues to ensure that policy development benefits from the breadth of viewpoint and the stability which a citizens’ board can offer and to ensure that rules and regulations presented to the State Board for its approval are developed with input from the State Board. Consistent with its role in shaping critical educational policies, the State Board of Education may also recommend that the Secretary undertake certain initiatives which the State Board believes would improve public education in Delaware; (2)Provide the Secretary of Education with advice and guidance on the Department’s annual operating budget and capital budget requests; (3)Provide the Secretary of Education with guidance in the preparation of the annual report specified in §124 of this title, including recommendations for additional legislation and for changes to existing legislation; (4)Provide the Secretary of Education with guidance concerning the implementation of the student achievement and statewide assessment program specified in §122(b)(4) of this title; (5)Decide, without expense to the parties concerned, certain types of controversies and disputes involving the administration of the public school system. The specific types of controversies and disputes appropriate for State Board resolution and the procedures for conducting hearings shall be established by rules and regulations pursuant to §121 (12) of this title; (6)Fix and establish the boundaries of school districts, which may be doubtful or in dispute, or change district boundaries as provided in §§1025, 1026, and 1027 of this title; (7)Decide on all controversies involving rules and regulations of local boards of education pursuant to §1058 of this title; (8)Subpoena witnesses and documents, administer and examine persons under oath, and appoint hearing officers as the State Board finds appropriate to conduct investigations and hearings pursuant to paragraphs (5), (6), and (7) of this subsection; (9)Review decisions of the Secretary of Education, upon application for review, where specific provisions of this title provide for such review. The State Board may reverse the decision of the Secretary only if it decides, after consulting with legal counsel to the Department, that the Secretary’s decision was contrary to a specific state or federal law or regulation, was not supported by substantial evidence, or was arbitrary and capricious. In such cases, the State Board shall set forth in writing the legal basis for its conclusion; (10)Approve such Department rules and regulations as require State Board approval, pursuant to specific provisions of this title, before such regulations are implemented; (11)Approve rules and regulations governing institutions of postsecondary education that offer courses, programs of courses, or degrees within the State or by correspondence to residents of the State pursuant to §§121(16) and/or 122(b)(7). Conduct of Members Delaware Code, Title 29, Chapter 58 provides the laws regulating the conduct of officers and employees of the State of Delaware. Members of the State Board of Education are subject to certain of the provisions of that statute in that they are included in the definition of “state agency” 29 Del.C. §5804(10) and the definition of “honorary state official” 29 Del.C. §5804(13). For that reason, members of the Board are encouraged to become familiar with the provisions of that chapter. The following issues are of particular concern. Conflicts of Interest Section 5805 details the State’s conflict of interest provisions, which apply to members of the State Board of Education. As applied to State Board that means that a member may not participate on behalf of the State in the review or dispositions of any matter pending before the State in which he or she has a personal or private interest 29 Del.C. §5805(a). There are also restrictions on representing another’s interest §5805(b); against contracting with the State for goods or services §58059(c); or for representing or assisting private enterprise within two years after appointed service §5805(d). The code of conduct is further detailed in 29 Del.C. §5806. Financial Disclosure Subchapter II, Chapter 58, 29 Del.C., contains the requirements for financial disclosure of public officers. Because State Board of Education members are not included in the definition of “public officer” contained in §5812, it would appear that members are not required to file the annual disclosure reports mandated by this statute. However, nothing would prohibit a member who chose to do so from voluntarily completing such a report. Dual Compensation “There are numerous elected state officials and other paid appointed officials who are also employed by state agencies, educational and other institutions, and other jurisdictions of government within the State” 29 Del.C. §5821(a). The statute prohibits such individuals from receiving dual compensation for their time. Thus, State Board members, who are employed by the agencies and organizations specified, are encouraged to acquaint themselves with the specific provisions of this statute. Organization Officers President The Governor shall name the President of the Board who shall serve at his/her pleasure 14 Del.C. §104(a). The President is responsible for the integrity of the Board process. Integrity includes the efficient, orderly deliberation of Board issues and conduct of Board affairs. The President has no authority over Department of Education activities. However, the President does have authority, subject to any applicable Board policy, to (1) call special meetings of the Board; (2) represent, in person or through a designee, Board positions and symbolize the Board image in public and at ceremonial events; and (3) decide mechanics of Board procedures. Subject to Board approval, the President (1) determines Board agendas and committee charges, and (2) makes Board appointments to committees. The President shall be an ex officio member of all committees, and shall have all privileges of membership but shall not be counted in the committee quorum. The President shall have the same right to make or second motions and to vote on pending questions as any other member of the Board. The President shall determine the appropriate action to take in reference to any uncertainty regarding any expense statement submitted by a member of the State Board. The President shall be responsible for initiating the annual evaluation of the Board’s progress toward achieving the goals delineated in the five-year plan (See Vision, Mission, and Goals). Vice President The Vice President shall be elected at the annual meeting and shall serve until the next annual meeting or until a successor has been named 14 Del. C. §105(a). The Vice President shall assist the President in the duties of the President’s office, as the President may direct, and shall preside at meetings and appoint members of committees during the President’s absence. In the event of the President’s death, resignation, incapacity, or disqualification, the Vice President shall act in place of the President in all respects until the vacancy shall be filled or the incapacity removed. Executive Secretary Pursuant to 14 Del.C. §104(c), the Secretary of Education, in addition to his or her other duties of office, shall serve as Executive Secretary of the State Board. The Executive Secretary is responsible for keeping of the minutes and other official records of the State Board, either in person or by an assistant. Legal Counsel Legal counsel to the State Board of Education is provided by the State Department of Justice and the Attorney General’s Office in accordance with 29 Del.C. §2504. (In accordance with 29 Del.C. §2507, no agency board, or commission shall employ legal counsel except with approval of the Attorney General and Governor.) Staff Assistance Section 104(c), 14 Del.C., provides in part, that: “The Department, through the Secretary, shall provide reasonable staff support to assist the State Board in performing its duties pursuant to this title …”. In addition, the annual appropriations act provides funding for a single independent staff person to provide support and policy advice to the State Board of Education. Committees Subcommittees of the Board The Board may, from time to time, establish temporary committees to help carry out its responsibilities. To preserve Board holism, committees will be used sparingly, only when other methods have been deemed inadequate or to improve efficiency of operations. Board committees, whether external or internal, may not speak for the Board. No more than three Board members may serve on a Board committee. Board members may express their interest and willingness to serve on any committee. Subject to Board approval, the President will identify the charge of the committee and appoint a committee chair and members of the committee. It is expected that committees will report back to the full Board on a regular basis. Special Board Committees The Board may, from time to time, create special committees to advise the Board on specific issues, and shall vote to do so at a formal meeting of the Board. Such committees may include membership outside the Board or Department of Education. Other Committees Under Delaware Code, a member of the State Board must serve on each of the following committees: •Equalization Committee 14 Del.C. §1707(i) •President of the State Board serves ex-officio on the Board of Trustees of the University of Delaware 14 Del.C. §5105 •Traditionally, Board members also serve on numerous external boards and committees at both the State and national level. Examples include the following: •Delaware School Boards Association Board of Directors •Delaware School Boards Association Legislative Committee •Education Consortium •Committees and study groups of the National Association of State Boards of Education •Education Task Forces and Committees established by Executive Orders and Legislation. Committees Appointed by the Secretary of Education In accordance with 14 Del.C. §103(a)(11), the Secretary must consult with the State Board of Education in the appointment of committees formed to assist in developing policies or regulations which would require State Board approval. The Board’s view shall be expressed in the form of a vote on the proposed committee membership. New State Board Member Orientation The State Board of Education is responsible for the orientation of new members to the State Board. A subcommittee of the Board shall be responsible for planning the orientation of new members. The Secretary of Education shall be an ex-officio member of this committee. Board Member Development The State Board of Education shall be responsible for its own development as a Board. This development shall take place through membership and participation in organizations such as the National Association of State Boards of Education, Delaware School Boards Association, the National School Boards Association, and other activities such as Board retreats, conferences, conventions, workshops, or committees. Evaluation The Board will monitor its own process and performance to ensure continuity of Board improvements, integrity of Board actions and progress toward Board goals. The Board will be accountable to the public for competent, conscientious, and effective accomplishment of its obligations as a Board. The Board may seek the input from others regarding the effectiveness or impact of Board initiatives as part of the evaluation process, and may utilize the services of an independent consultant in doing so. Consultants The Board may, within available financial resources, hire consultants as needed. The Board shall formally approve the consultant and fee. State Board Appropriations Reimbursement to Board members for the normal mileage and incidental expenses are paid by the Department of Education from funds appropriated to the Board and budgeted for that purpose. Reimbursement requests for expenses for conferences or meetings outside the state must be initialed by the Board president. For other expenditures in excess of $1,000 Board approval is required. Meetings Annual Meeting Pursuant to 14 Del. C.§105(a), the annual meeting of the State Board of Education shall be held in Dover during the month of July. Election of the Vice President of the Board shall occur at this meeting. Regular Meetings Regular meetings of the State Board of Education are held once a month in the Cabinet Room of the John G. Townsend Building, Dover. The meetings are normally scheduled on the third Thursday of each month beginning at 1:00 p.m. but may vary as need dictates. Special Meetings Special meetings of the State Board of Education may be held to address emergency issues, conduct hearings, develop goals, evaluate board operations, or for in depth study and review of an issue. Special meetings are held at a time and place agreed upon by the Board. Executive Sessions The State Board of Education may meet in executive session for the reasons specified in 29 Del.C. §10004. The Board must vote in a public meeting to go into executive session stating the purpose for the executive session. Board Meeting Procedures Public Notice of Meetings As specified in 29 Del. C. §10004(e)(1) the State Board is required to give public notice of all meetings, including executive sessions closed to the public, at least 7 days prior to the meeting. The notice must include the agenda and the date, time, and place of the meeting. The notice is posted on the bulletin board outside the Cabinet Room of the Townsend Building, Dover. In addition, notices of all regular meetings are mailed to the district superintendents, state officials, the media, heads of state education organizations and other interested parties. Persons and organizations may request that they be placed on the mailing list by contacting Dani Moore at the Department of Education. Telephone 302/739-4603. Fax 302/739-7768. Email: damoore@state.de.us Agenda Format - Order of Business The order of business for regular meetings is as follows: I.Opening A.Call to Order B.Approval of Agenda C.Approval of Minutes II.Formal Public Comment III.State Board Business A.Reports/Discussions B.Budget Items C.Other IV.Presentations A.Department of Education B.Secretary’s Report, Review and Discussion C.Other Presentations V.Action Items A.Policy, Rules and Regulations B.Higher Education C.Charter Schools D.Other Action Items E.Appeals and Reviews VI.Information Items Agenda Preparation and Dissemination Items included on the Board’s agenda for regular meetings are recommended jointly by the Policy Analyst to the State Board and the Cabinet of the Department of Education. The final agenda is subject to the approval of the Board President. Any member of the Board may request that an item be placed on the agenda. Agendas with all background materials are distributed to Board members at least 5 days prior to the meeting. Board agendas are also distributed to district and state officials and to others on a request basis. The State Board Agenda is also posted on the Department of Education Web Site prior to the meeting at www.doe.state.de.us Rules of Order The Board uses the rules of parliamentary procedure to conduct its meetings, but it is not strictly bound by Robert’s Rules of Order. The general conduct of the meeting is determined by the Board President with input from other board members and advice from the Board’s legal counsel. Quorum Four (4) members of the State Board must be present to conduct the business of the Board 14 Del.C. §105(a)). Voting Method Votes by the State Board are taken by voice. When the vote is not a unanimous one, a roll call vote is taken in alphabetical order with the President voting last. All questions before the Board must be approved by a majority (4) of the members of the whole Board. Minutes As prescribed in 29 Del.C. §10004(f) the State Board maintains minutes of all its meetings including executive sessions. The minutes must include the names of board members present and a record, by individual member, of all votes taken and action agreed upon. The minutes, along with the printed agenda and its backup materials, shall constitute the official record of the Board. Highlights of the State Board meetings are available on the Department of Education Website within 10 days of the State Board meeting at www.doe.state.de.us. Official Board Minutes are posted on the web site within five days of their approval at the subsequent monthly meeting of the Board. Public Participation at Board Meetings There are three ways that individuals and groups may address the Board at its regular meetings: An individual or group may request time on the Board’s agenda to make a formal presentation to the Board. Such a request should be in writing, and be submitted to the President of the State Board of Education, John G. Townsend Building, 401 Federal Street, Suite 2, P.O. Box 1402, Dover, DE 19903-1402, at least 20 days prior to the meeting. The decision to include the presentation will be made by the Board President. (Such presentations are included in Section IV.C. of the agenda.) Time will be allocated at the beginning of the meeting (Section II) for individuals or groups to address the State Board on general issues. In addition, individual and/or groups may address the State Board on agenda items at the time that they are before the Board for discussion. Persons wishing to make comments should sign up on the appropriate form at least 15 minutes prior to the call to order. Each group should choose one representative to speak and comments should be limited to five minutes. Speakers will be recognized by the Board President in the order their names appear. If a large number of people sign up to speak, the Board President may at his/her discretion, limit the number of persons allowed to speak as well as designate the appropriate time for comments. Normally the Board will not respond to questions or comments at the meeting but will respond in writing to each person or group. Written responses will not be made to persons/groups addressing action items on the agenda. Appeals and Reviews The State Board of Education has several responsibilities under the Code to hear appeals and to review decisions of the Secretary of Education. Those responsibilities are outlined in 14 Del.C. §104(b)(5), (b)(6), (b)(7), and (b)(9). The types of controversies and disputes appropriate for Board resolution and the procedures for conducting such hearings are contained in Appendix B. Policy Development One of the primary functions of the State Board of Education is to assist the Secretary of Education in the development of policy. Subsection 104(b)(1), 14 Delaware Code states: (1) Provide the Secretary of Education with advice and guidance with respect to the development of policy in those areas of education policy where rule- and regulation-making authority is entrusted jointly to the Secretary and the State Board. The State Board shall also provide guidance on new initiatives, which may from time to time be proposed by the Secretary. The Secretary shall consult with the State Board regularly on such issues to ensure that policy development benefits from the breadth of viewpoint and the stability which a citizens’ board can offer and to ensure that rules and regulations presented to the State Board for its approval are developed with input from the State Board. Consistent with its role in shaping critical educational policies, the State Board of Education may also recommend that the Secretary undertake certain initiatives which the State Board believes would improve public education in Delaware; In order to meet that responsibility, the State Board has set aside time at each regular meeting for discussions of State Board initiatives (Section III.A.), presentations from the Department of Education and the Secretary of Education’s Report (Sections IV A. and B., respectively) and for Board action on policy, rules, and regulations (Section V.). It is the expectation of the Board that the Secretary and the Department of Education will use those opportunities to obtain advice and counsel from the board as a whole in keeping with the spirit of the statute quoted above. Appendix A The following is a list of the powers, duties, and responsibilities of the State Board of Education. Each pertinent section of the Code is paraphrased and annotated. A general description of the powers, duties, and responsibilities can also be found in 14 Delaware Code, §104(b), which is quoted in its entirety in the body of this document. Advisory Board to the Secretary The State Board shall participate in meetings of the Advisory Board to the Secretary of Education 14 Del.C. §106. Alternative Assessments The State Board of Education must approve any alternative assessment administered pursuant to §151(i) of Title 14 Del.C. Approval of Charter Schools The State Board of Education must approve charter schools authorized by the Department 14 Del.C. §503 and §511(c). The State Board is also involved in any charter revocation under 14 Del.C. §515 and §516. Approval of Rules and Regulations of the Professional Standards Board The State Board of Education must approve rules and regulations promulgated by the Professional Standards Board before they become effective 14 Del.C. §1203. Such rules and regulations cover a number of areas including the following: 1.Qualifications and certification of educators in the public schools 14 Del.C. §1092,§1201, §1230,§1260, §1261, §1264(b), and §3310(4). 2.Licensure of substitute teachers 14 Del.C. §1230 3.Establishment of a special institute for teacher certification 14 Del.C. §1250. 4.Regarding alternative routes for teacher certification 14 Del C. §1230. 5.Regarding professional development activities that qualify for Skills and Knowledge Salary Supplements 14 Del.C. §1305(l). 6.Regarding authorization of stipends for employees who have achieved certification from the National Board for Professional Teaching Standards or an equivalent program 14 Del.C. §1305(m) 7.Regarding activities that qualify for Additional Responsibility Salary Supplements 14 Del.C. §1305(m). Approval of Regulations of the Higher Education Commission The State Board of Education must approve rules and regulations promulgated by the Higher Education Commission before they become effective 14 Del.C. §104(b) (13). Approval of Rules and Regulations The State Board of Education must approve rules and regulations promulgated by the Department of Education before they become effective. Such rules and regulations cover a number of areas including the following: 1.Issuance of certificates and diplomas for the public schools 14 Del.C. §122(b)(3). 2.Statewide assessment of student achievement and the assessment of the educational attainments of the public school system 14 Del.C. 151(i). 3.Minimum courses of study for all public elementary schools and public high schools 14 Del.C. §122(b)(5). 4.Instruction in driver education in the nonpublic high schools 14 Del.C. §122(b)(13). 5.Issuance of Delaware Public Education Profiles on all public schools, including charter schools 14 Del.C. §124(a) 6.Delaware performance Appraisal System II 14 Del.C. §1270. 7.Excusal of educational hour requirements specified in 14 Del.C. §122(b)(8) and §1049(1). 8.Enforcement of school attendance laws 14 Del.C. §122(b)(9) and 14 Del. C. §2705(b) and truancy 10 Del.C. §901(14). 9.Instruction in driver education during summer months 14 Del.C. §122(b)(13). 10.Conduct of interscholastic athletics 14 Del.C. §122(b)(14). 11.Mandatory drug and alcohol educational programs 14 Del.C. §122(b)(16). 12.Operation of adult education and family literacy programs 14 Del.C. §122(b)(17). 13.Conduct of the teacher scholarship loan program in critical curriculum areas 14 Del.C. §1106 and the student loan program in critical curriculum areas (14 Del.C. §1108). 14.Concerning the employment of school principals 14 Del.C §1307(2). 15.Regarding the employment of school nurses 14 Del.C. §1310(b). 16.Concerning parent advisory committees, a peer review committee, a human rights committee, and an autistic program monitoring board 14 Del.C. §1332(f). 17.Relating to related services for children with disabilities 14 Del.C. §1716A(c) and §1716A(d). 18.Governing the design and operation of school buses 14 Del.C. §2901, and the transportation of students of nonpublic nonprofit schools 14 Del.C. §2905. 19.Regarding the creation and operation of programs designed to serve exceptional students, primarily children with disabilities (numerous citations throughout 14 Del.C. Chapter 31). 20.Regarding the extent and content of the instruction in the public schools in the Constitution of the United States, the Constitution and government of Delaware and the free enterprise system 14 Del.C. §4103. 21.Regarding interstate agreements on the qualifications of education personnel 14 Del.C. §8212. Approval of Shared School Decision Making Grants The State Board of Education must approve guidelines for district transition grants for shared decision making 14 Del.C. §803(b); must approve guidelines for school transition grants 14 Del.C. §805(b); and must approve guidelines for school improvement grants 14 Del.C. §806(a). Approval of Vocational Centers The State Board of Education must approve the creation of vocational-technical centers or schools 14 Del.C. §205. Approval of Neighborhood School Plans The State Board of Education must approve neighborhood school plans submitted by districts 14 Del.C. §205. Committee Appointments The Secretary of Education must consult with the State Board of Education in the appointment of committees formed to assist in developing policies or regulations which would require State Board approval 14 Del.C. §103(a)(11). Critical Curriculum Areas The State Board of Education must approve areas, which are to be designated as critical curriculum areas 14 Del.C. §1101; approve academic year programs 14 Del.C. §1104; and approve summer in-service programs 14 Del.C. §1105. Deciding Certain Controversies The State Board of Education shall decide without expense to the parties concerned certain controversies and disputes involving the administration of the public school system 14 Del.C. §121(12) and 14 Del.C. §104(b)(5). Rules and regulations regarding such hearings by the Board are contained in Appendix B. Deciding Controversies Concerning Local Rules and Regulations The State Board of Education shall decide controversies involving rules and regulations of local school boards 14 Del.C. §1058 and some rules and regulations of charter schools 14 Del.C. §104b(12). Drug/Alcohol Education Programs The State Board of Education must approve of statewide alcohol/substance abuse programs established and implemented by the Department of Education 14 Del.C. §4116(a). Employment of Aides in Autistic Program The State Board of Education may review decisions of the Department and Secretary of Education regarding requests to employ aides in lieu of teachers in the autistic program 14 Del.C. §1332(e). Establishment of Programs for Children with Disabilities The State Board of Education must approve the establishment of schools, classes or programs for the disabled 14 Del.C. §203, §1703(d), §1703(k), §1703(l), §1703(m), §1703(n) and §1721. Number and Length of School Days The State Board of Education must approve a reduction in the number of school hours and the length of full workdays for employees of the school system 14 Del.C. 1305(i)(j). Reorganization of School Districts The State Board of Education determines and establishes appropriate reorganized school districts through consolidation, division, or a combination of the two as well as establishing tax rates and tax districts for the same. 14 Del.C. §1025, §1026, §1027, §1028, §1065, §1924, and §1925 Review of Decisions Regarding Children with Disabilities The State Board of Education may review a variety of decisions made by the Department regarding services to children with disabilities (numerous citations in 14 Del.C. Chapter 31). Standards for Interpreter/Tutors The State Board of Education must approve standards prescribed for interpreter/tutors 14 Del.C. §1331(b). Statewide Programs for Children with Disabilities The State Board of Education must approve the designation of a district to serve as administrative agency for the deaf-blind program 14 Del.C. §1321(e)(15)a.; to administer a program for the physically impaired 14 Del.C. §1321(e)(16); the establishment of intensive learning centers 14 Del.C. §1321(e)(17); and the designation of an administering district for the autistic program 14 Del.C. §1332(a). Use of Cash Options in Lieu of Salary Funds The State Board of Education may review decisions of the Department and Secretary of Education regarding district requests to elect cash options in lieu of receiving salary funds from the State 14 Del.C. §1321(e)(11), §1321(e)(12), §1321(e)(15)b., §1321(e)(16), §1332(d), and §1332(e). Use of Special Education Funds The State Board of Education may review decisions on the use of special education funds that a district seeks to use in another way if an objection is made to the Department’s decision 14 Del.C. §1703(o) and §1716A(h). Vacancies on Local School Boards The State Board of Education appoints interim members to a local board of education in the event a majority or the entire membership vacates the seats at the same time. The Board may also set the date for a special election to fill the vacancies 14 Del.C. §1054. Waiver of a Regulation The State Board may, within 30 days or at its next meeting, deny any waiver of a regulation, it must promulgate or approve, granted by the Department of Education 14 Del.C. §122(g)(2). Waiver of Rules Under School Discipline Programs The Department of Education is authorized to waive certain rules and regulations in the implementation of school discipline programs. The State Board of Education may deny the waiver within a fixed period of time 14 Del.C. §1606. Appendix B HEARING PROCEDURES AND RULES RULE MAKING HISTORY: Initial adoption date September 1998 Revised 2000 Revised date 10-1-01 (see Register of Regulations at www.legis.state.de.us/onlinepublications) Revised date 11-1-04 (see Register of Regulations at www.legis.state.de.us/onlinepublications) 1.0Scope and Purpose of Rules The State Board of Education (“the State Board”) is authoized by several sections of the Education Code (Title 14 of the Delaware Code) to adopt or approve rules and regulations, resolve disputes, hear appeals, and review decisions of the Secretary of Education. The State Board is also governed by the Administrative Procedures Act (Chapter 101 of Title 29 of the Delaware Code), except where specifically exempted by other law. These Hearing Procedures and Rules (“Rules”) shall govern the practice and procedure before the State Board in hearings, appeals, and regulatory proceedings. 2.0General Provisions 2.1These Rules shall be liberally construed to secure a just, economical, and reasonably expeditious determination of the issues presented in accordance with the State Board’s statutory responsibilities and with the Administrative Procedures Act. 2.2The State Board may for good cause, and to the extent consistent with law, waive any of these Rules, either upon application or upon its own motion. 2.3Whether a proceeding constitutes an evidentiary hearing, an appeal or regulatory action shall be decided by the State Board on the basis of the applicable laws. A party’s designation of the proceeding shall not be controlling on the State Board or binding on the party. 2.4The State Board may appoint a representative to act as a hearing officer for any proceeding before the State Board. Except as otherwise specifically provided, the duties imposed, and the authority provided, to the State Board by these Rules shall also extend to its hearing officers. 2.5Notwithstanding any part of these Rules to the contrary, the State Board, or its counsel, designee or hearing officer, may conduct pre-hearing conferences and teleconferences to clarify issues, confer interim relief, specify procedures, limit the time available to present evidence and argument, and otherwise expedite the proceedings. 2.6The State Board may administer oaths, issue subpoenas, take testimony, hear proofs and receive exhibits into evidence at any hearing. Testimony at any hearing shall be under oath or affirmation. 2.7The State Board may elect to conduct joint hearings with the Department of Education and other state and local agencies. These Rules may be modified as necessary for joint hearings. 2.8Any party to a proceeding before the State Board may be represented by counsel. An attorney representing a party in a proceeding before the State Board shall notify the Executive Secretary of the State Board (“Executive Secretary”) of the representation in writing as soon as practical. Attorneys who are not members of the Delaware Bar may be permitted to appear pro hac vice before the State Board in accordance with Rule 72 of the Rules of the Delaware Supreme Court. 2.9The State Board may continue, adjourn or postpone proceedings for good cause at the request of a party or on its own initiative. Absent a showing of exceptional circumstances, requests for postponements of any matter scheduled to be heard by the State Board shall be submitted to the Executive Secretary in writing at least three (3) business days before the date scheduled for the proceeding. The President of the State Board shall then decide whether to grant or deny the request for postponement. If a hearing officer has been appointed, the request for postponement shall be submitted to the hearing officer, who shall then decide whether to grant or deny the request. 2.10A copy of any document filed with or submitted to the State Board or its hearing officer shall be provided to all other parties to the proceeding, or to their legal counsel. Where a local or other school board participates in a proceeding, copies of filed documents shall be directed to the executive secretary of the board, unless that board appoints a different representative for such purpose. 2.11For purposes of these Rules, unless otherwise specified “day” shall mean a calendar day. “Business day” shall mean weekdays Monday through Friday, except when those days fall on a legal holiday. 3.0De Novo and Other Evidentiary Hearings 3.1Section 3.0 governs proceedings where a statute or regulation provides the right to an original or to a de novo hearing before the State Board to decide a specific controversy or dispute. 3.2Petitions for Hearing 3.2.1A party may initiate a hearing on matters within the State Board’s jurisdiction by mailing or delivering a petition for hearing to the Executive Secretary. The petition shall be in writing and shall be signed by the party making the request (or by the party’s authorized representative). It shall set forth the grounds for the action in reasonable detail and shall identify the source of the State Board’s authority to decide the matter. Petitions may not be delivered to the Executive Secretary by facsimile or other electronic means. 3.2.2The petition for hearing shall be filed within a reasonable time after the controversy arises, but in no event shall a petition be filed more than thirty (30) days after the petitioning party’s receipt of notice that official action has been taken by an authorized person, organization, board or agency. 3.2.3A copy of the petition for hearing shall be delivered to all other parties to the proceeding at the time it is sent to the Executive Secretary. A copy of any other paper or document filed with the State Board or its hearing officer shall, at the time of filing, also be provided to all other parties to the proceeding. If a party is represented by legal counsel, delivery to legal counsel is sufficient. 3.2.4Upon receipt of an adequately detailed petition for hearing, the Executive Secretary shall place the matter on the agenda of the next State Board meeting. At the next meeting, the State Board will either assign the matter to a hearing officer or determine a hearing date for the matter. The parties shall be given at least twenty (20) days notice of the hearing date. 3.2.5A party shall be deemed to have consented to an informal hearing (as that term is used in Section 10123 of the Administrative Procedures Act) unless the party notifies the Executive Secretary in writing that a formal public hearing is required. Such notice must be delivered to the Executive Secretary within three (3) days of the receipt of the notice scheduling the hearing. 3.3Record of Prior Proceedings 3.3.1If proceedings were previously held on the matters complained of in the petition, the agency which conducted those proceedings shall file a certified copy of the record of the proceedings with the Executive Secretary. 3.3.2The record shall contain any written decision, a certified copy of any rule or regulation involved, any minutes of the meeting(s) at which a disputed action was taken, a certified, verbatim transcript of the proceedings conducted by the agency below and all exhibits presented to the agency. The certified transcript shall be prepared at the direction and expense of the agency below. 3.3.3The record shall be filed with the Executive Secretary within ten (10) days of the date the Executive Secretary notifies the agency that the petition has been filed, unless directed otherwise. A copy of the record shall be sent to the petitioner when it is submitted to the Executive Secretary. 3.4Record Review 3.4.1If a hearing was previously held on the matters complained of in the petition, the parties to the proceeding before the State Board may agree to submit the matter to the State Board or its hearing officer on the existing record without the presentation of additional evidence. 3.4.2If the parties agree to submit the matter for decision on the existing record, they shall support their positions in written statements limited to matters in the existing record. The parties’ written statements shall be submitted according to a schedule determined by the State Board. 3.4.3If the parties agree to submit the matter for decision on the existing record, they may nonetheless request oral argument by notifying the Executive Secretary in writing at least ten (10) days before the date written statements are due. Oral argument shall be limited to the matters raised in the written statements and shall be limited to fifteen (15) minutes per side with an additional five (5) minutes for rebuttal. 3.4.4If the parties agree to submit the matter for decision on the existing record, the State Board’s decision shall be based on the existing record, the written statements and oral argument, if any. 3.5Evidentiary hearings 3.5.1Evidentiary hearings will be held when there has not been a prior hearing, when the parties do not agree to rest on the existing record, or when the State Board or its hearing officer otherwise decide to receive additional evidence. 3.5.2The hearing will proceed with the petitioner first presenting its evidence and case. The responding party may then present its case. The petitioner will then have an opportunity to present rebuttal evidence. 3.5.3Opening and closing arguments and post hearing submissions of briefs or legal memoranda will be permitted in the discretion of the State Board or hearing officer. 3.5.4Any person who testifies as a witness shall also be subject to cross examination by the other parties to the proceeding. Any witness is also subject to examination by the State Board or its hearing officer. 3.6Evidence 3.6.1Strict rules of evidence shall not apply. Evidence having probative value commonly accepted by reasonably prudent people in the conduct of their affairs may be admitted into evidence. 3.6.2The State Board or its hearing officer may exclude evidence and limit testimony as provided in Section 10125(b) of the Administrative Procedures Act. 3.6.3Objections to the admission of evidence shall be brief and shall state the grounds for the objection. Objections to the form of the question will not be considered. 3.6.4Any document introduced into evidence at the hearing shall be marked by the State Board or the hearing officer and shall be made a part of the record of the hearing. The party offering the document into evidence shall provide a copy of the document to each of the other parties and to each of the State Board members present for the hearing unless otherwise directed. 3.6.5Requests for subpoenas for witnesses or other sources of evidence shall be delivered to the Executive Secretary in writing at least fifteen (15) days before the date of the hearing, unless additional time is allowed for good cause. The party requesting the subpoena is responsible for delivering it to the person to whom it is directed. 3.7Creation of Record before State Board 3.7.1Any party may request the presence of a stenographic reporter on notice to the Executive Secretary at least ten (10) days prior to the date of the hearing or oral argument. The requesting party shall be liable for the expense of the reporter and of any transcript the party requests. 3.7.2If a stenographic reporter is not present at the hearing or argument, the State Board shall cause an electronic recording of the hearing to be made by tape recorder or other suitable device. Electronic recordings shall be destroyed unless a written request to preserve it is made to the Executive Secretary within three months of the final order issued in the hearing. 3.8State Board Decision 3.8.1When the State Board has appointed a hearing officer, the hearing officer shall submit a proposed written decision for the consideration of the State Board. 3.8.2The proposed decision shall comply with Section 10126(a) of the Administrative Procedures Act. The proposed decision shall be submitted to the State Board and the parties within a reasonable time of the conclusion of the proceedings before the hearing officer. 3.8.3The parties shall have twenty (20) days from the date the proposed order is delivered to them to submit in writing to the State Board and the other party any exceptions, comments and arguments respecting the proposed order. 3.8.4To the extent possible, the State Board shall consider a matter conducted by a hearing officer at its next regular meeting following the parties’ submissions, if any, or the end of the comment period, whichever comes first. 3.8.5The State Board shall consider the entire record of the case and the hearing officer’s proposed decision and written comments thereto, if any, in reaching its final decision. The State Board’s decision shall be incorporated in a final order which shall be signed and mailed to the parties. 4.0Appeals 4.1Section 4.0 governs proceedings where a statute or regulation provides the right to appeal to the State Board a decision which resolved a specific controversy or dispute. These proceedings include, but are not limited to, appeals of school district decisions involving rules and regulations of the school board 14 Del.C. §1051' and appeals of decisions of the Delaware Interscholastic Athletic Association (DIAA) and appeals of decisions by the board of directors of a charter school to suspend or expel a student for disciplinary reasons.. Note': The State Board of Education has held that the local boards of education are not subject to the Administrative procedures Act while conducting disciplinary proceedings. See R.T. v. Sussex County Vocational-Technical School District Board o Education, SBE No.99-12 (February 17, 2000) and M.B. v. Sussex Technical School District Board of Education, SBE No.-03 (April 3, 2000) 4.2For purposes of Section 4.0: 4.2.1“Party” shall mean any person or organization who participated in the proceedings before the agency which rendered the decision being appealed. 4.2.2“Decision” shall mean the official action taken to resolve the dispute presented below and shall include the factual findings, the rule involved and the agency’s conclusion. “Decision” shall not include policy making or the adoption of rules and regulations of future applicability. 4.3For purposes of determining the State Board’s jurisdiction under Section 1058 of the Education Code, “controversies involving the rules and regulations of the school board” shall mean the presentation before the local school board of a dispute involving the application of rules and regulations of the local board in a particular factual context. Certain decisions involving the application of rules and regulations of the local board may not be appealed to the State Board, including: 4.3.1Decisions involving student disciplinary actions where a student is suspended from school for ten (10) or fewer days, except where a request to expunge the disciplinary action from the student’s record has been denied by the local board. 4.3.2Personnel actions which are covered under a collective bargaining agreement or are otherwise subject to adjudication by the Public Employment Relations Board. 4.3.3Termination of employees conducted in accordance with Chapter 14 of the Education Code. 4.3.4Termination or non-renewal of public school administrators and confidential employees, as those terms are defined in Section 4002 of the Education Code, at the conclusion of an employment contract. 4.4Decisions for the Board of Directors of a charter school to suspend a student from school for ten (10) or fewer days may not be appealed to the State Board, except where a request to expunge the disciplinary action from the student’s record has been denied by the board of directors. 4.5Notice of appeal 4.5.1A party may initiate an appeal by mailing or delivering a notice of appeal to the Executive Secretary. The notice shall be in writing, shall be signed by the party making the request (or by the party’s authorized representative. Notices of Appeal may not be delivered to the Executive secretary by facsimile or other electronic means. 4.5.2The notice of appeal shall briefly state the decision from which the appeal is taken, the law, rule or regulation involved in the decision, the names of the parties, and the grounds for the appeal. 4.5.3A notice of appeal form is included at the end of these Rules. People filing appeals are not required to use the form, but may find it helpful to do so. 4.5.4The notice of appeal must be postmarked by or delivered to the Executive Secretary within thirty (30) days of the day the party initiating the appeal receives the written decision from which the appeal is taken. 4.5.5A copy of the notice of appeal shall be mailed or delivered to the agency which made the decision at the same time the original notice of appeal is mailed or delivered to the Executive Secretary. A copy of any other paper or document filed with the State Board shall be provided to all parties to the proceeding at the same time it is filed with the State Board. 4.5.6Upon receipt of an adequately detailed notice of appeal involving a student disciplinary decision or a decision of the Delaware Interscholastic Athletic Association (DIAA), the Executive Secretary shall assign the matter to a hearing officer from a roster of hearing officers approved by the State Board. The Executive Secretary shall provide the notice of appeal and the hearing officer assignment to the State Board at its next meeting. 4.5.7Upon receipt of an adequately detailed notice of appeal involving any matter other than a student disciplinary decision or a decision of DIAA, the Executive Secretary shall consult with the President of the State Board to determine whether the matter should be assigned to a hearing officer or placed on the State Board’s next meeting agenda. The President shall have the authority to authorize the Executive Secretary to assign a hearing officer to the matter from a roster of hearing officers approved by the State Board. In such case, the Executive Secretary shall provide the notice of appeal and the hearing officer assignment to the State Board at its next meeting. Nothing in this subsection shall prevent the State Board from later assigning the matter to a hearing officer. 4.6The record on appeal 4.6.1Unless instructed otherwise, within ten (10) days of the receipt of the notice of appeal, the agency which made the decision under appeal shall forward the record of the proceedings below to the Executive Secretary. A copy of the record shall be sent to the party filing the appeal at the same time. 4.6.2The record shall include the agency’s written decision, a copy of any rule or regulation involved, the minutes of the meeting(s) at which the decision was made, a verbatim transcript of the hearing conducted by the agency or party below, and all exhibits presented to the agency. The transcript shall be prepared at the direction and expense of the agency below. 4.6.3The agency’s executive secretary, executive director or comparable administrator shall complete the “Certification of Record” form provided at the end of these Rules and attach it to the record when the record is forwarded to the Executive Secretary. 4.6.4If a transcript of the proceedings below is not or cannot be provided to the State Board, the Executive Secretary shall remand the case to the agency with an instruction that the agency hold a new hearing within ten (10) days. 4.7Proceedings on appeal 4.7.1The State Board of Education or its hearing officer shall establish and notify the parties of the date when the State Board or its hearing officer will consider the appeal, hereafter referred to as the consideration date. The parties shall be given at least twenty (20) days notice of the consideration date. The parties may agree to shorten or waive the notice of the consideration date. 4.7.2Written statements of position and legal briefs or memoranda, if any, shall be filed no later than (10) days prior to the consideration date. Failure to file a written statement by the time specified may result in a postponement of the consideration date until the statement is filed, or a consideration of the appeal without the written statement, at the discretion of the State Board or its hearing officer. 4.7.3The written statement must clearly identify the issues raised in the appeal. Briefs or legal memoranda shall be submitted with the written statement if the appeal concerns a legal issue or interpretation. 4.7.4Oral argument 4.7.4.1A party may request that oral argument be heard on the consideration date. A request for oral argument shall be submitted with the written statement of appeal. There will be no oral argument unless it is requested when the written statement of appeal is submitted. 4.7.4.2Oral argument, if requested, shall be limited to fifteen (15) minutes per side with five additional minutes for rebuttal. 4.7.4.3Any party may request the presence of a stenographic reporter at oral argument by notifying the Executive Secretary at least ten (10) days prior to the date of the argument. The requesting party shall be liable for the expense of the reporter. If a stenographic reporter is not present at the argument, the State Board or hearing officer shall cause an electronic transcript of the hearing to be made by tape recorder or other suitable device. Electronic transcripts shall be destroyed unless a written request to preserve it is made to the Executive Secretary within three months of the final order issued in the appeal. 4.7.4.4If the State Board or hearing officer permits a party to present oral argument on an issue which was not identified by the party in their written statement, briefs or legal memoranda, or if in the course of the argument, the State Board or hearing officer raises an issue which was not previously raised by either party, the parties shall have a reasonable opportunity to comment in writing within five (5) business days of the oral argument. 4.7.4.5The State Board or its hearing officer may limit or restrict argument that is irrelevant, insubstantial or unduly repetitive. 4.8Standard and Scope of Review 4.8.1The appellate review of the State Board shall be limited to the record of the proceedings below. Neither the State Board nor the hearing officer will consider testimony or evidence which is not in the record. If the State Board determines that the record is insufficient for its review, it shall remand the case to the agency below with instructions to supplement the record. 4.8.2The standard of review shall be determined by the law creating the right of appeal. In the absence of a specific statutory standard, the substantial evidence rule will be applied, that is, neither the State Board nor the hearing officer will substitute its judgment for that of the agency below if there is substantial evidence in the record for its decision and the decision is not arbitrary or capricious. The State Board will make an independent judgment with respect to questions of law. 4.9State Board Decision 4.9.1After considering the record from the proceedings below, the written submissions and the arguments made by the parties, if any, the hearing officer shall submit a proposed written decision for the consideration of the State Board. 4.9.2The proposed decision shall comply with Section 10126(a) of the Administrative Procedures Act. The proposed decision shall be submitted to the State Board and the parties within fifteen (15) days of the consideration date or the filing of any post argument submissions. 4.9.3The parties shall have twenty (20) days from the date the proposed order is delivered to them to submit in writing to the State Board and the other party any exceptions, comments and arguments respecting the proposed order. The parties may agree to shorten or waive the comment period, or to consent to the hearing officer’s recommendation without additional comment. When the parties consent to the hearing officer’s recommendation, they shall so advise the Executive Secretary. 4.9.4The State Board shall consider the appeal at its next regular meeting following receipt of the parties’ exceptions, comments, and arguments, if any, or the end of the comment period, whichever occurs first. 4.9.5The State Board shall consider the entire record of the case and the hearing officer’s proposed decision and any written comments thereto, in reaching its final decision. The State Board’s decision shall be incorporated in a final order which shall be signed and mailed to the parties. 4.10Student Discipline Appeals 4.10.1To the extent possible, appeals of decisions involving student discipline will be scheduled for consideration by the hearing officer within thirty (30) days of the receipt of the notice of appeal. 4.10.2If an appeal involves disciplinary action against a student receiving special education and related services, the record must include evidence that a Manifestation Determination Review was conducted pursuant to the Department of Education’s Administrative Manual for Special Education Services. Failure to provide such evidence may result in reversal or remand to agency for additional proceedings. 4.10.3An appeal of or dispute about the Manifestation Determination Review must be made to the Department of Education as provided in the Administrative Manual for Special Education Services. The State Board of Education will not review such determinations. 5.0Public Regulatory Hearings 5.1Section 5.0 governs public hearings before the State Board or its hearing officers where the State Board is required to hold, or decides to hold, such hearings before adopting or approving rules and regulations or taking other regulatory action. See Note 1. 5.2Notice that the State Board has scheduled a public regulatory hearing shall be provided as required in Section 10115 of the Administrative Procedures Act. Notice of the public hearing shall also be circulated to individuals and agencies on the State Board’s mailing list for meeting agendas. The notice of the hearing shall indicate whether the State Board will conduct the hearing, or designate a hearing officer for that purpose. 5.3Creation of record of public hearing 5.3.1Any party may request the presence of a stenographic reporter on notice to the Executive Secretary at least ten (10) days prior to the date of the hearing. The requesting party shall be liable for the expense of the reporter and of any transcript the party requests. 5.3.2If a stenographic reporter is not present at the hearing, the State Board shall cause an electronic recording of the hearing to be made by tape recorder or other suitable device. Electronic recordings shall be destroyed unless a written request to preserve it is made to the Executive Secretary within three months of the final order issued in the hearing. Any party requesting that a written transcript be made from the recording shall bear the cost of producing the transcript. 5.4Subpoenas 5.4.1The State Board or its hearing officer may issue subpoenas for witnesses or other evidence for the public hearing. Where possible, such subpoenas shall be delivered to the party to whom they are directed at least ten (10) days prior to the public hearing. 5.4.2The State Board or its hearing officer may also, in its discretion, issue subpoenas at the request of a person interested in the proceedings. Requests for such subpoenas shall be delivered to the Executive Secretary at least fifteen (15) days prior to the date of the hearing, unless additional time is allowed for good cause. 5.4.3The party requesting the subpoena is responsible for delivering it to the person to whom it is directed. 5.5Documents 5.5.1The State Board or its hearing officer shall, at the beginning of the hearing, mark as exhibits any documents it has received from the public as comment and any other documents which it will consider in reaching its decision. Documents received during the hearing shall also be marked as exhibits. 5.5.2Any person or party submitting a document before or during the public hearing shall provide at least eight (8) copies of the document to the State Board, unless directed otherwise. 5.6Witnesses 5.6.1The order of witnesses appearing at the hearing shall be determined by the State Board or its hearing officer. The State Board or its hearing officer may direct an agency or organization to designate a single person to present the agency or organization’s position at the public hearing. 5.6.2The State Board or its hearing officer may limit a witness’s testimony and the admission of other evidence to exclude irrelevant, insubstantial or unduly repetitious comment and information. 5.6.3Any person who testifies at a public hearing shall be subject to examination by the State Board or its hearing officer. The State Board or its hearing officer may in their discretion allow cross examination of any witness by other participants in the proceedings. 5.7At the conclusion of the public hearing, the State Board shall issue its findings and conclusions in a written order in the form provided in Section 10118(b) of the Administrative Procedures Act. The Board’s order shall be rendered within a reasonable time after the public hearing. Note: The State Board is not subject to the Administrative Procedures Act when approving (or refusing to approve) regulations or regulatory action of the Department of Education, provided that the Department has complied with applicable portions of the Act. See 14 Del.C. 105(b). STATE BOARD OF EDUCATION OF THE STATE OF DELAWARE xxxx,| Petitioner| | v.|No. 200x-xx | xxxx,| Respondent.| CERTIFICATION OF RECORD I, [name of executive secretary, executive director or comparable administrator], am the title]_________ of the ___{agency name]_________ . I hereby certify that the attached documents constitute the true and complete record of the proceedings that occurred before the ___[agency name}________________________ in the captioned matter. I further certify that the following documents are included in the attached record: a.the agency’s written decision; b.the rules or regulations involved; c.the minutes of the meeting(s) at which the decision was made; d.a verbatim transcript of the hearing; e.all exhibits presented; and f.if this matter involves disciplinary action against a student receiving special education and related services, documentation evidencing the Manifestation Determination Review. ______________________________ Signature Date:________________________ Reference: State Board of Education Hearing Procedures and Rules, Sections 4.5 and 4.9.3. NOTICE OF APPEAL TO THE STATE BOARD OF EDUCATION To:Executive Secretary of the State Board of Education I [name of person filing appeal] request that the State Board of Education accept this appeal and enter a decision and order as further explained in this Notice. 1.I am filing this Notice of Appeal on behalf of _ __[myself or my child (give child’s name]___________________. 2. Please contact me at: _[give address, telephone number(s) and email address if available]_________ _ . 3. I am appealing a decision made by [give name of agency]___________ on _____[date of written decision]__. I received the written decision on ___[date]__________. 4.I believe the State Board may hear this appeal because it involves: ____ A decision by a school district board of education that decided a controversy involving the district’s rules and regulations (including disciplinary rules). ____A decision by the Delaware Interscholastic Athletic Association that decided a controversy involving athletic rules and regulations. ____A decision by the board of directors of a charter school to suspend or expel a student for disciplinary reasons. _____Other (explain why the State Board of Education has authority to consider yourappeal):____________________________________. I am appealing this decision because (you may attach additional pages if you need more room): ________________________________________________ ________________________________________________ _______________________________________________ . I want the State Board of Education to do the following: ________________________________________________ ________________________________________________ _______________________________________________. The information I have provided in this Notice of Appeal is true and correct to the best of my understanding and knowledge. I will send a copy of this Notice to the agency involved when I mail or deliver the Notice of Appeal to the State Board of Education. I understand that appeals to the State Board of Education are decided “on the record” of the hearing that was held by the agency and that the State Board will not accept new testimony or other new evidence during this appeal. _______________________________ Signature _______________________________ Date Signed Additional Instructions 1.Please print or type. 2.Provide all of the information requested. 3.Attach a copy of the written decision that you are appealing. The State Board of Education may not consider an appeal until a written decision has been issued. 4.Keep a copy of this Notice for your use and reference. 5.Mail or deliver this Notice and any attachments to the Executive Secretary of the State Board of Education at [add address]. 6.Send a copy of this Notice and any attachments to the agency involved at the same time you mail or deliver the Notice to the State Board of Education. 7.The State Board of Education’s Hearing Procedures and Rules are available at the State Board web page at www.doe.state.de.us or by calling the State Board’s offices at 302-739- 4603. Rule 4 addresses appeals. DEPARTMENT OF INSURANCE Agents Bulletin No. 13 Continuing Education Changes Under Amended Regulation 504 Issued November 16, 2004 Introduction Amended Regulation 504 Continuing Education became effective on November 15, 2004. The purposes for amending the regulation were to establish additional requirements for insurance education and to continue to ensure a high level of professionalism for the benefit of Delaware consumers. The Regulation, while taking effect immediately, will apply to Continuing Education compliance filings due February 28, 2006 and thereafter. Significant Changes Required by Amended Regulation 504 Section 8.2.1 provides that resident licensees required to fulfill continuing education requirements shall complete twenty-four (24) credit hours of Department approved education subjects, four (4) of which shall be in ethics subjects during each biennium reporting period. If the resident producer holds a health license and solicits long term care policies, as part of his/her biennial requirement, the producer must complete at least three (3) hours of training in Delaware long term care insurance that consists of product knowledge, laws, rules and regulations. The long term care continuing education requirement does not need to be met prior to solicitation of the product. The requirement must be met during the biennium that the long term care policy was solicited. Section 8.2.2 provides that resident adjusters, public adjusters and fraternal producers shall be required to fulfill twelve (12) credit hours of Department approved education subjects, four (4) of which shall be in ethics subjects during each biennium reporting period. The maximum number of carryover credits remains at five (5) credits in a biennium reporting period. The carryover credits shall not apply to the ethics credit requirement. Section 8.3 provides for automatic credit under circumstances that may be revised by bulletin from time to time. This bulletin sets forth the automatic credit exemptions through February 28, 2006. Under Section 8.3, an individual continuously licensed for twenty-five (25) years or longer prior to the start of a biennium reporting period or who holds a professional designation shall receive an automatic credit of twelve (12) credits in each biennium. The following license types are exempt from completing the Continuing Education requirement: •Limited Lines Producers writing consumer credit as defined in 18 Del.C. §1702(k), title, crop/hail, surety and car rental insurance •Resident adjusters licensed solely for surety and/or marine and transportation •Non-resident adjusters and non-resident public adjusters •Limited lines producers licensed under 18 Del.C. §1707(b)(2) for life insurance or annuity products used solely to fund a pre-need arranged funeral program Licensed producers with the following designations shall receive credit as provided for in Section 8.3 of Regulation 504: •AAI •CEBS •ChFC •CFP •CFP •CIC •CLU •CPCU •FLMI •FSPA •RHU FAQs and Contact Information Amended Regulation 504 will be posted on the Delaware Department of Insurance’s website, along with a list of FAQ’s, on November 15, 2004. The Department’s website address is: www.state.de.us/inscom/licensing.htm. Questions related to the applicability and enforcement of Regulation 504 can be submitted to: Ms. Linda A. Long Delaware Department of Insurance 841 Silver Lake Blvd. Dover, DE 19901-2465 Telephone:302.739.4254 Facsimile:302.739.6278 Email:linda.long@state.de.us Donna Lee H. Williams Commissioner DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PROFESSIONAL REGULATION BOARD OF NURSING NOTICE OF PUBLIC HEARING The Delaware Board of Nursing in accordance with 24 Del.C. Subsection 1906(1) has proposed to promulgate Rules and Regulations related to the insertion and removal of epidural catheters by certified Registered Nurse Anesthetists. The proposed rule and regulation developed by the Board defines that the insertion and removal of epidural catheters is authorized practice for certified Registered Nurse Anesthetists. A public hearing will be held on Wednesday, January 12, 2005 at 9:00 a.m. in the second floor Conference Room A, Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware. Anyone desiring a copy of the proposed Rule and Regulation may obtain a copy from the Delaware Board of Nursing, 861 Silver Lake Boulevard, Cannon Building, Suite 203, Dover, DE 19904, (302) 744-4515 or (302) 744-4516. Persons desiring to submit written comments on the revised rules and regulations may forward these comments to the above address. The final date to receive written comments will be January 12, 2005. DIVISION OF PROFESSIONAL REGULATION BOARD OF PHYSICAL THERAPISTS AND ATHLETIC TRAINERS NOTICE OF PUBLIC HEARING The Delaware Examining Board of Physical Therapists and Athletic Trainers in accordance with 24 Del.C. §2604(1) has proposed changes to its rules and regulations as mandated by SB 229. The proposal identifies crimes that are substantially related to the practice of physical therapy and athletic training. A public hearing will be held on January 18, 2005 at 6:30 p.m. in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Examining Board of Physical Therapists and Athletic Trainers, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing. The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing. DIVISION OF PROFESSIONAL REGULATION BOARD OF PROFESSIONAL LAND SURVEYORS NOTICE OF PUBLIC HEARING The State Board of Professional Land Surveyors in accordance with 24 Del.C. §2706 (g) has proposed changes to its rules and regulations as mandated by S.B. 229, 74 Del. Laws c. 262. The proposal identifies crimes that are substantially related to the practice of land surveyors. A public hearing will be held at 9:30 a.m. on January 20, 2005 in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the State Board of Professional Land Surveyors, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing. The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing. DIVISION OF PROFESSIONAL REGULATION BOARD OF FUNERAL SERVICES NOTICE OF PUBLIC HEARING The Delaware Board of Funeral Services in accordance with 24 Del.C. §3105 (f) has proposed changes to its rules and regulations as mandated by SB 229. The proposal identifies crimes that are substantially related to the provision of funeral services. A public hearing will be held at 10:30 a.m. on January 26,2005, in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board of Funeral Services, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing. The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing. DIVISION OF PROFESSIONAL REGULATION BOARD OF EXAMINERS OF PSYCHOLOGISTS NOTICE OF PUBLIC HEARING The Delaware Board of Examiners of Psychologists in accordance with 24 Del.C. §3506(a)(1) has proposed changes to its rules and regulations as mandated by SB 229. The proposal identifies crimes that are substantially related to the provision of psychology services. A public hearing will be held on January 3, 2005 at 9:30 a.m. in the Second Floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board of Examiners of Psychologists, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing. The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing. DIVISION OF PROFESSIONAL REGULATION BOARD OF GEOLOGISTS NOTICE OF PUBLIC HEARING The Delaware Board of Geologists in accordance with 24 Del.C. §3606 has proposed changes to its rules and regulations as mandated by SB 229. The proposal identifies crimes that are substantially related to the provision of geological services. A public hearing will be held on January 14, 2005 at 10:15 a.m. in the Second Floor Conference Room B of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board of Geologists, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing. The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing. BOARD OF SPEECH/LANGUAGE PATHOLOGISTS, AUDIOLOGISTS, AND HEARING AID DISPENSERS NOTICE OF PUBLIC HEARING The Delaware Board Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers, in accordance with 24 Del.C. §3706 (c) has proposed changes to its rules and regulations as mandated by SB 229. The proposal identifies crimes that are substantially related to the practice of speech/language pathology, audiology, and hearing aid dispensing. A public hearing will be held at 2:00 p.m. on January 12, 2005 in the Second Floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing. The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing. DIVISION OF PROFESSIONAL REGULATION STATE COMMITTEE ON DIETETICS/NUTRITION NOTICE OF PUBLIC HEARING The State Committee on Dietetics/Nutrition in accordance with 24 Del.C. §3805(1) has proposed changes to its rules and regulations as mandated by SB 229 (74 Del. Laws c. 262). The proposal identifies crimes that are substantially related to the provision of services as a Certified Dietitian and/or Nutritionist. A public hearing will be held at 2:30 p.m. on January 19, 2005 in the second floor Conference Room B of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Committee on Dietetics/Nutrition, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover, DE 19904. Persons wishing to submit written comments may forward these to the Committee at the above address. The final date to receive written comments will be at the public hearing. The Committee will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing. DIVISION OF PROFESSIONAL REGULATION BOARD OF COSMETOLOGY AND BARBERING NOTICE OF PUBLIC HEARING The Delaware Board of Cosmetology and Barbering in accordance with 24 Del.C. §5106 has proposed changes to its rules and regulations as mandated by SB 229. The proposal identifies crimes that are substantially related to the provision of cosmetology, barbering, electrology and nail technology services. A public hearing will be held at 9:30 a.m. on January 31, 2005 in the Second Floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board of Cosmetology and Barbering, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing. The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing. DIVISION OF PROFESSIONAL REGULATION BOARD OF NURSING HOME ADMINISTRATORS NOTICE OF PUBLIC HEARING The Delaware Board of Nursing Home Administrators in accordance with 24 Del.C. §5204(1) has proposed changes to its rules and regulations as mandated by SB 229. The proposal identifies crimes that are substantially related to the practice of nursing home administration. A public hearing will be held on January 11, 2005 at 2:15 p.m. in the Second Floor Conference Room B of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board of Nursing Home Administrators, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing. The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing. DIVISION OF PROFESSIONAL REGULATION BOARD OF MASSAGE AND BODYWORK NOTICE OF PUBLIC HEARING The Delaware Board of Board of Massage and Bodywork in accordance with 24 Del.C. §5306(1) has proposed changes to its rules and regulations as mandated by SB 229. The proposal identifies crimes that are substantially related to the provision of massage and bodywork services. A public hearing will be held on January 20, 2005 at 3:00 p.m. in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board of Massage and Bodywork, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing. The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing. DEPARTMENT OF AGRICULTURE HARNESS RACING COMMISSION NOTICE OF PUBLIC HEARING The Harness Racing Commission proposes to enact new Regulations 8.9 detailing the procedures and possible penalties for prerace testing by blood gas analyzer or similar equipment. The Commission further proposes to enact a new Regulation 8.10 to detail the quarantine procedure for horses that test positive for excessive carbon dioxide levels as a result of either a prerace or postrace test. The Commission will accept written comments from December 1, 2004 to December 30, 2004. Written comments should be sent to John Wayne, Administrator of Racing, 2320 S. DuPont Highway, Dover, DE 19901. The Commission will hold a public hearing on the proposed Regulations on December 20, 2004 at 11:00 a.m. at Dover Downs, 1131 N. DuPont Highway , Dover, DE. DEPARTMENT OF EDUCATION The State Board of Education will hold its monthly meeting on Thursday, December 23, 2004 at 1:00 p.m. in the Townsend Building, Dover, Delaware. DEPARTMENT OF FINANCE OFFICE OF THE STATE LOTTERY NOTICE OF PUBLIC HEARING The Delaware Lottery Office proposes to amend the Video Lottery Regulations. The Lottery's proposed amendments are: i) amend Video Lottery Regulation 4.2 to provide that any entity proposing to contract with the Lottery or a video lottery agent must obtain a technology provider license; ii) amend Video Lottery Regulation 6.34(5) to provide that temporary employees, consultants, or contractors must obtain a license and vendors who propose to contract with the Lottery or a video lottery agent must obtain a technology provider license; iii) amend Video Lottery Regulation 6.35 to require video lottery agents to file copies of video lottery-related contracts in excess of $50,000; iv) amend Video Lottery Regulation 7.16.2 to require a video lottery agent to update the self-exclusion list within forty-eight (48) hours after receiving notice from the Lottery or VLEU. The proposed amendments are issued pursuant to 29 Del.C. §4805(a) and 29 Del.C. §10115. The Lottery will accept written comments on the proposed amendments to the Video Lottery Regulations from December 1, 2004 through December 30, 2004. The Lottery will hold a public hearing on the proposed amendments to the Video Lottery Regulations on December 21, 2004 at 10:00 a.m. at the Delaware State Lottery Office, 1575 McKee Road, Suite 102, Dover, DE 19904-1903. Written comments or requests for copies of the proposed Regulation amendments should be submitted to Don Johnson at the Delaware Lottery Office. DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF PUBLIC HEALTH NOTICE OF PUBLIC HEARING The Center for Health Information Management and Disease Prevention, Division of Public Health, Department of Health and Social Services will hold a public hearing to discuss the proposed amendments to the Cancer Treatment Program Regulations. The public hearing will be held on January 5, 2005 at 10:00 a.m., in the Third Floor Conference Room of the Jesse Cooper Building, Federal and Water Streets, Dover, Delaware. Copies of the proposed regulations are available for review by calling the following location: The Comprehensive Cancer Control Branch Blue Hen Corporate Center 655 S. Bay Road, Suite 200 Dover, DE 19901 Telephone: (302) 739-4651 Anyone wishing to present his or her oral comments at this hearing should contact David Walton at (302) 744-4700 by January 4, 2005. Anyone wishing to submit written comments as a supplement to or in lieu of oral testimony should submit such comments by January 7, 2005 to: David P. Walton, Hearing Officer Division of Public Health P.O. Box 637 Dover, Delaware 19903-0637 DIVISION OF SOCIAL SERVICES PUBLIC NOTICE Delaware Medicaid/Medical Assistance Program Provider Contractual/Programmatic Responsibilities In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social Services / is proposing to amend the Delaware Medicaid/Medical Assistance Program Provider Manual to add language to Section 1.6 of the General Policy to promote provider accuracy in processing claims. Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy and Program Development Unit, Division of Social Services, P.O. Box 906, New Castle, Delaware 19720 by December 31, 2004. The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons. DIVISION OF SOCIAL SERVICES PUBLIC NOTICE In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 107, Delaware Health and Social Services (DHSS) / Division of Social Services is proposing to amend the Case Processing Procedures policy in the Division of Social Services Manual (DSSM) regarding redeterminations: eligibility review periods. Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy, Program & Development Unit, Division of Social Services, P.O. Box 906, New Castle, Delaware 19720 by December 31st, 2004. The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons. DIVISION OF SOCIAL SERVICES PUBLIC NOTICE Cash Assistance Programs In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 107, Delaware Health and Social Services (DHSS) / Division of Social Services is proposing to amend the Case Processing Procedures policy in the Division of Social Services Manual (DSSM) regarding redeterminations: eligibility review periods. Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy, Program & Development Unit, Division of Social Services, P.O. Box 906, New Castle, Delaware 19720 by December 31st, 2004. The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons. DIVISION OF SOCIAL SERVICES PUBLIC NOTICE In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social Services is proposing to amend the policy of the Food Stamp Program in the Division of Social Services Manual (DSSM) for the following reasons: 1) DSS no longer assigns 3-month certification periods; 2) DSS no longer mails benefits to local food stamp offices; and, 3) the implementation of simplified reporting, six-month certification periods, and EBT have made this policy obsolete. Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy and Program Development Unit, Division of Social Services, P.O. Box 906, New Castle, Delaware 19720 by December 31st, 2004. The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL DIVISION OF FISH AND WILDLIFE PUBLIC NOTICE To modify Non-Tidal Fishing Regulation 3308 (Formerly NT-7), Fish Stocking Practices, to add the northern snakehead fish (Channa argus) and the blotched snakehead fish (Channa maculata) to the list of species for which it shall be unlawful for any person to transport, purchase, possess or sell within Delaware. This action complements action taken recently by the Maryland Department of Natural Resources and previous action taken by the states of Pennsylvania and New Jersey. These two species of snakehead fishes have been identified as the two most likely species of potentially injurious exotic snakehead fishes to thrive and breed in our area when released to the wild. The northern snakehead species has been documented to have escaped efforts at eradication within the state of Maryland and also has been shown to have bred in the wild in southeastern Pennsylvania. Individuals may present their opinions and evidence and/or request additional information by writing or calling or visiting the Fisheries Section, Division of Fish and Wildlife, 89 Kings Highway, Dover, Delaware 19901, (302)739-3441. A public hearing on this proposed amendment will be held at the Department of Natural Resources and Environmental Control Auditorium, 89 Kings Highway, Dover, DE at 7:00 PM on January 4, 2005. The record will remain open for written or e-mail comments to roy.miller@state.de.us until 4:30 PM January 14, 2005. DIVISION OF FISH AND WILDLIFE PUBLIC NOTICE Yitle Of The Regulations: Tidal Finfish Regulation 3502. Striped Bass Season And Area Restrictions. Tidal Finfish Regulation 3505. Striped Bass Commercial Fishing Season; Quotas; Tagging And Reporting Requirements. Brief Synopsis Of The Subject, Substance And Issues: To increase the length of the commercial gill net season for striped bass to extend from February 15 through May 31 instead of the present March 1-April 30 open season and to require the use of drift nets for any gill nets having a mesh size of 4-inches or greater that are used to take striped bass during the February striped bass season extension; To increase the duration of the commercial hook and line fishing season for striped bass from April 1 through and including December 31 instead of September 1 through December 31. To require the use of non-offset “circle hooks” when fishing with natural bait in the designated striped bass spawning areas during the April 1-May 31 spawning season to reduce mortality rates from catch and release recreational fishing. The requirement for the use of circle hooks shall only apply to hooks having a gap greater than 3/8 inches as measured from the hook point to the shank of the hook. Notice Of Public Comment: Individuals may present their opinions and evidence and/or request additional information by writing or calling or visiting the Fisheries Section, Division of Fish and Wildlife, 89 Kings Highway, Dover, Delaware 19901, (302)739-3441. A public hearing on this proposed amendment will be held at the Department of Natural Resources and Environmental Control Auditorium, 89 Kings Highway, Dover, DE at 7:00 PM on December 30, 2004. The record will remain open for written or e-mail comments to roy.miller@state.de.us until 4:30 PM January 4, 2005. DIVISION OF FISH AND WILDLIFE PUBLIC NOTICE Title Of The Regulations: Tidal Finfish Regulation 3553. River Herring Creel Limit Brief Synopsis of the Subject, Substance and Issues: This new regulation would set a daily limit on the take and possession of blueback herring and/or alewife (Alosa aestivalis and/or Alosa pseudoharengus), collectively known as river herring, of 25 per person for the two species combined, except for those possessing a valid commercial finfish license or a receipt from a person legally entitled to take or possess in excess of 25 river herring per day. The purpose of his regulation is to prevent the establishment of a bait fishery for river herring in tidal tributaries of the State. The Department has been attempting to restore river herring to their former abundance by providing passage over dams that block spawning migrations. This action would complement actions previously taken by New Jersey and Pennsylvania. Live river herring are sought after as bait for striped bass and other species and are vulnerable to overexploitation when they approach fishways, dams or other obstructions while on their spawning migrations or out-migrations. This regulation would not affect normal commercial fishing operations in tidal waters, but will impact recreational fishermen who take live river herring as bait for sale. Notice Of Public Comment: Individuals may present their opinions and evidence and/or request additional information by writing or calling or visiting the Fisheries Section, Division of Fish and Wildlife, 89 Kings Highway, Dover, Delaware 19901, (302)739-3441. A public hearing on this proposed amendment will be held at the Department of Natural Resources and Environmental Control Auditorium, 89 Kings Highway, Dover, DE at 7:00 PM on January 4, 2005. The record will remain open for written or e-mail comments to roy.miller@state.de.us until 4:30 PM January 14, 2005 DIVISION OF WATER RESOURCES REGISTER NOTICE Brief Synopsis of the Subject, Substance and Issues: The Department of Natural Resources and Environmental Control, Division of Water Resources, Ground Water Discharges Section, held a public hearing on September 13, 2004 to receive comments on proposed amendments to the Regulations Governing the Design, Installation and Operation of On-Site Wastewater Treatment & Disposal Systems. The proposed amendments and a notice of the September 13, 2004 public hearing were published in the Delaware Register of Regulations on August 1, 2004. In response to public comments, evidence and information provided to the agency regarding Section 5.11015(a) and Section 9.01015 since the public hearing, the Department is revising the number of lots which would require the utilization of a community wastewater treatment and disposal system instead of individual on-site wastewater treatment and disposal systems from 200 lots to 50 lots. therefore, these sections of the regulations are being published in their modified form and presented at a public hearing to provide the public an additional opportunity to submit comments before all of the amendments are promulgated in the manner required by law. Notice Of Public Comment: The Department Of Natural Resources And Environmental Control, Division Of Water Resources, Ground Water Discharges Section, Held A Public Hearing On September 13, 2004 To Receive Comments On Proposed Amendments To The Regulations Governing The Design, Installation And Operation Of On-site Wastewater Treatment & Disposal Systems. The Proposed Amendments And A Notice Of The Public Hearing Were Published In The Delaware Register Of Regulations On August 1, 2004. In Response To Public Comments, Evidence And Information Provided To The Agency Since The Public Hearing Regarding Section 5.11015(A) And Section 9.01015, The Department Is Revising The Number Of Lots Which Would Require The Utilization Of A Community Wastewater Treatment And Disposal System Instead Of Individual On-site Wastewater Treatment And Disposal Systems From 200 Lots To 50 Lots. The Department Will Conduct A Public Hearing On Monday, January 10, 2004 At 6:00 P.m. In The Dnrec Auditorium At 89 Kings Highway, Dover, De To Provide The Public An Additional Opportunity To Comment On These Revisions. Comments On The Proposed Revisions Should Be Submitted In Writing To Lisa Vest, Office Of The Secretary, Dnrec, 89 Kings Hwy., Dover, De 19901. Copies Of The Department’s Proposed Revisions To Section 5. 11015 (A) And Proposed Section 9.01015 Are Available By Contacting Jack Hayes At (302) 739-4761. SUBSCRIBE TO THE OFFICIAL SOURCE OF COMPLETE INFORMATION ON DELAWARE STATE REGULATIONS THE DELAWARE REGISTER OF REGULATIONS A single-source document for regulatory information, including proposed and adopted text of state regulations, all emergency regulations, Governors Executive Orders and Appointments, Attorney General Opinions, General Notices and notices of public hearings and open meetings of state agencies. 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