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 The Delaware Register will publish any regulations that are proposed to be adopted, amended or repealed and any emergency regulations promulgated.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and other interested parties may participate in the process by which administrative regulations are adopted, amended or repealed, and may initiate the process by which the validity and applicability of regulations is determined.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file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title.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 JULY 1JUNE 154:30 P.M. AUGUST 1JULY 154:30 P.M. SEPTEMBER 1AUGUST 164:30 P.M. OCTOBER 1SEPTEMBER 154:30 P.M. NOVEMBER 1OCTOBER 154:30 P.M. DIVISION OF RESEARCH STAFF: Deborah A. Porter, Interim Supervisor; Rochelle Yerkes, Administrative Specialist II.; Sandra F. Clark, Administrative Specialist II; Kathleen Morris, Unit Operations Support Specialist; Jeffrey W. Hague, Registrar of Regulations; Victoria Schultes, 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........................................................ 1599 PROPOSED DEPARTMENT OF AGRICULTUREHARNESS RACING COMMISSION Rule 5.1.8.16, Reporting Requirements-Confidentiality, 8.4.3.2.1, Procedure for Taking Specimens.......... 1609 Standardbred Breeder’s Fund Regulations................... 1627 DEPARTMENT OF EDUCATION879 School Safety Audit.............................................. 1635 880 School Crisis Response Plans............................... 1635 885 Safe Management and Disposal of Surplus Chemicals in the Delaware Public School System....................................................... 1636 PROFESSIONAL STANDARDS BOARD 1502 Educator Mentoring............................................. 1638 DEPARTMENT OF FINANCE Technical Information Memorandum 2004-2 Internet Retail Sale Of Any Tobacco Product.................... 1641 DEPARTMENT OF HEALTH AND SOCIAL SERVICESDIVISION OF SOCIAL SERVICESDivision of Social Services Manual (DSSM) 5311 Notification of Time & Place of Hearing..... 1642 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL DIVISION OF AIR AND WASTE MANAGEMENTHazardous Waste, Regulations Governing................... 1643 DIVISION OF FISH & WILDLIFE Wildlife Regulations: 4.0 Seasons & 7.0 Deer......................................... 1644 DELAWARE STATE FIRE PREVENTION COMMISSIONPart X Ambulance Regulations................................... 1649 DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PROFESSIONAL REGULATION 2500 Board of Pharmacy, 3.0 Pharmacy Requirements &15.0 Automated Pharmacy Systems................................................................ 1666 3900 Board of Clinical Social Work Examiners......... 1667 DEPARTMENT OF AGRICULTUREPesticide Regulations................................................... 1674 Poultry Disease Prevention Regulations...................... 1691 DEPARTMENT OF EDUCATION103 Accountability for Schools, Districts and the State................................................................ 1692 1006 Delaware Interscholastic Athletic Association (DIAA); 1007 (Previously 1050) DIAA Sportsmanship; 1008 DIAA Junior High/Middle School Interscholastic Athletics; 1009, DIAA Senior High School Interscholastic Athletics....... 1698 PROFESSIONAL STANDARDS BOARD 1516 Standard Certificate............................................ 1742 1530 Certificate Administrative Principal/Assistant Principal; 1531 Certification Administrative- School Leader I; and 1532 Certification Adminis- trative- School Leader II....................................... 1744 1556 Standard Certificate Primary Teacher................. 1747 1557 Standard Certificate Middle Level Teacher........ 1749 1559 (Previously 341) Standard Certification Trade and Industrial Education (T & I) Teacher............ 1751 1582 (Previously 382) Certification School Social Work Services....................................................... 1755 DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF PUBLIC HEALTH108 Hearing Aid Loan Bank Program Regulations..... 1758 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL DIVISION OF AIR AND WASTE MANAGEMENTDelaware Phase II Attainment Demonstration for the Philadelphia-Wilmington-Trenton Ozone Non-Attainment Area Including a Revision of the Mid-Course Review Schedule.................... 1763 Aboveground Storage Tanks, Regs Governing............ 1765 DIVISION OF PARKS AND RECREATIONDelaware State Parks Rules & Regulations................. 1768 DEPARTMENT OF SAFETY ANDHOMELAND SECURITYBounty Hunter/Bail Enforcement Agents.................... 1782 GOVERNOR Executive Order No. 54, Review Panels for School Assessments and Performance Standards.................... 1785 Executive Order No. 55, Creating The First State Historical Park Task Force.................................... 1786 Appointments............................................................... 1788 GENERAL NOTICES DEPARTMENT OF TRANSPORTATIONSpeed Restriction for Highways Using Variable Speed Limit Technology....................................... 1790 CALENDAR OF EVENTS/HEARING NOTICES Dept. of Agriculture, Harness Racing Commission, Notice of Public Hearing ...................................... 1794 Standardbred Breeder’s Fund, Notice of Public Comment Period................................................... 1794 State Board of Education Monthly Meeting Notice..... 1794 Dept. of Health & Social Services, Div. of Social Services, Notice of Public Comment Period......... 1794 Dept. of Natural Resources & Environmental Control, Div. of Air & Waste Management, Notice of Public Hearing...................................................... 1795 Div. of Fish & Wildlife, Notice of Public Hearing................................................................ 1795 Delaware River Basin Commission............................. 1795 DELAWARE FIRE PREVENTION COMMISSION Part X Ambulance Regulations...............................................................................................7 DE Reg. 1039 (Prop.) DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PROFESSIONAL REGULATION (TITLE 24 DELAWARE ADMINISTRATIVE CODE) 100 Board of Accountancy....................................................................................................7 DE Reg. 7 (Prop.) 7 DE Reg. 494 (Final) 700 Board of Chiropractic.....................................................................................................7 DE Reg. 36 (Final) 1300 Board of Examiners of Private Investigators and Private Security Agencies................7 DE Reg. 1173 (Final) 7 DE Reg. 1375 (Prop.) 1400 Board of Electrical Examiners.......................................................................................7 DE Reg. 697 (Prop.) 7 DE Reg. 1167 (Final) 1700 Respiratory Care Practice Advisory Council of the Delaware Board of Medical Practice...........................................................................................................................7 DE Reg. 384 (Prop.) 7 DE Reg. 761 (Final) 1900 Board of Nursing7 DE Reg. 158 (Final) 2100 Board of Optometry......................................................................................................7 DE Reg. 545 (Prop.) 7 DE Reg. 912 (Final) 2500 Board of Pharmacy, .....................................................................................................7 DE Reg. 239 (Prop.) 7 DE Reg. 309 (Final) 7 DE Reg. 546 (Prop.) 7 DE Reg. 693 (Errata) 7 DE Reg. 914 (Final) 3.0, Pharmacy Requirements & 15.0 Automated Pharmacy Systems ............................7 DE Reg. 1237 (Prop.) 2700 Board of Professional Land Surveyors.........................................................................7 DE Reg. 385 (Prop.) 7 DE Reg. 918 (Final) 3600 Board of Professional Geologists.................................................................................7 DE Reg. 853 (Prop.) 7 DE Reg. 1342 (Final) 3900 Board of Clinical Social Work Examiners....................................................................7 DE Reg. 854 (Prop.) 5300 Board of Massage and Bodywork.................................................................................7 DE Reg. 40 (Final) PUBLIC SERVICE COMMISSIONRegulation Docket No. 50, Consideration of Rules, Standards and Indices to Ensure Reliable Electrical Service by Electric Distribution Companies............................ .....7 DE Reg. 243 (Prop.) 7 DE Reg. 762 (Final) Regulation Docket No. 53, Regulations Governing Termination of Residential Electric or Natural Gas Service by Public Utilities for Non-Payment During Extreme Seasonal Temperature Conditions...................................................................................7 DE Reg. 550 (Prop.) 7 DE Reg. 922 (Final) DEPARTMENT OF AGRICULTURE Plant Pests.................................................................................................................................7 DE Reg. 1235(Emer.) Poultry.................................................................................................................................7 DE Reg. 1038(Emer.) Poultry, Order Rescinding Emergency Regulation7 DE Reg. 1236(Emer.) 7 DE Reg. 1374(Emer.) Poultry Disease Prevention Regulations........................................................................................7 DE Reg. 1241(Prop.) Standardbred Breeder’s Fund Regulations.....................................................................................7 DE Reg. 119 (Prop. 7 DE Reg. 497 (Final) Nutrient Management Program 703 Mandatory Nutrient Management Plan Reporting Implementation Regulation.............7 DE Reg. 160 (Final) Harness Racing Commission Rules 3.0 Officials, 6.0 Types of Races and 8.0 Veterinary Practices, Equine Health Medication...........................................................................................................7 DE Reg. 861 (Prop.) 7 DE Reg. 1512 (Final) Rule 7.0, Rules of the Race, Sections 7.6.6.3 and 7.3.9.........................................................7 DE Reg. 42 (Final) Rule 8.3.3.5, Erythropietin........................................... ...................................................7 DE Reg. 1378 (Prop.) Pesticides Section Pesticide Regulations..............................................................................................................7 DE Reg. 1056 (Prop.) Thoroughbred Racing Commission Rule 1.28, Meeting..................................................................................................................7 DE Reg. 316 (Final) Rule 3.02, Appointment of Stewards........................... ...................................................7 DE Reg. 316 (Final) Rule 6.02, Requirements for Owner's Registration...............................................................7 DE Reg. 389 (Prop.) 7 DE Reg. 766 (Final) Rule 13.05 Thirty Day Prohibition-Racing Claimed Horse ..................................................7 DE Reg. 324 (Final) Rule 13.12, Claiming Races...................................................................................................7 DE Reg. 978 (Prop.) 7 DE Reg. 1540 (Final) Rule 15.1.3.1.13, Erythropietin (EPO)...................................................................................7 DE Reg. 978 (Prop.) Rule 15.12, Intermittent Hypoxic Treatment by External Device..........................................7 DE Reg. 389 (Prop.) 7 DE Reg. 766 (Final) Rule 19.01, Procedure Before Stewards...................... ........................................................7 DE Reg. 316 (Final) DEPARTMENT OF EDUCATION (TITLE 14 DELAWARE ADMINISTRATIVE CODE) 101 Delaware Student Testing Program........................................................................................7 DE Reg. 51 (Final) 7 DE Reg. 325 (Final) 103 School Accountability for Academic Performance7 DE Reg. 57 (Final) 7 DE Reg. 1244 (Prop.) 104 Education Profiles for the Schools, Districts and the State....................................................7 DE Reg. 65 (Final) 106 Teacher Appraisal Process-Delaware Performance Appraisal System (DPAS II)..................7 DE Reg. 1072 (Prop.) 7 DE Reg. 1384 (Prop.) 107 Specialist Appraisal Process-Delaware Performance Appraisal System (DPAS II)...............7 DE Reg. 1072 (Prop.) 7 DE Reg. 1384 (Prop.) 108 Administrator Appraisal Process-Delaware Performance Appraisal System (DPAS II).......7 DE Reg. 1072 (Prop.) 7 DE Reg. 1384 (Prop.) 215 Strategic Planning..................................................................................................................7 DE Reg. 10 (Prop.) 7 DE Reg. 330 (Final) 220 Diversity................................................................................................................................7 DE Reg. 554 (Prop.) 7 DE Reg. 887 (Prop.) 7 DE Reg. 1177 (Final) 225 Prohibition of Discrimination................................................................................................7 DE Reg. 556 (Prop.) 7 DE Reg. 888 (Prop.) 7 DE Reg. 1178 (Final) 230 Promotion Regulation............................................................................................................7 DE Reg. 556 (Prop.) 7 DE Reg. 927 (Final) 235 Teacher of the Year................................................................................................................7 DE Reg. 889 (Prop.) 7 DE Reg. 1178 (Final) 240 Recruiting & Training of Professional Educators for Critical Curricular Areas....................7 DE Reg. 703 (Prop.) 7 DE Reg. 994 (Final) 245 Michael C. Ferguson Achievement Awards Scholarship.......................................................7 DE Reg. 707 (Prop.) 7 DE Reg. 998 (Final) 255 Definitions of Public School and Private School...................................................................7 DE Reg. 254 (Prop.) 7 DE Reg. 618 (Final) 275 Charter Schools......................................................................................................................7 DE Reg. 125 (Prop.) 7 DE Reg. 557 (Prop.) 7 DE Reg. 928 (Final) 505 High School Graduation Requirements and Diplomas...........................................................7 DE Reg. 982 (Prop.) 7 DE Reg. 1344 (Final) 511 Credit Requirements for High School Graduation.................................................................7 DE Reg. 891 (Prop.) 511 Credit Requirements for High School Graduation.................................................................7 DE Reg. 982 (Prop.) 7 DE Reg. 1344 (Final) 515 High School Diplomas and Certificate of Performance.........................................................7 DE Reg. 891 (Prop.) 7 DE Reg. 986 (Prop.) 7 DE Reg. 1344 (Final) 520 Options for Awarding Credit Toward High School Graduation............................................7 DE Reg. 891 (Prop.) 7 DE Reg. 986 (Prop.) 7 DE Reg. 1344 (Final) 608 Unsafe School Choice Option for Students in Persistently Dangerous Schools and for Students Who Have Been Victims of a Violent Felony..........................................................7 DE Reg. 67 (Final) 610 Comprehensive School Discipline Program..........................................................................7 DE Reg. 10 (Prop.) 7 DE Reg. 331 (Final) 612 (Formerly 876) Possession, Use or Distribution of Drugs and Alcohol ................................7 DE Reg. 403 (Prop.) 7 DE Reg. 767 (Final) 615 School Attendance.................................................................................................................7 DE Reg. 130 (Prop.) 7 DE Reg. 619 (Final) 707 Salary continuation: Operation Noble Eagle and Enduring Freedom.....................................7 DE Reg. 708 (Prop.) 7 DE Reg. 1000 (Final) 805 The School Health Tuberculosis (TB) Control Program ......................................................7 DE Reg. 1393 (Prop.) 811 School Health Record Keeping Requirements,......................................................................7 DE Reg. 68 (Final) 815 Physical Examinations and Screening ..................................................................................7 DE Reg. 68 (Final) 817 Administration of Medications and Treatments......................................................................7 DE Reg. 68 (Final) 878 Guidelines for the School Districts to Comply with the Gun Free Schools Act....................7 DE Reg. 12 (Prop.) 7 DE Reg. 333 (Final) 881 Releasing Students to Persons Other Than Their Parents or Legal Guardians......................7 DE Reg. 131 (Prop.) 7 DE Reg. 504 (Final) 901 Education of Homeless Children & Youth.............................................................................7 DE Reg. 254 (Prop.) 7 DE Reg. 620 (Final) 1025 Delaware Interscholastic Athletic Association (DIAA)........................................................7 DE Reg. 1081 (Prop.) 7 DE Reg. 1251 (Prop.) 1102 Standards for School Bus Chassis and Bodies Placed in Production on March 1, 2002......7 DE Reg. 563 (Prop.) 7 DE Reg. 933 (Final) 1049 DIAA Definitions..................................................................................................................7 DE Reg. 1081 (Prop.) 7 DE Reg. 1251 (Prop.) 1050 DIAA Sportsmanship............................................................................................................7 DE Reg. 1081 (Prop.) 7 DE Reg. 1251 (Prop.) 1051 DIAA Senior High School Interscholastic Athletics............................................................7 DE Reg. 406 (Prop.) 7 DE Reg. 770 (Final) 7 DE Reg. 1081 (Prop.) 7 DE Reg. 1251 (Prop.) 1052 DIAA Junior High/Middle School Interscholastic Athletics................................................7 DE Reg. 1081 (Prop.) 7 DE Reg. 1251 (Prop.) 1053 DIAA Waiver Procedure..................................... ..........................................................7 DE Reg. 1081 (Prop.) 7 DE Reg. 1251 (Prop.) 1054 DIAA Investigative Procedure............................ ..........................................................7 DE Reg. 1081 (Prop.) 7 DE Reg. 1251 (Prop.) 1055 DIAA Appeal Procedure..................................... ..........................................................7 DE Reg. 1081 (Prop.) 7 DE Reg. 1251 (Prop.) 1056 Recognition of Officials’ Associations.................................................................................7 DE Reg. 1081 (Prop.) 7 DE Reg. 1251 (Prop.) 1101 Standards for School Bus Chassis and Bodies Placed in Production After March 1, 1998..7 DE Reg. 1123 (Prop.) 7 DE Reg. 1545 (Final) 1105 School Transportation...........................................................................................................7 DE Reg. 1123 (Prop.) 7 DE Reg. 1546 (Final) PROFESSIONAL STANDARDS BOARD 120 Required Inservice Training Activities For Delaware Public School Administrators, Repeal Of...............................................................................................................................7 DE Reg. 894 (Prop.) 120 Required Inservice Training Activities For Delaware Public School Administrators, Repeal Of...............................................................................................................................7 DE Reg. 1180 (Final) 301 General Regulations for Certification of Professional Public School Personnel...................7 DE Reg. 161 (Final) 321 Certification Agriculture Teacher........................ ..............................................................7 DE Reg. 416 (Prop.) 7 DE Reg. 775 (Final) 322 Certification Business Education Teacher.............................................................................7 DE Reg. 417 (Prop.) 7 DE Reg. 775 (Final) 325 Certification English Teacher............................... ...............................................................7 DE Reg. 418 (Prop.) 7 DE Reg. 775 (Final) 328 Certification Foreign Language Teacher Comprehensive......................................................7 DE Reg. 418 (Prop.) 7 DE Reg. 775 (Final) 329 Certification Foreign Language Secondary...........................................................................7 DE Reg. 419 (Prop.) 7 DE Reg. 775 (Final) 330 Certification Foreign Language Teacher Elementary............................................................7 DE Reg. 420 (Prop.) 7 DE Reg. 775 (Final) 333 Certification Journalism Teacher, Repeal..............................................................................7 DE Reg. 412 (Prop.) 7 DE Reg. 777 (Final) 335 Certification Mathematics Teacher........................................................................................7 DE Reg. 421 (Prop.) 7 DE Reg. 775 (Final) 337 Certification Bilingual Teacher (Spanish) Secondary............................................................7 DE Reg. 422 (Prop.) 7 DE Reg. 775 (Final) 338 Certification Social Studies Teacher......................................................................................7 DE Reg. 423 (Prop.) 7 DE Reg. 775 (Final) 339 Certification Speech Teacher, Repeal....................................................................................7 DE Reg. 412 (Prop.) 7 DE Reg. 777 (Final) 341 Certification Trade and Industrial (T & I) Teacher ..........................................................7 DE Reg. 1294 (Prop.) 342 Endorsement Trade and Industrial Teacher............................................................................7 DE Reg. 986 (Prop.) 7 DE Reg. 1347 (Final) 343 Certification Art Teacher Comprehensive.............................................................................7 DE Reg. 424 (Prop.) 7 DE Reg. 775 (Final) 344 Certification Art Teacher Elementary....................................................................................7 DE Reg. 424 (Prop.) 7 DE Reg. 775 (Final) 345 Certification Art Teacher Secondary......................................................................................7 DE Reg. 425 (Prop.) 7 DE Reg. 775 (Final) 346 Certification Heath Education Teacher..................................................................................7 DE Reg. 425 (Prop.) 7 DE Reg. 775 (Final) 348 Music Teacher Comprehensive..............................................................................................7 DE Reg. 426 (Prop.) 7 DE Reg. 775 (Final) 349 Music Teacher Elementary.....................................................................................................7 DE Reg. 427 (Prop.) 7 DE Reg. 775 (Final) 350 Certification Music Teacher Secondary.................................................................................7 DE Reg. 427 (Prop.) 7 DE Reg. 775 (Final) 351 Certification Physical Education Teacher Comprehensive....................................................7 DE Reg. 428 (Prop.) 7 DE Reg. 775 (Final) 352 Certification Physical Education TeacherElementary............................................................7 DE Reg. 428 (Prop.) 7 DE Reg. 775 (Final) 353 Certification Physical Education Teacher Secondary............................................................7 DE Reg. 429 (Prop.) 7 DE Reg. 775 (Final) 354 Certification Reading Specialist.................... .....................................................................7 DE Reg. 430 (Prop.) 7 DE Reg. 775 (Final) 355 Certification Early Care and Education Teacher....................................................................7 DE Reg. 431 (Prop.) 7 DE Reg. 775 (Final) 356 Certification Primary Teacher (Grades K-4)..........................................................................7 DE Reg. 432 (Prop.) 7 DE Reg. 775 (Final) 357 Certification Middle Level Teacher (Grades 5-8)..................................................................7 DE Reg. 433 (Prop.) 7 DE Reg. 775 (Final) 358 Certification Bilingual Teacher (Spanish)Primary/middle Level..........................................7 DE Reg. 435 (Prop.) 7 DE Reg. 775 (Final) 361 Certification Teacher Exceptional Children Special Education/Elementary.........................7 DE Reg. 436 (Prop.) 7 DE Reg. 775 (Final) 362 Certification Teacher Exceptional Children Special Education/Secondary...........................7 DE Reg. 437 (Prop.) 7 DE Reg. 775 (Final) 363 Certification Exceptional Children Teacher Gifted/Talented.................................................7 DE Reg. 410 (Prop.) 364 Certification Interpreter Tutor for the Hearing Impaired.......................................................7 DE Reg. 986 (Prop.) 365 Certification Resident Advisor...............................................................................................7 DE Reg. 986 (Prop.) 373 Certification Coordinator, Cooperative Occupational/Vocational Education and/or Work- Study Programs.......................................................................................................................7 DE Reg. 986 (Prop.) 7 DE Reg. 1347 (Final) 374 Certification Counselor Career Guidance and Placement......................................................7 DE Reg. 986 (Prop.) 7 DE Reg. 1347 (Final) 375 Certification Counselor – Elementary School.......................................................................7 DE Reg. 438 (Prop.) 7 DE Reg. 775 (Final) 376 Certification Counselor – Secondary School.........................................................................7 DE Reg. 439 (Prop.) 7 DE Reg. 775 (Final) 377 Certification Human Relations Specialists, Repeal...............................................................7 DE Reg. 412 (Prop.) 7 DE Reg. 777 (Final) 378 Intern, Repeal.........................................................................................................................7 DE Reg. 412 (Prop.) 7 DE Reg. 777 (Final) 382 Certification School Social Work Services........... ..........................................................7 DE Reg. 1298 (Prop.) 383 Visiting Teacher.....................................................................................................................7 DE Reg. 986 (Prop.) 7 DE Reg. 1347 (Final) 390 Delaware Licensure for Teachers Holding National Board for Professional Teaching Standards Certification............................................................................................................7 DE Reg. 585 (Prop.) 7 DE Reg. 955 (Final) 392 Middle Level Certification, Repeal........................................................................................7 DE Reg. 412 (Prop.) 7 DE Reg. 777 (Final) 605 Student Rights and Responsibilities.......................................................................................7 DE Reg. 187 (Final) 905 Federal Programs General Complaint Procedures.................................................................7 DE Reg. 188 (Final) 1501 Knowledge, Skills And Responsibility Based Supplements For Educators ........................7 DE Reg. 1396 (Prop.) 1504 Delaware Performance Appraisal System for Administrators.............................................7 DE Reg. 13 (Prop.) 1505 Professional Growth Programs, Repeal of7 DE Reg. 1400 (Prop.) 1507 Professional Growth Salary Increments................................................................................7 DE Reg. 709 (Prop.) 7 DE Reg. 1001 (Prop.) 1509 Meritorious New Teacher Candidate Designation................................................................7 DE Reg. 712 (Prop.) 7 DE Reg. 1402 (Prop.) 1510 Issuance of Initial License....................................................................................................7 DE Reg. 262 (Prop.) 7 DE Reg. 623 (Final) 7 DE Reg. 714 (Prop.) 7 DE Reg. 1181 (Final) 1511 Issuance and Renewal of Continuing License......................................................................7 DE Reg. 197 (Final) 7 DE Reg. 988 (Prop.) 7 DE Reg. 1350 (Final) 1512 Issuance & Renewal of Advanced License..........................................................................7 DE Reg. 585 (Prop.) 7 DE Reg. 956 (Final) 1514 Revocation of Licenses...................................... ...............................................................7 DE Reg. 265 (Prop.) 7 DE Reg. 627 (Final) 1516 Standard Certificate..............................................................................................................7 DE Reg. 267 (Prop.) 7 DE Reg. 629 (Final) 7 DE Reg. 718 (Prop.) 7 DE Reg. 1004 (Final) 7 DE Reg. 1300 (Prop.) 1526 Certification English to Speakers of Other Languages........................................................7 DE Reg. 440 (Prop.) 7 DE Reg. 775 (Final) 1528 Foreign Language Teacher Comprehensive..........................................................................7 DE Reg. 1404 (Prop.) 1529 Foreign Language Teacher Secondary..................................................................................7 DE Reg. 1404 (Prop.) 1530 Certification - Administrative - School Principal................................................................7 DE Reg. 190 (Final) 1530 Certification - Administrative - School Principal................................................................7 DE Reg. 1302 (Prop.) 1531 Certification - Administrative - School Leader I.................................................................7 DE Reg. 190 (Final) 1532 Certification - Administrative - School Leader II................................................................7 DE Reg. 190 (Final) 1533 Foreign Language Teacher Elementary................................................................................7 DE Reg. 1404 (Prop.) 1537 Bilingual Teacher (Spanish) Secondary................................................................................7 DE Reg. 1404 (Prop.) 1540 Certificate Science Teacher..................................................................................................7 DE Reg. 441 (Prop.) 7 DE Reg. 775 (Final) 1541 Standard Certificate – Mathematics Teacher –Middle Level...............................................7 DE Reg. 442 (Prop.) 7 DE Reg. 775 (Final) 1542 Standard Certificate – Science Teacher –Middle Level.......................................................7 DE Reg. 443 (Prop.) 7 DE Reg. 775 (Final) 1547 (Formerly 347) Certification Library/Media Specialist........................................................7 DE Reg. 258 (Prop.) 7 DE Reg. 632 (Final) 1556 Standard Certificate Primary Teacher................. ..........................................................7 DE Reg. 1305 (Prop.) 1557 Standard Certificate Middle Level Teacher. .................................................................7 DE Reg. 1307 (Prop.) 1558 Bilingual Teacher (Spanish) Primary/Middle Level.............................................................7 DE Reg. 1404 (Prop.) 1563 Standard Certificate, Teacher of Gifted and Talented Students............................................7 DE Reg. 779 (Final) 1580 (Formerly 380) Certification School Nurse.........................................................................7 DE Reg. 260 (Prop.) 7 DE Reg. 633 (Final) 1584 Permits, School, Classroom Aides and Autistic Residential Child Care Specialists............7 DE Reg. 720 (Prop.) 7 DE Reg. 1006 (Final) 1593 Delaware Professional Teaching Standards.........................................................................7 DE Reg. 75 (Final) PUBLIC EMPLOYMENT RELATIONS BOARD Rule 12, Binding Grievance Arbitration.................................................................................7 DE Reg. 397 (Prop.) 7 DE Reg. 823 (Final) DEPARTMENT OF FINANCE GAMING CONTROL BOARD Bingo Regulations...................................................................................................................7 DE Reg. 1409 (Prop.) OFFICE OF THE STATE LOTTERY Lottery Regulations Rule 30, Non-Discrimination on the Basis of Disability in Delaware Lottery Programs......7 DE Reg. 270 (Prop.) 7 DE Reg. 635 (Final) 7 DE Reg. 1010 (Final) Video Lottery Regulations Video Lottery, ........................................................................................................................7 DE Reg. 587 (Prop.) 7 DE Reg. 958 (Final) Video Lottery, Section 5.1, Technology Providers: Contracts; Requirements; Duties, Section 7.15, Game Requirements...................................................................................7 DE Reg. 202 (Final) Video Lottery, Section 5.0, Technology Providers: Contracts; Requirements; Duties, Section 6.0, Agents: Duties, Section 7.0, Game Requirements.......................................7 DE Reg. 206 (Final) DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF LONG TERM CARE RESIDENTS PROTECTION Adult Abuse Registry, Regulations Governing.......................................................................7 DE Reg. 82 (Final) Assisted Living Facilities, Regulations For............................................................................7 DE Reg. 1413 (Prop.) Regulation 55.0, Neighborhood Homes for Persons with Developmental Disabilities..........7 DE Reg. 132 (Prop.) 7 DE Reg. 504 (Final) Regulation 73.0, Training of Paid Feeding Assistants............................................................7 DE Reg. 1133 (Prop.) Training of Paid Feeding Assistants, Regulations for.............................................................7 DE Reg. 895 (Prop.) 7 DE Reg. 1186 (Final) Training & Qualifications for Nursing Assistants and Certified Nursing Assistants, ..........7 DE Reg. 1309 (Prop.) DIVISION OF PUBLIC HEALTH 108 Hearing Aid Loan Bank Program Regulations................................................................7 DE Reg. 1134 (Prop.) 203 Cancer Treatment Program..............................................................................................7 DE Reg. 1427 (Prop.) Home Health Agencies, Regulations for................................................................................7 DE Reg. 724 (Prop.) Pre-Hospital Advanced Care Directive Regulations..............................................................7 DE Reg. 85 (Final) Public Drinking Water Systems, Regulations Governing.......................................................7 DE Reg. 94 (Final) Regulation for the Certification of Radiation Technologists/Technicians..............................7 DE Reg. 273 (Prop.) 7 DE Reg. 639 (Final) Regulations Pertaining to the Testing of Newborn Infants for Metabolic, Hematologic and Endocrinologic Disorders..................................... ...................................................7 DE Reg. 1310 (Prop.) Uniformed Controlled Substances Act, Rescheduling of Gamma Hydroxy Butyrate (GHB)7 DE Reg. 608 (Prop.) 7 DE Reg. 960 (Final) DIVISION OF SOCIAL SERVICES Independent Therapist Provider for Physical Therapy and Related Services.........................7 DE Reg. 745 (Prop.) 7 DE Reg. 1011 (Final) Prescribed Pediatric Extended Care Program and Title XIX Medicaid State Plan................7 DE Reg. 277 (Prop.) 7 DE Reg. 643 (Final) Title XIX Medicaid State Plan, Attachment 4.18, Client Cost Sharing for Pharmaceutical Services..................................................................................................7 DE Reg. 23 (Prop.) 7 DE Reg. 609 (Prop.) 7 DE Reg. 751 (Prop.) 7 DE Reg. 962 (Final) Beds During Absence from Long-Term Care Facilities..................................................7 DE Reg. 28 (Prop.) 7 DE Reg. 781 (Final) DSSM 1009, Procedures for Serving Non-English Speaking Clients................................................7 DE Reg. 898 (Prop.) 7 DE Reg. 1191 (Final) 2027, Disqualification of Individuals Convicted of Drug Related Offenses .........................7 DE Reg. 299 (Prop.) 7 DE Reg. 647 (Final) 3001, Definitions....................................................................................................................7 DE Reg. 899 (Prop.) 7 DE Reg. 1191 (Final) 3006.3, TANF Employment and Training Activities..............................................................7 DE Reg. 899 (Prop.) 7 DE Reg. 1191 (Final) 3006.4, TANF Employment and Training Activities Which Constitute Participation Under TANF..............................................................................................................................7 DE Reg. 899 (Prop.) 7 DE Reg. 1192 (Final) 3007, TANF Supportive Services and Transitional Benefits.................................................7 DE Reg. 900 (Prop.) 7 DE Reg. 1192 (Final) 3007.1, Child Care.................................................................................................................7 DE Reg. 900 (Prop.) 7 DE Reg. 1192 (Final) 3007.2, Fees, Repeal Of.........................................................................................................7 DE Reg. 900 (Prop.) 7 DE Reg. 1193 (Rep.) 3007.3, CWEP Payments, Repeal Of....................................................................................7 DE Reg. 900 (Prop.) 7 DE Reg. 1193 (Rep.) 3007.4, Accessories For Work Or Training, Repeal of.......................................................... 7 DE Reg. 901 (Prop.) 7 DE Reg. 1193 (Rep.) 3007.5, Remedial Medical, Repeal Of....................................................................................7 DE Reg. 901 (Prop.) 7 DE Reg. 1193 (Rep.) 3011.1, Employment and Training Requirements.................................................................7 DE Reg. 901 (Prop.) 7 DE Reg. 1194 (Final) 3011.2, Sanctions for Failing to Comply With Requirements...............................................7 DE Reg. 902 (Prop.) 7 DE Reg. 1194 (Final) 3021, Unrelated Children.......................................................................................................7 DE Reg. 902 (Prop.) 7 DE Reg. 1194 (Final) 3028.1, Mandatory Composition of Assistance Units............................................................7 DE Reg. 902 (Prop.) 7 DE Reg. 1195 (Final) 3028.2, Optional Composition of Assistance Units................................................................7 DE Reg. 902 (Prop.) 7 DE Reg. 1195 (Final) 3032.1.3, Items/Services Covered...................................................................................7 DE Reg. 903 (Prop.) 7 DE Reg. 1195 (Final) 4001, Family Budget Group.............................................................................................7 DE Reg. 904 (Prop.) 7 DE Reg. 1197 (Final) 4001.1, Examples to Illustrate Rules Regarding Budget Groups...........................................7 DE Reg. 904 (Prop.) 7 DE Reg. 1197 (Final) 4005.1, Child Support Payments TANF...........................................................................7 DE Reg. 905 (Prop.) 7 DE Reg. 1197 (Final) 5100, Legal Base...............................................................................................................7 DE Reg. 96 (Final) 5304, Jurisdiction....................................................................................................................7 DE Reg. 96 (Final) 5312, Responses to Hearing Requests....................................................................................7 DE Reg. 96 (Final) 5402, Hearings on Decisions..................................................................................................7 DE Reg. 96 (Final) 5403, Availability of Documents and Records.......................................................................7 DE Reg. 96 (Final) 5405, Fair Hearing Procedures...............................................................................................7 DE Reg. 96 (Final) 6103, Eligibility.................................................... ..........................................................7 DE Reg. 1135 (Prop.) 7 DE Reg. 1556 (Final) 7002.1, Cash Assistance Overpayments...........................................................................7 DE Reg. 905 (Prop.) 7 DE Reg. 1197 (Final) 9007.1, Citizenship and Alien Status......................................................................................7 DE Reg. 29 (Prop.) 7 DE Reg. 334 (Final) 9038, Verification Subsequent to Initial Certification............................................................7 DE Reg. 30 (Prop.) 7 DE Reg. 336 (Final) 9056, Earned Income.............................................................................................................7 DE Reg. 1136 (Prop.) 7 DE Reg. 1556 (Final) 9057, Unearned Income.........................................................................................................7 DE Reg. 1137 (Prop.) 7 DE Reg. 1556 (Final) 9059, Income Exclusions.......................................................................................................7 DE Reg. 1137 (Prop.) 7 DE Reg. 1556 (Final) 9063.3, Income Averaging......................................................................................................7 DE Reg. 30 (Prop.) 7 DE Reg. 336 (Final) 7 DE Reg. 1139 (Prop.) 7 DE Reg. 1556 (Final) 9068.1 Certification Period Length........................................................................................7 DE Reg. 1431 (Prop.) 9079.1, Through 9079.7..........................................................................................................7 DE Reg. 1140 (Prop.) 7 DE Reg. 1560 (Final) 9081.3, Exempt Aliens............................................................................................................7 DE Reg. 150 (Prop.) 7 DE Reg. 516 (Final) 9085, Reporting Changes........................................................................................................7 DE Reg. 30 (Prop.) 7 DE Reg. 150 (Prop.) 7 DE Reg. 336 (Final) 7 DE Reg. 516 (Final) 9085.2, DSS Responsibilities: Actions on Changes...............................................................7 DE Reg. 336 (Final) 14300, Citizenship and Alienage...........................................................................................7 DE Reg. 212 (Final) 14960, Cost Sharing................................................................................................................7 DE Reg. 23 (Prop.) 7 DE Reg. 609 (Prop.) 7 DE Reg. 962 (Final) 15120.2, Financial Eligibility.................................................................................................7 DE Reg. 32 (Prop.) 7 DE Reg. 339 (Final) 15200, Transitional Medicaid/Initial Eligibility.....................................................................7 DE Reg. 32 (Prop.) 7 DE Reg. 339 (Final) Temporary Assistance For Needy Families Services to Move Families to Work..................7 DE Reg. 905 (Prop.) Temporary Assistance for Needy Families (TANF) program.................................................7 DE Reg. 280 (Prop.) 7 DE Reg. 649 (Final) 7 DE Reg. 898 (Prop.) 7 DE Reg. 1197 (Final) DEPARTMENT OF INSURANCE 1213 Recognition of the 2001 CSO Mortality Table for use in Determining Minimum Reserve Liabilities and Nonforfeiture Benefits.................................................... 7 DE Reg. 444 (Prop.) 7 DE Reg. 783 (Final) 1310, Standards for Prompt, Fair and Equitable Settlement of Claims for Health Care Services...............................................................................................................7 DE Reg. 100 (Final) 1406, Third Party Administrators................................ ...............................................................7 DE Reg. 300 (Final) 7 DE Reg. 668 (Final) DEPARTMENT OF JUSTICE DIVISION OF SECURITIES Delaware Securities Act, Sections 600, 601, 608, 700 and 610.............................................7 DE Reg. 213 (Final) DEPARTMENT OF LABOR Delaware Prevailing Wage Regulation..........................................................................................7 DE Reg. 152 (Prop.) 7 DE Reg. 518 (Final) Payroll Debit Cards........................................................................................................................7 DE Reg. 906 (Prop.) DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL DIVISION OF AIR AND WASTE MANAGEMENT Aboveground Storage Tanks, Regs Governing .....................................................................7 DE Reg. 1143 (Prop.) Amendments to Delaware Phase II Attainment Demonstration For The Philadelphia- Wilmington-Trenton Ozone Non-Attainment Area, Including A Revision of the Mid- Course Review Schedule.................................................................................................7 DE Reg. 907 (Prop.) Chronic Violator Regulation...................................................................................................7 DE Reg. 1198 (Final) 7 DE Reg. 1569 (Final) Delaware 1999 Milestone Compliance Demonstration” For the 1-hour National Ambient Air Quality Standard Of Ground-Level Ozone ..............................................................7 DE Reg. 345 (Final) Delaware Phase II Attainment Demonstration For The Philadelphia-Wilmington-Trenton Ozone Non-Attainment Area Including A Revision of the 2005 Mobile Source Emission Budgets Using MOBILE6...............................................................................7 DE Reg. 353 (Final) DNREC Freedom of Information Act Regulations................................................................7 DE Reg. 1565 (Final) Green Energy Fund Program Regulation7 DE Reg. 1317 (Prop.) Hazardous Waste, Regulations Governing.............................................................................7 DE Reg. 615 (Prop.) 7 DE Reg. 1202 (Final) Reg. No. 30, Title V State Operating Permit Program, Section 2 Definitions.......................7 DE Reg. 446 (Final) 7 DE Reg. 1573 (Final) Reg. No. 38, Emission Standards for Hazardous Air Pollutants for Source Categories, Subpart B.........................................................................................................................7 DE Reg. 6 (Errata) Solid Waste, Regulations Governing......................................................................................7 DE Reg. 1432 (Prop.) DIVISION OF FISH AND WILDLIFE Horseshoe Crab Regs HC-1 thru HC-14.................................................................................7 DE Reg. 220 (Final) Shellfish Regulation 3708.......................................................................................................7 DE Reg. 308 (Prop.) 7 DE Reg. 785 (Final) Shellfish Reg. No. 3768, Oyster Harvest Quota.....................................................................7 DE Reg. 1144 (Prop.) 7 DE Reg. 1578 (Final) Shellfish Reg. No. 3772, Oyster Harvesting Seasons.............................................................7 DE Reg. 1144 (Prop.) 7 DE Reg. 1578 (Final) Tidal Finfish Reg. 3503, Striped Bass Recreational Fishing Season; Methods of Take: Creel Limit; Possession Limit7 DE Reg. 909 (Prop.) 7 DE Reg. 1205 (Final) Tidal Finfish Reg. 3504, Striped Bass Possession Size Limit; Exceptions7 DE Reg. 909 (Prop.) 7 DE Reg. 1205 (Final) Tidal Finfish Reg. No. 3507, Black Sea Bass Size Limits; Trip Limits; Seasons; Quotas ....7 DE Reg. 1145 (Prop.) 7 DE Reg. 1575 (Final) Tidal Finfish Reg. No. 3511, Summer Flounder Size Limits; Possession Limits; Seasons ..7 DE Reg. 1145 (Prop.) 7 DE Reg. 1575 (Final) Tidal Finfish Reg. 3565, License Lotteries for Apprentices...................................................7 DE Reg. 308 (Prop.) 7 DE Reg. 785 (Final) DIVISION OF PARKS AND RECREATION Delaware State Parks Rules & Regulations................. ...................................................7 DE Reg. 1327 (Prop.) DIVISION OF SOIL AND WATER CONSERVATION Delaware Sediment and Stormwater Regulations .................................................................7 DE Reg. 1147 (Prop.) DIVISION OF WATER RESOURCES Surface Water Discharges Section Surface Water Quality Standards.....................................................................................7 DE Reg. 448 (Prop.) DEPARTMENT OF SAFETY AND HOMELAND SECURITY Bounty Hunter/Bail Enforcement Agents......................................................................................7 DE Reg. 1164 (Prop.) Policy Regulation 45, Concerning Driver Improvement Problem Driver Program......................7 DE Reg. 524 (Final) 7 DE Reg. 756 (Prop.) 7 DE Reg. 1017 (Final) DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIESDIVISION OF FAMILY SERVICES Child Protection Registry........................................................................................................7 DE Reg. 340 (Final) 7 DE Reg. 488 (Prop.) 7 DE Reg. 787 (Final) Requirements For Day Care Centers......................................................................................7 DE Reg. 911 (Prop.) DEPARTMENT OF STATE DIVISION OF HISTORICAL & CULTURAL AFFAIRS Historic Preservation Tax Credit, Regulations Governing.....................................................7 DE Reg. 1501 (Prop.) HUMAN RELATIONS COMMISSION Rule 10, Voluntary Termination and Dismissal & Rule 27, Reconsideration.........................7 DE Reg. 34 (Prop.) 7 DE Reg. 793 (Final) 1502 Fair Housing Regulations................................... ...................................................7 DE Reg. 1505 (Prop.) MERIT EMPLOYEES RELATIONS BOARD Rules and Regulations....................................................................................................................7 DE Reg. 493 (Prop.) 7 DE Reg. 799 (Final) Executive Order No. 44, Creating Principles for Responsible Industry in Delaware.............7 DE Reg. 103 Executive Order No. 45, Amendment to Executive Order 20 Regarding State Employees’ Charitable Campaign...................................................................................7 DE Reg. 104 Executive Order No. 46, The Delaware Homeland Security Council ...................................7 DE Reg. 358 Executive Order No. 47, Establishing the Delaware P-20 Council .......................................7 DE Reg. 358 Executive Order No. 48, Amending Executive Order Number Eleven................................. 7 DE Reg. 677 Executive Order No. 49, Creating The Community Notification Working Group ..............7 DE Reg. 677 Executive Order No. 50, Creating The Governor’s Commission On Community-Based Alternatives For Individuals With Disabilities................................................................7 DE Reg. 678 Executive Order No. 51, Declaring December 26, 2003 a Holiday.......................................7 DE Reg. 1022 Executive Order No. 52, Expanding Bidding Competition for State-Funded Purchases.......7 DE Reg. 1022 Executive Order No. 53, Reallocation of State Private Activity Bond Volume Cap for Calendar Year 2003 and Initial Suballocation of State Private Activity Bond Volume Cap for Calendar Year 2004........................................................................................7 DE Reg. 1213 Appointments..........................................................................................................................7 DE Reg. 105 7 DE Reg. 360 7 DE Reg. 831 7 DE Reg. 1208 7 DE Reg. 1580 DELAWARE STATE FIRE PREVENTION COMMISSIONStatutory Authority: 16 Delaware Code, Section 6603 (16 Del.C. §6603) ORDER Part X – Ambulance Regulations This regulation has been revised to reflect consolidation of numerous policies and an upgrade in training requirements and certification of Ambulance Attendants to Delaware Emergency Medical Technicians Basics implemented since 1998 by the Delaware State Fire Prevention Commission. The State Fire Prevention Commission (“the Commission”) held a properly noticed public hearing on April 20, 2004 to receive comment on proposed revisions, to the Commission’s Ambulance Regulations. (Attached to this Order as “Exhibit A”) The attendance sheets and transcribed minutes of this hearing are attached to this Order as “Exhibit B” in lieu of a statement of the summary of evidence. Similarly, those written comments received by the Commission and introduced into evidence at the hearing are attached to this Order as Exhibit “C”. Based upon the evidence received, the Commission finds the following facts to be supported by the evidence. 1.There was no public comment presented concerning the proposed regulations at the public hearing. 2.In written correspondence, Dr. Ross E. Megargel, the State EMS Medical Director, requested that “the county and/or State EMS Medical Director be listed as members of the Basic Life Support Data Assessment Committees.” The Commission accepts Dr. Megargel’s requests and amends Part IX subsection (1) of the Ambulance Regulations to include thte “county and/or State EMS Medical Director” as members of the county’s Basic Life Support (BLS) Data Assessment Committees. THE LAW The State Fire Prevention Commission’s rulemaking authority is provided by 16 Del.C. §6711(b)(2) and §6717(a) that state: §6711. Establishment of operational standards. (a)... (b)Emergency ambulance licensing and certification. (b)(1)... (b)(2)The Commission shall adopt regulations specifying operational standards for ambulances. Regulations so adopted shall also require that the interior of the ambulance and the equipment within the ambulance be sanitary and maintained in good working order and sufficient quantities at all times. §6717. Establishment of State Fire Prevention Commission ambulance service responsibility and authority; ambulance service districts; operational and administrative requirements; ambulance service permits. (a)As the responsible agency for the regulation of ambulance services within the State, the Commission shall adopt regulations applicable to ambulance service providers including but not limited to the establishment of ambulance service districts, establishment of operational and administrative requirements and requirements for certification of ambulance service providers. The Commission shall also have the authority to establish a process for certification renewal and shall have the authority to decertify any agency for noncompliance with its regulations. DECISION The Commission hereby adopts the Ambulance Regulations as proposed with alterations and clarifications noted in this Order and a copy of the Regulations as adopted is attached to this Order. The Commission relies upon its expertise in this area and the evidence presented in the testimony and documents submitted. IT IS SO ORDERED this 18th day of May, 2004 STATE FIRE PREVENTION COMMISSION Kenneth H. McMahon, Chairman W. (Bill) Betts, Jr., Vice Chairman Carlton E. Carey, Sr. Frances J. Dougherty Robert Ricker Daniel W. McGee Jasper H. Lakey Part X, Ambulance Services Regulations I.Purpose The purpose of this regulation is to ensure a consistent and coordinated high quality level of ambulance service throughout the state, focusing on timeliness, quality of care and coordination of efforts. II.Application This regulation shall apply to any person, firm, corporation or association either as owner, agent or otherwise providing either pre-hospital or inter hospital ambulance service meeting the definitions of either “BLS Ambulance Service” or “Non-Emergency Ambulance Service” within the State of Delaware. The following are exempted from this regulation: a.Entities engaged in providing ALS ambulance service. b. a.Privately owned vehicles not ordinarily used in the business of transporting persons who are sick, injured, wounded or otherwise incapacitated or helpless. c. b.A vehicle rendering service as an ambulance in case of a major catastrophe or emergency when the ambulances with permits and based in the locality of the catastrophe or emergency are insufficient to render the services required. d. c.Ambulances based outside the State rendering service in case of a major catastrophe or emergency when the ambulances with permits and based in the locality of the catastrophe or emergency are insufficient to render the services required. e. d.Ambulances owned and operated by an agency of the United States Government. f. e.Ambulances based outside the State engaged strictly in interstate transportation. g. f.A vehicle which is designed or modified and equipped for rescue operations to release persons from entrapment and which is not routinely used for emergency medical care or transport of patients. III.Definitions For the purpose of this policy the following definitions are used: Advanced Life Support (ALS) - The advanced level of pre-hospital and inter hospital emergency care that includes basic life support functions including cardiopulmonary resuscitation, plus cardiac monitoring, cardiac defibrillation, telemetered electrocardiography, administration of anti arrhythmic agents, intravenous therapy, administration of specific medications, drugs and solutions, use of adjunctive medical devices, trauma care and other authorized techniques and procedures. Advertising - Information communicated to the public, or to an individual concerned by any oral, written, or graphic means including, but not limited to, handbills, newspapers, television, billboards, radio, and telephone directories. Ambulance - Any publicly or privately owned vehicle, as certified by the Delaware State Fire Prevention Commission, that is specifically designed, constructed or modified and equipped, and intended to be used for and is maintained or operated for the transportation upon the streets and highways of this state for persons who are sick, injured, wounded or otherwise incapacitated or helpless. Ambulance Attendant - A person trained in emergency medical care procedures and currently certified by the Delaware State Fire Prevention Commission in accordance with standards prescribed by the Delaware State Fire Prevention Commission. Such course shall be classified as basic life support and shall be the minimum acceptable level of training for certified emergency medical personnel. Ambulance Service District - A geographical area with boundaries which are typically (but not always) aligned to fire service districts within the state as identified and certified by the Delaware State Fire Prevention Commission. BLS Run Report - Standardized Patient Care Report provided by the State EMS office, paper or computerized. Basic Life Support (BLS) - The level of capability which provides noninvasive EMT-B [/Ambulance Attendant] emergency patient care designed to optimize the patient’s chances of surviving an emergency situation. BLS Ambulance Service - Ambulance service which provides BLS level intervention both through the level of personnel and training provided. BLS Ambulance Service Contract - A written contract between either a Primary or Secondary Ambulance Service Provider and an individual, organization, company, site location or complex or other entity for BLS ambulance service. Board State Board Of Medical Practice (Board) - Means the State Board of Medical Practice. The Board of Medical Practice is charged with protecting the consumers of the Delaware healthcare system through the proper licensing and regulation of physicians and other health care professionals. Cardiopulmonary Resuscitation (CPR) – A combination of chest compressions and rescue breathing used during cardiac and respiratory arrest to keep oxygenated blood flowing to the brain. (AHA Manual) Certification – An initial authorization by the Delaware State Fire Prevention Commission to practice the skills of an EMT-Basic/Ambulance Attendant or First Responderspecifying that the individual has successfully completed and passed the approved curriculum and evaluation instruments process. Commission - The State Fire Prevention Commission or a duly authorized representative thereof. Delaware State Fire Prevention Commission (DSFPC) - The State Governing Body mandated in Title 16, Delaware Code whom Regulates the Basic Life Support System in Delaware. DFPC – The Delaware Fire Prevention Commission DOT- United States Department of Transportation DSFS - Delaware State Fire School Delaware Refresher Course - A course of instruction authorized by the DOT respectively for EMT-B or First Responders that prepare the ambulance provider for re-certification by the DFPC or the NREMT A course of instruction for re-certification required by the Delaware State Fire Prevention Commission for EMT-B/Ambulance Attendants and First Responders that meet the guidelines of the DOT Curriculum. Delaware State Fire School (DSFS) - An agency of the Delaware State Fire Prevention Commission which is designated as its duly authorized representative to administer the provisions of the Ambulance Service Regulations. Delaware Training Standard For Delaware Emt-b/ambulance Attendants & First Responders – The current of United States Department of Transportation Curriculum. EMT-B – Emergency Medical Technician – Basic EMT-B – Bridge Course – A state-approved course of instruction that upon successful completion entitles the provider to sit for the NREMT-B examination. Emergency - A combination of circumstances resulting in a need for immediate pre-hospital emergency medical care. Emergency Medical Dispatch System - Means an a BOARD approved protocol system used by an approved dispatch center to dispatch aid to medical emergencies which must include: •Systematized caller interrogation questions •Systematized pre-arrival instruction; and •Protocols matching the dispatcher’s evaluation of injury or illness severity with vehicle response mode and configuration. Emergency Medical Services (Ems) Provider – Individual providers certified by the Delaware State Fire Prevention Commission to perform pre hospital care. For the purposes of this regulation this includes EMT-B[Ambulance Attendant] and First Responders. Emergency Medical Technician (EMT) - A person trained, and currently certified by the State Fire Prevention Commission in emergency medical care procedures through a course which meets the objectives of the National Standard Curriculum. Emergency Medical Technician – Basic (EMT-B) – The individual as defined in Title 16 of Delaware Code who provides patient care on an ambulance and has completed the National Department of Transportation curriculum and initially certified as a National Registered and Delaware Emergency Medical Technician-Basic and upon re-certification chooses to meet the State of Delaware requirements. Emergency Mission - The BLS and ALS response to the needs of an individual for immediate medical care in order to prevent loss of life or aggravation or physiological of psychological illness or injury. First Responder - An individual who has to take the First Responder Course as provided by the Delaware State Fire School that meets the DOT curriculum. First Responder Curriculum – The United States Department of Transportation National Standard Curriculum for First Responders. Center For Medicare/Medicaid Services (CMS) - The Federal Agency which oversee Medicare Billing and Ambulance Standard. HIPAA - Health Insurance Probability and Accountability Act of 1996. Hospital - An institution having an organized medical staff which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic and therapeutic services or rehabilitation services for the care or rehabilitation of injured, disabled, pregnant, diseased, sick or mentally ill persons. The term includes facilities for the diagnosis and treatment of disorders within the scope of specific medical specialties, but not facilities caring exclusively for the mentally ill. Medical Command Facility - The distinct unit within a hospital which meets the operational, staffing and equipment requirements established by the Secretary, Delaware Health and Social Services for providing medical control to the providers of advanced life support services. Any hospital that operates an emergency medical facility and desires to be designated as a medical command facility shall maintain and staff such facility on its premises and at its own expense with exception of base station communication devices which shall be an authorized shared expense pursuant to the provisions of Title 16, Chapter 98. Medical Control - shall mean directions and advice normally provided from a centrally designated medical facility operating under medical supervision, supplying professional support through radio or telephonic communication for on-site and in-transit basic and advanced life support services given by field and satellite facility personnel. Medical Control Physician - Any physician board-certified or board-prepared in emergency medicine, or a physician certified on advanced trauma life support (ATLS) and advanced cardiac life support (ACLS) who is credentialed by the hospital within which a medical command facility is located, and who is authorized by the medical command facility to give medical commands via radio or other telecommunication devices to a paramedic. When a medical control physician establishes contact with a paramedic, and provides medical control instructions that exceed or otherwise modify the standing orders of the statewide standard treatment protocol, the paramedic shall, solely for the purpose of compliance with the Medical Practices Act, be considered to be operating under the license of said medical control physician. Mobilization Time - The total time from station alert to the time an ambulance “is in service”.\ NREMT – The National Registry of Emergency Medical Technicians. National Department Of Transportation (DOT) – Emergency Medical Technician Curriculum - A curriculum developed and adopted by the Federal Government as a recommended guide for people providing emergency care in the field. National Registry Of Emergency Medical Technicians (NREMT) - The nationally recognized organization for the testing and registering of persons who have completed a DOT, EMT-Basic course and First Responder Courses. National Registered Emergency Medical Technician – Basic (NREMT-B) - a person who completed the DOT curriculum and passes passed the National Registry of Emergency Medical Technicians Examination. Non-emergency Ambulance Service - Ambulance service which provides routine transport of persons who are sick, convalescent, incapacitated and non-ambulatory but do not ordinarily require emergency medical treatment while in transit. OEMS – Office of Emergency Medical Services, Division of Public Health. Office Of Emergency Medical Services (OEMS) - The State Agency Mandated in Title 16 that serves as the designated representative of the NREMT; provides medical advise and direction; regulates the statewide automatic external defibrillator program; and coordinates data collection activities for the EMS system. Patient - An individual who is sick, injured, wounded or otherwise incapacitated or helpless and/or seeks who needs immediate medical attention. Pre-hospital Care - Any emergency medical service, including advanced life support, rendered by an emergency medical unit before and during transportation to a hospital or other facility. Primary Ambulance Service - BLS Ambulance Service provided by the Primary Ambulance Service Provider certified by the Delaware State Fire Prevention Commission within a specific ambulance service district. Primary Ambulance Service Provider - An organization or company which has been designated by the Delaware State Fire Prevention Commission as having primary responsibility for providing BLS ambulance service within a specific ambulance service district. Protocols - shall mean written and uniform treatment and care plans for emergency and critical patient statewide that constitutes the standing order of basic life support provider. The treatment protocols shall be prepared by the Board of Medical Practice as defined by House Bill 332 of the 140th General Assembly. Provider - A person who, as an individual or member of a corporation or organization, whether profit-making or nonprofit, on a regular basis gives or offers for sale any supplies, equipment, professional or nonprofessional services, or is capable of giving or offering for sale supplies, equipment or services vital or incidental to the function of an emergency medical service system. Recertification Training - A defined curriculum that once completed allows the individual to continue practicing as an EMT-B/Ambulance Attendant or First Responder for a specific period of time as determined by the Delaware State Fire Prevention Commission. Response Time - The total time from “in-service” the ambulance is notified by dispatch until the ambulance arrives to arrival on the scene. Responsible Charge - The individual who is identified as having both the responsibility and authority to ensure full and complete compliance with all requirements of this regulation. Secondary Ambulance Service - Ambulance Service provided under contract to specific locations within a primary ambulance service district by a BLS Ambulance Service Provider other than the primary provider. Secondary Ambulance Service Provider - An organization or company which provides supplemental BLS ambulance service anywhere in the state and always under specific contractual agreements. Semi Automatic External Defibrillation (AED)Certification – An external computerized defibrillator designed for use in unresponsive victims with no breathing or signs of circulation (AHA Manual). AED Certification – Semi-Automatic External Defibrillation Training and Certification as recognized by the Delaware Board of Medical Practice. II.Training Standard - Effective June 16, 1998, the current of United States Department of Transportation Emergency Medical Technician—Basic National Standard Curriculum shall be the curriculum adopted for the Ambulance Attendants in the State of Delaware. Basic Life Service (BLS) Ambulance Service IV.BLS Ambulance Service Permits A.Any person, firm, corporation or association either as owner, agent or otherwise who furnish, conduct, maintain, advertise or otherwise engage in or profess to be engaged in the business or service of providing BLS Ambulance Service upon the streets or highways of this state shall hold a valid permit as either a Primary or Secondary Ambulance Service Provider issued by the Delaware State Fire Prevention Commission. Application for this permit shall be upon forms provided by the Delaware State Fire PreventionCommission (Appendix B). B.The issuance of a permit hereunder shall not be construed so as to authorize any person, firm, corporation or association to provide ambulance services or to operate any ambulance without compliance with all ordinances and regulations enacted or promulgated by any state, county or municipal government concerning ambulances. C.Prior to issuing an original or renewal permit, the Delaware State Fire Prevention Commission shall determine that all requirements of this regulation are fully met. Additionally, the Delaware State Fire Prevention Commission has the authority to ensure continued compliance with these regulations through the periodic review of records and operations. D.Only companies holding a current, valid BLS Ambulance Service Provider Permit shall be authorized to respond and provide BLS Ambulance Service within the state. E.A Primary or Secondary Ambulance Service Provider may not discontinue BLS ambulance service until a replacement provider has been selected and can assume service with no reduction in service. V. BLS Ambulance Service Districts A.The Delaware State Fire Prevention Commission shall have the authority to establish Ambulance Service Districts as per Title 16 Delaware Code, Section 6717(a). B.The role of Primary Ambulance Service Provider shall be assigned to those fire departments providing BLS Ambulance Service at the time this regulation is officially adopted was initially adopted in 1997. The ambulance service district for these providers shall correspond to their established fire districts as certified by the Delaware State Fire Prevention Commission. C.In those areas in which fire departments are werenot providing BLS Ambulance Service at the time this regulation was officially adopted in 1997, the organization who is currently was providing BLS Ambulance Service shall be designated as the Primary Ambulance Service Provider. The ambulance service district for these providers shall correspond to their current boundaries. VI. Primary And Secondary BLS Ambulance Service Providers A.BLS Ambulance Service may be provided by Primary Ambulance Service Providers within their ambulance service district or in the course of providing mutual aid within other ambulance service districts provided: 1.They have a current permit 2.They are assigned by the Delaware State Fire Prevention Commission as a Primary Ambulance Service Provider B.The Delaware State Fire Prevention Commission shall be authorized to select a new Primary Ambulance Service Provider at such time that: 1.The current Primary Ambulance Service Provider chooses to discontinue service 2.Failure to meet one or more elements of these regulations creates a threat to public safety C.Any organization desiring to assume the role of Primary Ambulance Service Provider will be required to apply to the Delaware State Fire Prevention Commissionshowing adequate cause in the interest of public safety to justify the change. D.BLS Ambulance Service may be provided by Secondary Ambulance Service Providers only to those with whom they have a contract for such service provided they: 1.Have a current permit. 2.Have a written contract to provide BLS Ambulance Service to that specific location or site. 3.Provide the names, locations and conditions of all Secondary Ambulance Service contracts to the Delaware State Fire Prevention Commission within 20 days of contract finalization. VII. BLS Ambulance Service Provider Permit Requirements BLS Administrative Requirements A.Procedures for securing a BLS ambulance service primary or secondary ambulance service permit include: 1.The owner or registered agent must apply to the Delaware State Fire Prevention Commission upon forms provided and according to procedures established by the Delaware State Fire Prevention Commission. 2.The Primary or Secondary Ambulance Service Provider shall either be based in Delaware or maintain an office in Delaware with a full time individual domiciled at that office who is in “Responsible Charge”. 3.All requirements set forth in this regulation must be met before issuance of permit. 4.The Primary or Secondary Ambulance Provider must provide proof of automobile liability insurance in the amount of $1 Million individual, $3 Million aggregate per occurrence.The Primary or Secondary Ambulance Provider must provide proof of liability insurance in the amount of $1 Million blanket liability coverage. B.Permits shall be valid for a period of one year from the permits effective date. Effective date runs for a calendar year. C.The Delaware State Fire Prevention Commission may issue temporary permits when determined to be in the interest of public safety per Title 16. D.On an on-going basis throughout the term of the permit, the owner or individual in “responsible charge” shall be available upon reasonable notification for the purpose of providing documentation on any provisions of this regulation and permitting physical inspection of all facilities and vehicles. E.No ambulance service provider shall advertise or represent that it provides any ambulance service other than authorized to provide under this regulation. F.All individuals or ambulance service providers shall be required to participate in the Delaware State Fire Prevention Commission approved ambulance data collection system which includes: 1.A BLS run report will be completed on all dispatched responses. 2.A completed copy of the report will be left at the hospital receiving the patient, at the time of the call [32.]A completed copy of the report will be forwarded to the state EMS office. EMT-B [Ambulance Attendant’s] must complete, without exception, a written/computer report on each patient contact. Reports must be completed in a timely fashion. [43.]When available, the report will be entered electronically and forwarded to the state EMS office. [54.]Failure to comply with data submission will result in loss of ambulance provider license or EMT-B/Ambulance Attendant Certification. [65.]Submit any other data to the designated agencies as required by the Delaware State Fire Prevention Commission. G.The ambulance company shall provide on an annual basis a financial statement to the Delaware State Fire Prevention Commission. The Delaware State Fire Prevention Commission has the option to withhold funding as per HB 332 for failing to report the financial statement. XIII. Reporting A.Every individual who operates as an ambulance attendant and provides patient care will: 1.Ensure that the State mandated EMS Run paper on computer data report is submitted to ambulance agency for forwarding to the proper collection agency and the receiving health care facility. Failure to comply with data submission will result in loss of ambulance attendant certification. 2.Submit any other data to the designated agencies as required by the State Fire Prevention Commission. BLS Operational Requirements A.Vehicle Standards 1.All ambulances shall be registered and licensed in the State of Delaware by the Delaware Motor Vehicle Department. EXCEPTIONS: a.Those vehicles to which the international registration plan applies b.Those vehicles properly registered in some other state. 2.Vehicles shall have clearly visible letters on both sides and the rear identifying the name of the organization or corporation or the vehicle’s specific identifier as specified under permit documentation. The letters shall be at least three inches in height. 3.Vehicle patient compartment shall conform with the criteria within the GSA Federal Specifications for ambulances (KKK-1822C). B.Equipment Standards Every ambulance shall be equipped with equipment and supplies as specified by the Delaware State Fire Prevention Commission within Appendix “A” and updated annually following recommendations from the Delaware State Fire School Director with concurrence from the Delaware State Fire Prevention Commission’s Medical Advisor Director. C. Staffing Requirements 1.Minimum acceptable crew staffing when transporting a patient shall consist of a driver and one EMT-B/Ambulance Attendant. 2.A minimum of one EMT-B/Ambulance Attendant shall always be in the patient compartment when a patient is present. 3.Within 6 months following adoption of this regulation, BLS ambulance drivers are required to have completed the “Emergency Vehicle Operators” course conducted by the Delaware State Fire School or an equivalent program approved by the Delaware State Fire Prevention Commission. D.Quality Assurance 1.Each Primary and Secondary Ambulance Service Provider shall be responsible for monitoring quality assurance in the form of patient care and both mobilization and response times. The method in which this is accomplished is the authority and responsibility of the Primary or Secondary Ambulance Service Provider. NOTE:For Primary Ambulance Service Providers- this monitoring shall only apply to response within their Primary Ambulance Service District - NOT for mutual aid calls to other ambulance service districts. 2.As identified above, included within the quality assurance program is the responsibility for assuring the public a consistently reasonable response to BLS ambulance calls. In the interest of public safety, primary and secondary ambulance service providers are responsible for meeting the following mobilization and response times: Mobilization Times 80% of all emergency missions within 8 minutes - 1st Year regulation is in effect 85% of all emergency missions within 8 minutes - 2nd Year regulation is in effect 90% of all emergency missions within 8 minutes - 3rd Year regulation is in effect Response Times - 90% of all BLS calls shall not exceed 18 minutes 3.For the purposes of Monitoring quality control, bth mobilization and response times will be monitored based on calendar year quarterly periods. 4.Upon periodic review of both mobilization and response times, the Commission may consider extraordinary weather and traffic conditions as impacting these times. NOTE: As stated above, this regulation is striving to ensure, within a high percentage of ambulance calls, that two goals are met: 1.That ambulances will be in-service within 8 minutes from the time of station alert. 2.That, once an ambulance is in-service, time to arrive on the scene is not more than 18 minutes. NOTE: The intent of this criteria is to cause the review and monitoring of both mobilization and response time. By reviewing these times based on quarterly periods, both mobilization and response times are being monitored relative to the above criteria in order to determine if a problem is developing. Mobilization or response time exceeding the above criteria for any quarter requires review. The same problem(s) occurring for a second period or within a total one year period of time require some form of correction action. The form of corrective action taken is the prerogative of the BLS Ambulance Service Provider and may include but not be limited to the following: Providing an incentive to personnel responding to ambulance calls during problem time periods, providing paid personnel during difficult time periods, contracting with secondary ambulance service providers on an individual or regional basis. Once determined to be necessary, corrective action is required to be implemented within 3 months. Additional corrective action shall be required if monitoring indicates a problem continues to exist. E.Communications Requirements 1.Dispatch Centers a.Dispatch centers for both Primary and Secondary Ambulance Service Providers shall meet the criteria established of NFPA 1221 as amended by the Delaware State Fire Prevention Commission. b.Secondary ambulance service providers dispatch centers shall be responsible for following call taking protocols as established by the Delaware State Fire Prevention Commission. Calls determined to be ALS in nature shall be transferred to the appropriate public safety answering point (PSAP)within 30 seconds of taking the call utilizing a dedicated phone line to that PSAP. c.Calls determined to be BLS in nature shall not be required to be forwarded to the PSAP. d.Dispatch centers shall follow an Emergency Medical Dispatch System approved by the Delaware State Fire Prevention Commission. 2.Ambulances a.All Ambulances shall be equipped with reliable communications systems which permit direct communications with their dispatch center and all medical command facilities with which the ambulance will or may operate. F.SAED Requirements Upon placing an SAED on any ambulance, the ambulance service provider will comply with the Delaware Early Defibrillation Program Administrative Policies as established by the Department of Health and Human Services, Office of Emergency Medical Services. G.Infection Control All ambulance service providers will comply with the infection control requirements in chapter 12A, Title 16 of the Delaware code. H.Medical Control Once medical control is established, Ambulance service providers shall be required to follow all orders issued. I.Center for Medicare Medicaid Services (CMS) All ambulance services providers will comply with the Final Rule in the Federal Register (64F.R3637) revising the Medicare policies for ambulance services adopted February 24, 1999. J.Health Insurance Portability and Accountability Act of 1996 (HIPAA) All ambulance service providers will comply with the HIPAA of 1996. VIII. Compliance A.The owner or registered agent of every ambulance service provider shall provide ambulance service in accordance with the requirements set forth in this regulation and the contractual agreements established as either a primary or secondary Ambulance Service Provider and filed with the Delaware State Fire Prevention Commission in accordance with the provisions set forth in these regulations. Failure to provide this service shall be grounds for suspension or revocation of permit. B.Grievances - All grievances relative to ambulance service shall follow procedures established within the Delaware State Fire Prevention Regulations, Part IX “Fire Service Standards” sections 1.1 through 6.1. C.Penalties - Following review of a valid complaint or upon failure to comply with any provision of this regulation, the Delaware State Fire Prevention Commission, following procedures established within the Delaware State Fire Prevention Regulations, shall have the authority to issue corrective orders, suspend or revoke the provider’s permit. D.Whenever there is reason to believe that any provisions of this regulation have been violated, the ambulance service provider shall be immediately notified. Violations shall require correction within five (5) working days of receipt of notice with the exception of those violations which represent an imminent danger to the public. E.For those violations representing an imminent danger to the public, the Delaware State Fire Prevention Commission shall issue and deliver an order to cease and desist any further ambulance service until such time as the violation has been verified as being corrected and corrective measures accepted by the Delaware State Fire PreventionCommission. F.The continued violation of any element of this regulation or failure or refusal to comply with any order to correct a violation or failure to obey a cease and desist order by any ambulance service provider shall be cause for revocation or suspension of permit by the Delaware State Fire Prevention Commission after determination that the provider is guilty of such violation. G.In addition to (F), it shall be cause for revocation or suspension of a permit after determining the ambulance service provider: (a)Has practiced any fraud, misrepresentation, or deceit in obtaining or renewing a permit (b)Is guilty of gross negligence, incompetence or misconduct in providing services (c)Is guilty of a violation of the codes and regulations adopted by the Delaware State Fire Prevention Commission (d)Has been found guilty of an unfair or deceptive trade practice (e)Has violated any contractual agreement related to providing ambulance service H.Upon issuance of an order, the ambulance service provider accused may request a review of the order by the Delaware State Fire Prevention Commission. All hearings shall be conducted in conformity with procedures established by the Delaware State Fire PreventionCommission. I.Any person aggrieved by a violation or order may file an appeal to the Delaware State Fire Prevention Commission pursuant to Delaware Code, Title 16, Chapter 66, Section 6608. IX. Basic Life Support Data Assessment Committees 1.Members: The Delaware State Fire Prevention Commission, hereinafter referred to as the Commission,hereby establishes Basic Life Support (BLS) Data Assessment Committees, hereinafter referred to as the Committees. There shall be three committees, one in each county of the State of Delaware. Members shall consist of representatives from the County Volunteer Firemen’s Association, the County Fire Chief’s Association, the County Ambulance Association, [County and/or State EMS Medical Directors,]and the County or local Fire and Emergency Medical (EMS) Dispatch Center dispatching the respective Company’s EMS calls. The President of his or her respective Association shall appoint each representative. The manager of the Fire and EMS Dispatch Center dispatching the Company's BLS incidents shall appoint the Dispatch Center representative. The representative from each Association shall serve on their respective Committee until a letter of appointment is received from the respective Association or Dispatch Center indicating replacement of their current representative. 2.Goal Duties: Each Committee shall meet at least biannually, or as necessary, to review their respective County’s Fire and EMS Dispatch Center’s Basic Life Support (BLS) data. They shall review the monthly data for each Ambulance Provider, hereinafter referred to as Provider, in their County. Criteria for review shall include numbers of dispatched calls, scratches, and special circumstances. Each committee shall submit biannually a written report to the Delaware State Fire Prevention Commission, reporting on their reviews, and any suggestions they might have to improve the BLS system or committee procedures. If the Committee deems that a Provider needs improvement in an area, the Committee shall schedule a meeting with that Provider to determine if they can support the Provider in solving the identified problem(s). When meeting with the Provider, the Committee, by consensus, shall select a Chair to mediate discussions presented by the Committee to the Provider. 3.Grievance Procedure In the event that the Committee has problems with the Provider, or the Provider has problems with the Committee, either may forward the problem to the Delaware State Fire Prevention Commission through the normal Grievance Procedures, previously adopted by the Delaware State Fire Prevention Commission. Each Committee shall submit an annual written report to the Commission, reporting on their reviews, and any suggestions they might have to improve the BLS system or Committee procedures. NON-EMERGENCY AMBULANCE SERVICE X.Non-emergency Ambulance Service Permits A.Any person, firm, corporation or association either as owner, agent or otherwise who furnish, conduct, maintain, advertise or otherwise engage in or profess to be engaged in the business or service of providing non-emergency ambulance service upon the streets or highways of this state shall hold a valid permit issued by the Delaware State Fire Prevention Commission. Application for this permit shall be upon forms provided by the Delaware State Fire PreventionCommission (Appendix B). B.The issuance of a permit hereunder shall not be construed so as to authorize any person, firm, corporation or association to provide ambulance services or to operate any ambulance without compliance with all ordinances and regulations enacted or promulgated by any state, county or municipal government concerning ambulances. C.Prior to issuing an original or renewal permit, the Delaware State Fire Prevention Commission shall determine that all requirements of this regulation are fully met. Additionally, the Delaware State Fire PreventionCommission has the authority to ensure continued compliance with these regulations through the periodic review of records and operations. D.Only companies holding a current, valid non-emergency ambulance service provider permit shall be authorized to respond and provide non-emergency ambulance service within the state. XI.Non-emergency Ambulance Service Provider Permit Requirements Administrative Requirements A.Procedures for securing a non-emergency ambulance service permit include: 1.The owner or registered agent must apply to the Delaware State Fire Prevention Commission upon forms provided and according to procedures established by the Delaware State Fire Prevention Commission. 2.The non-emergency ambulance service provider shall either be based in Delaware or maintain an office in Delaware with a full time individual domiciled at that office who is in “Responsible Charge”. 3.All requirements set forth in this regulation must be met before issuance of permit. 4.The non-emergency ambulance service provider must provide proof of liability insurance in the amount of $1 Million blanket liability coverage. 5.The non-emergency ambulance service provider must provide proof of automobile liability insurance in the amount of $1 Million individual, $3 Million aggregate per occurrence. B.Permits shall be valid for a period of one year from the permits effective date. C.The Delaware State Fire Prevention Commission may issue temporary permits when determined to be in the interest of public safety per Title 16. D.On an on-going basis throughout the term of the permit, the owner or individual in “responsible charge” shall be available upon reasonable notification for the purpose of providing documentation on any provisions of this regulation and permitting physical inspection of all facilities and vehicles. E.No ambulance service provider shall advertise or represent that it provides any ambulance service other than authorized to provide under this regulation. Operational Requirements A.Vehicle Standards 1.All ambulances shall be registered and licensed in the State of Delaware by the Delaware Division of Motor Vehicle Department. EXCEPTIONS: a.Those vehicles to which the international registration plan applies. b.Those vehicles properly registered in some other state. 2.Vehicles shall have clearly visible letters on both sides and the rear identifying the name of the organization or corporation or the vehicle’s specific identifier as specified under permit documentation. The letters shall be at least three inches in height. 3.Vehicle patient compartment shall conform with the criteria within the GSA Federal Specifications for ambulances (KKK-A-1822C). B.Equipment Standards Every ambulance shall be equipped with equipment and supplies as specified by the Delaware State Fire Prevention Commission within Appendix “A” and updated annually considering recommendations from the Delaware State Fire School Director with concurrence from the Delaware State Fire Prevention Commission’s Medical Advisor Director. C.Staffing Requirements 1.Minimum acceptable crew staffing when transporting a patient shall consist of a driver and one [EMT-B/Ambulance Attendant ambulance attendant]. 2.A minimum of one [EMT-B/Ambulance Attendant ambulance attendant] shall always be in the patient compartment when a patient is present. D.Communications Requirements Ambulances All Ambulances shall be equipped with a reliable communications systems which permit direct communications with all medical command facilities with which the ambulance will or may operate. E.SAED Requirements Upon placing an SAED on any ambulance, the ambulance service provider will comply with the Delaware Early Defibrillation Program Administrative Policies as established by the Department of Health and Human Services, Office of Emergency Medical Services F.Infection Control All ambulance service providers will comply with the infection control requirements in Chapter 12A, Title 16 of the Delaware code. G.Center for Medicare Medicaid Services (CMS) All ambulance services providers will comply with the Final Rule in the Federal Register (64F.R3637) revising the Medicare policies for ambulance services adopted February 24, 1999. H.Health Insurance Portability and Accountability Act of 1996 (HIPAA) All ambulance service providers will comply with the HIPAA of 1996. XII. Compliance A.The owner or registered agent of every ambulance service provider shall provide ambulance service in accordance with the requirements set forth in this regulation and the contractual agreements established as either a primary or secondary Ambulance Service Provider and filed with the Delaware State Fire Prevention Commission in accordance with the provisions set forth in these regulations. Failure to provide this service shall be grounds for suspension or revocation of permit. B.Grievances - All grievances relative to ambulance service shall follow procedures established within the Delaware State Fire Prevention Regulations, Part IX “Fire Service Standards” Sections 1.1 through 6.1. C.Penalties - Following review of a valid complaint or upon failure to comply with any provision of this regulation, the Delaware State Fire Prevention Commission, following procedures established within the Delaware State Fire Prevention Regulations, shall have the authority to issue corrective orders, suspend or revoke the provider’s permit. D.Whenever there is reason to believe that any provisions of this regulation have been violated, the ambulance service provider shall be immediately notified. Violations shall require correction within five (5) working days of receipt of notice with the exception of those violations which represent an imminent danger to the public. E.For those violations representing an imminent danger to the public, the Delaware State Fire PreventionCommission shall issue and deliver an order to cease and desist any further ambulance service until such time as the violation has been verified as being corrected and corrective measures accepted by the Delaware State Fire PreventionCommission. F.The continued violation of any element of this regulation or failure or refusal to comply with any order to correct a violation or failure to obey a cease and desist order by any ambulance service provider shall be cause for revocation or suspension of permit by the Delaware State Fire Prevention Commission after determination that the provider is guilty of such violation. G.In addition to (F), it shall be cause for revocation or suspension of a permit after determining the ambulance service provider: (a)Has practiced any fraud, misrepresentation, or deceit in obtaining or renewing a permit (b)Is guilty of gross negligence, incompetence or misconduct in providing services (c)Is guilty of a violation of the codes and regulations adopted by the Delaware State Fire Prevention Commission (d)Has been found guilty of an unfair or deceptive trade practice (e)Has violated any contractual agreement related to providing ambulance service H.Upon issuance of an order, the ambulance service provider accused may request a review of the order by the Delaware State Fire Prevention Commission. All hearings shall be conducted in conformity with procedures established by the Delaware State Fire PreventionCommission. I.Any person aggrieved by a violation or order may file an appeal to the Delaware State Fire Prevention Commission pursuant to Delaware Code, Title 16, Chapter 66, Section 6608. Appendix A Required Ambulance Equipment & Supplies 1 –set Battery Jumper Cables or Dual Battery System 1 -Fire Extinguisher (minimum 5 pound dry chemical) 1 – Portable Resuscitation, Oxygen Inhalation Apparatus 1 –Fixed Oxygen Inhalation Apparatus 1 -Portable Suction Apparatus 1 -Permanently Mounted Suction Apparatus 1 -Adult Bag Mask Ventilator 1 -Child Bag Mask Ventilator 1 -Infant Bag Mask Ventilator 2 –Size “D” or “E” Bottles of Oxygen Splints for two arms & two legs (May be inflatable splints, Timmons splints, or wooden padded boards) 1 -Hare Traction Splint or Equivalent 1 -KED (Or an equivalent Extrication Device) 1 -Spine Board (Or Equivalent CPR Device 2 -Backboards 1 -Orthopedic Stretcher 8 –Extrication Collars (2 large Adult, 2 Medium, 2 Small & 2 Child) 1 -Bandage Shears 1 -Hand Lantern 1 -Set Oropharyngeal Airways Seven Sizes) 1 -Ambulance Cot 1 -Folding Stretcher OR Square Bench 1 -Stair Chair OR Combination Stretcher-Chair 1 -Wrecking Bar – 24” Minimum 2 -Sputum Pans OR Buckets 3 -BP Cuffs (One Large Adult, One Adult & One Child) 1 -Stethoscope 1 -Head Immobilizer for each long backboard 1 -AED (Effective one year from adoption of this regulation) SUPPLIES 1 -Set Dot Triangles 5 –Adhesive Tape (various sizes) 2 –Towels 2 –Blankets 2 -Pillows 24-Sterile Gauze Pads (4”X4”) 6 –Roller Bandage, Self-Adhering type (3” X 5 YD) 2 -Roller Bandage, Self Adhering Type (6” X 5 YD) 1 –Universal Dressing (10”X36”) 3 – Triangular Bandages 2 - Sets of Cot Linens 1 – OB. Kit (Sterile) Including: 2 - Drape Sheets 2 – Pair Rubber Gloves 2 – Receiving Blankets 1 – Bulb Aspirator 2 – Hand Tools 2 – Cord Clamps OR Umbilical Tape 1 –Gallon of Water (Distilled) Trauma Dressings 4 -Ice Packs 12-Surgical Disposable Gloves 4 -Hot Packs 1 -Burn Kit 1 -Sharps Container 6 -Oxygen Masks – Non Rebreathers and 6 Nasal Canules 12– Eye/Mouth/Nose Protection (Disposable) 1 –Child Car Seat Eye Protection Disposable Gowns XIII. Discontinuation Of Service By Ambulance Providers Ambulance Company’s Intent to Discontinue Service A.STEP 1 Any fire department and/or ambulance company desiring to terminate ambulance service in the state of Delaware must notify the Delaware State Fire Prevention Commission in writing 120 days before terminating service. B.STEP 2 Immediately upon notification of a fire department and/or ambulance company’s desire to terminate service, the Chairman or the Vice Chairman of the Delaware State Fire Prevention Commission shall notify the president of the county firemen’s association in which the fire department and/or ambulance company provides service to the residences and visitors of the state of Delaware for that district. C.STEP 3 Immediately upon receiving notification of a fire department and or ambulance company’s desire to terminate service the county firemen’s association president shall appoint a committee. The committee shall include, but not be limited to: two members shall be the President’s of the County Fire Chief’s and County Ambulance Associations or their designees. The County President shall have the right to appoint other members to this committee, as he and/or she may deem necessary. 1.To communicate and offer assistance to the terminating company in an effort to help them continue service. 2.In the event that the county committee is unable to get the company to continue service, they shall then contact the surrounding departments and ascertain and/or develop a plan for those departments to divide the district and continue service. 3.In the event that steps one and two fail the county committee may put forth any and all suggestions they deem viable in order to provide ambulance service to the residences and visitors of the state of Delaware for that district. 4.The committee, through the County Firemen’s Association President, shall report to the Delaware State Fire Prevention Commission within 60 days with their recommendations and/or findings. XIV. Training/Certification All individuals who successfully complete initial EMT-B [Ambulance Attendant] training or a bridge course shall be eligible for and must successfully pass the NREMT examination to receive Delaware EMT-B[/Ambulance Attendant] certification. IV. Effective Date Of Implementation January 1, 2002 all ambulance attendants who provide patient care and ride in the patient care compartment shall be Emergency Medical Technicians – Basic. V Eligibility For Certification/EMT-B/Ambulance Attendant A.Apply to the Delaware State Fire Prevention Commission on the approved application form provided by the Delaware State Fire School. B.An individual may apply for and receive certification as an EMT-B/Ambulance Attendant provided that. 1.They are a member in good standing of a Delaware Fire Department, an Ambulance Organization, a Private Ambulance Provider or any other group, business or industry certified by the Delaware State Fire Prevention Commission to provide ambulance service. 2.They have obtained EMT-B, EMT-I or EMT-Pregistration from the NREMT. 3.The Chief, CEO, or head of the respective organization signs the application. 4.They are compliant with criminal history background check legislation. 5.Must be 18 years of age. 6.Comply with the State of Delaware Immunization policy. VI Certification A.After 2001 [A.] Certification will be obtained by completing a state approved EMT-B[/Ambulance Attendant] Course and passing the National Registry of Emergency Medical Technicians Exam. Every individual who successfully completes the National Registry of Emergency Medical Technician-Basic certification will receive Registration & Certification will be issued for the time period to coincide with the NREMT registration cycle. This is typically a two-year period. Individuals will be issued a Delaware EMT-B[/Ambulance Attendant]certification upon successful completion of initial or bridge course and the NREMT registration process. B.During the Implementation phase from January 1, 1998 to December 31, 2001 initial NREMT-B certification may be obtained in one of two ways: 1.Complete a full Emergency Medical Technician Basic course as offered by a member of the Prehospital Education Consortium of Delaware or other recognized training program and passes the National Registry of Emergency Medical Technicians examination. Prerequisites aMust be 18 years or older bHealthcare Provider CPR cAED Certification 2.Complete an Emergency Medical Technician Bridge course offered by a member of the Prehospital Education Consortium of Delaware or other recognized training program and passes the National Registry of Emergency Medical Technicians examination. Prerequisites aMust posses current ambulance attendant or bEmergency Care Technician certification. CPR/AED cMust be 18 years old or older C.After 2001 certification will be obtained by completing a state approved EMT-B Course and passing the National Registry of Emergency Medical Technicians Exam. D.The Bridge Course will be offered only during implementation which ends December 31, 2001. B.Individuals who take EMT-B[/Ambulance Attendant] class from approved provider other than the Delaware State Fire School are required to meet all Delaware State Fire Prevention Commission requirements for certification. 1.It is the responsibility of the individual applying for certification to provide criminal history background check as specified by Delaware State Fire Prevention Commission. 2.It is the responsibility of the individual applying to provide all necessary documentation for certification to include AED/CPR, protocol training and NREMT-B card. VII Recertification as DELAWARE EMT-B[/Ambulance Attendant] AIndividuals will be re-certified for a two-year period. BAll individuals initially receive both a State and NREMT-B Certification. After the first two years, the department or the individual may: 1.Reregister with the NREMT. The provider will be re-certified as both a Delaware EMT-B and NREMT-B. 2.Re-certify as a Delaware EMT-B. CThe registration requirements for a National Registry of Emergency Medical Technicians – Basic will be determined by the National Registry of Emergency Medical Technicians. DThe re-certification requirements for a Delaware EMT-B will be determined by the Delaware State Fire Prevention Commission, with recommendations of their medical advisor/director. A.Individuals will be re-certified for a two-year period. B.The re-certification requirements for a Delaware EMT-B[/Ambulance Attendant] will be determined by the Delaware State Fire Prevention Commission, with recommendations of their medical advisor/director. C.Requirements for re-certification are: 1.Individuals must submit a request for re-certification to the Delaware State Fire School documenting completion of requirements. a.Requirements •Attend a prescribed DOT/EMT-B[/Ambulance Attendant] refresher •Current CPR/AED certificate D.Re-registration as an NREMT-B: The registration requirements for a National Registry of Emergency Medical Technician – Basic will be determined by the National Registry of Emergency Medical Technicians. 1.Continuing education classes to achieve re-registration through the NREMT will be reviewed for approval by the Office of Emergency Medical Services in accordance with NREMT policy and procedures. E.Active duty military personnel not able to re-certify due to deployment may request for an extension of certification until they are able to return and complete necessary requirements. Upon return the individual shall have 90 days to complete re-certification requirements. VIII Continuing Education Requirements ARequirements for continuing education will be determined by the authority having jurisdiction over type and quantity of Continuing Education required. BSpecial Requirements: 1.Continuing education classes to achieve re-registration through the NREMT will be reviewed for approval by the OEMS in accordance with NREMT policy and procedure. 2.Delaware Continuing Education classes will be approved by the State Fire Prevention Commission with recommendation of their Medical Advisor/Director. IX Decertification AAn EMT-B/Ambulance Attendant will lose their Delaware EMT-B[/Ambulance Attendant] Certification to provide patient care if: 1.They do not meet the required continuing education re-certification requirements as defined by the Delaware State Fire Prevention Commission. 2.Certification is revoked De-certification by the Delaware State Fire Prevention Commission following procedures and in compliance with Delaware State Fire Prevention Regulations, Part IX Fire Service Standards. B.National Registry of Emergency Medical Technicians will revoke certification based upon their national policy. If an individual has their certification revoked by the National Registry of Emergency Medical Technicians the Delaware State Fire Prevention Commission may also revoke decertify their Delaware EMT-B[/Ambulance Attendant] Certification. C.The individual is convicted of an offense as specified in 16 Del C. §6712(b) while currently certified and the procedures in Part X, Section XV, Criminal History Background Check SectionVII of this policy followed. X Expired Certifications A.Maintain state EMT-B certification, but NREMT-B lapsed and wish to regain NREMT-B. 1.Attends DOT EMT-B refresher as specified by National Registry of Emergency Medical Technicians 2.Pass DOT EMT-B Practical Exam 3.Pass National Registry of Emergency Medical Technicians Written Exam B.Both state EMT-B certification and NREMT-B lapsed beyond two years 1.Attend EMT-B course and pass the National Registry of Emergency Medical Technicians exam 2.CPR/AED – Current Certification. C.Both state EMT-B certification and NREMT-B lapsed less than two years 1.DOT EMT-B Refresher 2.CPR/AED Current 3.National Registry of Emergency Medical Technicians/State Practical Exam 4.National Registry of Emergency Medical Technicians written exam. Reinstatement For Delaware EMT-B[/Ambulance Attendant] Delaware EMT-B Reinstatment Policy A.Individual desiring to regain certification as a Delaware EMT-B[/Ambulance Attendant], after the expiration of their certification may do so provided the following conditions are met. •Their card has been expired 18 months or less. •They must attend an approved EMT-B[/Ambulance Attendant] refresher course. •They must take and pass the Delaware Protocol examination. •They must show proof of a current AED and CPR certification. •They must take and pass the current protocol self study course available from the Delaware State Fire School. •They must acquire a Delaware and Federal Background Check at their expense. •They must submit all required paperwork and application for certification to the Delaware State Fire School. B.Individuals whose card has expired 18 months or more must take the entire EMT-B[/Ambulance Attendant]course and National Registry Examination. C.Individuals desiring to regain registration as an NREMT-B must follow the policies of the National Registry Organization. XI Testing Procedures For National Registry Initial testing and re-testing for National Registered EMT-B and National Registered First Responders will follow the guidelines set forth by the National Registry of Emergency Medical Technicians. XII Reciprocity AEMT’s Emergency Medical Technicians, paramedics, nurses, or physicians who enter Delaware with prior Emergency Medical Services Training a National Registry EMT-B, EMT-I or EMT-P certification will receive reciprocity as EMT-B[/Ambulance Attendant] in the Delaware System provided that. 1.They become a member of a certified ambulance service provider. 2.They have a current National Registry EMT-B certification. A.Submit request for reciprocity B.CPR and AED as approved in Delaware C.Challenge four (4) practical exams 3.They have a current EMT-B certification from another state A.Certification less than 2 years and practical less than 12 months 1.State approved practical exam 2.National Registry written exam B.Certification greater than two years and practical greater than 12 months 1.State Practical/National Registry exam 2.Complete DOT EMT-B Refresher 3.National Registry written exam 4.State Approved AED & CPR Certification 4.They submit the required application form to the State Fire Prevention Commission. 1.They become a member of a certified ambulance service provider in Delaware. 2.They submit the required application form to the Delaware State Fire School. 3.They have a current National Registry EMT-B, EMT-I or EMT-P certification. 4.CPR and AED as approved by the Delaware State Fire Prevention Commission. 5.Challenge four (4) practical exams as required. 6.Challenge Delaware Protocol Examination. 7.Provide mandated State & Federal background checks. 8.Applicants will be advised of the appeal process of Part X, Section XV, Criminal History Background Check if reciprocity is denied because of criminal history background check. B.Applicant’s certified from other states without at least a Nationally Registered EMT-B certification must obtain National Registry prior to applying for Delaware Certification. BPARAMEDICS They hold a current certification and/or license specified below 1.National Registered Emergency Medical Technician-Paramedic A.Submit request for reciprocity B.Must produce current cards AED/CPR C.Letter from affiliate 2.Emergency Medical Technician-Paramedic from another state A.Challenge National Registry exam at the basic or Paramedic level B.Must take DOT refresher at the level they are challenging written exam CREGISTERED NURSE 1.Registered Nurse or higher with current Ambulance Attendant Certification A.DOT EMT-B Refresher B.National Registry/State approved practical exam C.CPR/AED D.NREMT-B exam E.Letter from affiliate 2.Registered Nurse or higher with no prior EMS training. A.CPR/AED B.EMT-B course C.State approved practical D.National Registry written exam DPHYSICIANS WITH DELAWARE LICENSE A.CPR/AED B.State approved practical exam C.National Registry Written exam D.Letter from affiliate EPHYSICIANS WITHOUT DELAWARE LICENSE A.CPR/AED B.EMT-B course National Registry State approved practical C.National Registry Written exam D.Letter from affiliate F C.The Delaware State Fire Prevention Commission reserves the right to administer a written examination if deemed necessary. GThe State Fire Prevention Commission will grant reciprocity with recommendations from their Medical Advisor/Director. XV. Criminal History Background Records Check Policy I.Authorized Governmental Designee for the Delaware State Fire Prevention Commission A.The Delaware State Fire Prevention Commission authorizes the Director of the Delaware State Fire School to be its governmental designee to acquire and review State and Federal criminal history records background checkssubmitted by the State Bureau of Identification for an applicant applying to become[an Ambulance Attendant/or a Delaware Emergency Medical Technician a Delaware EMT-B/Ambulance Attendant] an Ambulance Attendant/ or a Delaware Emergency Medical Technician and to interview the applicant, if necessary. II.Evaluation Procedure for Criminal History Background Checks A.The Director of the Delaware State Fire School shall evaluate the criminal history records background checks using the criteria established in 16 Del.C. §6712(b). All criminal history records background checks will be forwarded by the State Bureau of Identification to the Director of the Delaware State Fire School. B.Should the Director of the Delaware State Fire School as a result of the criminal history [background records] check find cause to recommend to the Delaware State Fire Prevention Commission that it deny the application of the person seeking certification as an [EMT-B/Ambulance Attendant Ambulance Attendant/ or as an Delaware Emergency Medical Technician-B], the Director shall notify the Delaware State Fire Prevention Commission of this decision. C.The Delaware State Fire Prevention Commission shall advise the applicant that it intends to deny the application and state the reason therefor. The Delaware State Fire Prevention Commission will also advise the applicant of the right to review all information reviewed by the Director of the Delaware State Fire School and the right to appeal the Delaware State Fire Prevention Commission’s decision by requesting a hearing before the Delaware State Fire Prevention Commission. III.Appeal Process for Denial of Certification or De-certification because of Criminal Conviction A.Any Delaware EMT-B/Ambulance Attendantapplicant or certificate holder notified by the Delaware State Fire Prevention Commission that the Delaware State Fire Prevention Commission intends to deny the application or decertify the certificate holder because of criminal history [background records] check information may appeal the denial to the Delaware State Fire Prevention Commission. The process is: 1.Within 10 days after the postmark on the notification of the intent to deny certification or decertify a certificate holder, the applicant shall submit a written request for a hearing to the Delaware State Fire Prevention Commission stating the reason(s) supporting the appeal. 2.Notice of the hearing shall be given at least 20 days before the day of the hearing and comply with the provisions of 29 Del.C. §10122. 3.The grievance hearing before the DelawareState Fire Prevention Commission will be conducted in accordance with the Delaware Administrative Procedures Act 29 Del.C. Ch 101. 4.The hearing will be closed to the public unless the applicant requests an open hearing. After the hearing, the Delaware State Fire Prevention Commission will inform the applicant of its decision. IV. Requirements for Certification A.Persons seeking certification as an Ambulance Attendant/Delaware Emergency Medical Technician Ambulance Attendant or as an Emergency Medical Technician must be eighteen (18) years of age at the time of application. 1.Individuals entering an EMT-B[/Ambulance Attendant] course must be eighteen (18) years of age at the start of the course. B.An individual applying for certification must meet the requirement of Part X, of the Delaware State Fire Prevention Regulations “Ambulance Service Regulations”. Section V, Eligibility of Certification of the State Fire Prevention Commission Addendum to the Ambulance Service Regulations, BLS Ambulance Provider/First Responder. C.Persons seeking certification must meet the criminal history [background records] check as mandated in 16 Del C. § 6712(b), effective July 12, 2001 and follow the procedures outlined in this policy. V. Administrative Policy Pertaining to Criminal History Background Checks A.Delaware State Fire School All training announcements for EMT-B[/Ambulance Attendant]courses will include the statement “Criminal History Background Records checks will be required on or before the first night of class”. B.All Chiefs of Departments, Presidents or Ambulance Captains of volunteer rescue or ambulance squads or Operating Officers of private corporations which have students pre-registered for the class will be sent a notice to inform the student that a criminal history backgroundrecords checks will be done on the first night of class and fingerprinting will be required. It will be the responsibility of private EMT-B[/Ambulance Attendant] training institution to make their students aware that a Criminal History Background Check is required to become a State of Delaware EMT-B[/Ambulance Attendant] and the Criminal History Background Check be available in order to receive certification. C.Any student not pre-registered for the class will not be accepted as a walk-in. D.All EMT-B[/Ambulance Attendant] students will sign a release provided by the State Bureau of Identification authorizing the criminal history [background records]check. Any student failing to sign the designated form will not be allowed to participate in the course. E.All students of new courses who are members of a volunteer fire, rescue or ambulance organization will sign the authorization of payment allowing the State Fire Prevention Commission to reimburse the State Bureau of Identification on their behalf for the cost of the criminal history records check. F E.Students who are members of a private ambulance service are required to pay the course tuition prior to the first night of class. The tuition is non-refundable unless the student drops out prior to the first night of class. The tuition includes the cost of the criminal history [background records]check which will be paid to the State Bureau of Identification on the student’s behalf by the Delaware State Fire School. G. F.Any volunteer fire, rescue or ambulance company which registering a student who is denied certification pursuant to the provision of 16 Del. C. § 6712(b), shall be responsible to reimburse the Delaware State Fire Prevention Commission for the cost of the criminal history [background records] check. H. G.Any student accepted into the course who does not complete same the course will be required to reimburse the Delaware State Fire Prevention Commission the cost of the criminal history [background records]check and course textbook. VI. Condition and Duration of Certification/De-certification A.The Delaware State Fire Prevention Commission shall issue initial certification as an Ambulance Attendant/and Delaware Emergency Medical Technician – Basic as prescribed in Part X, Section VI, Certification, of the Delaware State Fire Prevention Commission Regulations provided that: 1.The applicant passes the mandated criminal history record check. 2.Obtain all necessary immunizations. 3.Meet the course attendance requirement policy as prescribed by the Delaware State Fire School, if applicable. 4.Pass the National Registry of Emergency Medical Technician’s Examination. B.De-certification 1.The State Fire Prevention Commission shall decertify an Ambulance Attendant or Delaware EMT-B if: a.The individual does not meet the re-certification requirements established in the State Fire Prevention Commission Regulation, Part X, section IX. Or b.The individual is convicted of an offense as specified in 16 Del. C. § 6712(b) while currently certified and the procedures in section VII of this policy are followed. VII B. Procedure for De-certification for Criminal Offense A 1.The Delaware State Fire Prevention Commission may decertify any currently certified [EMT-B/Ambulance Attendant Ambulance Attendant/ or Delaware Emergency Medical Technician-Basic EMT]when it has reason to believe that the person has been convicted of a crime within the scope of §6712 of Title 16. B. 2.Upon receiving a written notice that an [EMT-B/]Ambulance Attendant/ or EMT Delaware Emergency Medical Technician-Basic was convicted of a crime within the provisions of §6712, Title 16 the Delaware State Fire Prevention Commission shall: 1 a.Immediately suspend the individual’s certification pending an investigation into the allegations. 2 b.Notify the individual in writing of the allegations and suspensions and allow the certificate holder an informal opportunity to contest the allegations of a conviction. 3 c.Require the individual to obtain a current Criminal History background check at their expense. a 1.Criminal History Background check information will be sent to and reviewed by the Director of the Delaware State Fire School, who will make determination if cause for de-certification exists. The Director of the Delaware State Fire School will notify the Delaware State Fire Prevention Commission of the findings. 4 d.Based on the information provided by the Director of the Delaware State Fire School, the Delaware State Fire Prevention Commission will either inform the certificate holder of the intent to de-certify the individual or lift the individual’s suspension. C 3.The individuals may appeal the de-certification using the procedure under Part X, Section XV, Criminal History Background Check, Appeal Process section III, Appeal Process specified in this Policy. VIII. Reciprocity Applicants for Certification as Ambulance Attendant or EMT A.Applicants applying for reciprocity for Ambulance Attendant and Delaware EMT-B from another state shall meet the requirements of Part X, Section XII of the Delaware State Fire Prevention Commission Regulations B.Applicants applying for reciprocity from another state must comply with the background check requirements as specified in 16 Del. C. § 6712. IX. Reciprocity Applicants – Criminal History Records Check Procedures A.Applicants seeking reciprocity to become Delaware Ambulance Attendant or EMT’s must submit to a criminal history records check prior to applying for reciprocity certification. 1.Applicants will go to a Delaware State Police Troop and apply for a State and Federal criminal history records check. All reciprocity applicants will pay at the time of request. The criminal history records check must be done within 30 days of the reciprocity request. 2.Applicant will authorize the release of the criminal history records check information directly to the Director of the Delaware State Fire School. 3.Applicant will notify the Delaware State Fire School on the prescribed form they are seeking reciprocity and have applied for a criminal history records check. 4.Upon receipt by the Delaware State Fire School and evaluation of the criminal history records check the individual will be notified by the Fire School as to how to proceed with required testing and certification procedures. 5.Should the applicant be denied reciprocity because of criminal history records check information they will be advised of the appeal process in section III of this policy. X C. Funding of Reciprocity Criminal History Background Checks A 1.All applicants will pay for the criminal history background records check at the time of their request. 1 a.It is the responsibility of the private providers, private individuals or City of Wilmington to pay all costs – they are not eligible for reimbursement. 2 b.Upon successful completion of the reciprocity process the Delaware State Fire Prevention Commission will reimburse the individual or the individual’s volunteer fire, rescue or ambulance organization for the cost of the criminal history background records check. XI D. Reciprocity for University of Delaware Students A 1.The Delaware State Fire Prevention Commission will waive the criminal history backgroundrecords check requirements for all University of Delaware Students applying for certification as an Ambulance Attendant or as an /Delaware Emergency Medical Technician. 1 a.The University Police Department will provide the Director of the Delaware State Fire School with a written document listing all eligible students and a statement that they have passed an internal background check at least equal to the requirement of 16 Del. C. § 6712. XII E. Confidentiality Of Criminal History Background Check Information A 1.Information obtained pursuant to the criminal history background check is confidential and except as provided in Section C below, shall not be released from the Delaware State Fire School under any circumstances to anyone. B 2.All criminal history background check information that is reviewed by the Director of the Delaware State Fire School shall be retained in a locked file cabinet in the custody of the Director for a two (2) year period. C 3.When a denial for certification is made, the information will be turned over to the Delaware State Fire Prevention Commission where it will be secured for at least 60 days or until the appeal process is completed. 1.If an appeal is not filed at the end of 60 days, the information is to be returned to the Director of the Delaware State Fire School. D 4.Per 16 Del.C. §6712 the individual may meet with the Director of the Delaware State Fire School and after providing proof of identification including a photo identification, review their information. Copies will not be provided to anyone. XIV XVI First Responder First Responders do not meet the requirements of EMT-B[/Ambulance Attendant] and cannot transport a patient without a Delaware EMT-B/Ambulance Attendant] present and in the patient care compartment. AIndividuals who successfully complete the Delaware State Fire School First Responder Course will be certified as same by the Delaware State Fire Prevention Commission for a period of two years. A.First Responder Criteria Eligibility for Delaware First Responder Certification 1.CPR/AED Prerequisites 16 years of age 2.Must be 16 years old or older Complete Approved DOT First Responder Curriculum B 3.National Registry First Responder Certification is optional CIndividuals who have maintained their Ambulance Attendant Certification until December 31, 2001 but do not become an Emergency Medical Technician Basic will be certified as a First Responder. B.Certification is valid for 2 years with a re-certification date of September. C.Re-certification 1.Must re-certify as mandated by the Delaware State Fire Prevention Commission. a.DOT First Responder Refresher, AED and CPR. b.National Registry – As determined by National Registry. D.De-certification 1.May have their certification revoked by the Delaware State Fire Prevention Commission in compliance with the Delaware State Fire Prevention Regulations Part IX “Fire Service Standards”. DA First Responder may provide initial on scene care in the following situations. Initial on scene care as contained in the First Responder curriculum. Semi Automatic External Defibrillation if holding an AED card. Cardiopulmonary Resuscitation (CPR) EThe First Responder may not provide transport of apatient without an EMT-B or higher present. FFirst Responders can participate as a member of an ambulance crew with an EMT-B providing Patient Care. GMust re certify as mandated by the State Fire Prevention Commission to maintain First Responder Status. •DOT First Responder Refresher, AED & CPR •National Registry – As determined by National Registry HMay have their certification revoked by the State Fire Prevention Commission in compliance with Delaware Fire Service Standards. IReciprocity for First Responders from other states must submit request for reciprocity, uptain CPR/AED as approved in Delaware, and challenge two practicals. XV E Expired First Responder Cards Certifications A.State First Responder card lapsed less than two (2) years 1.Refresher as specified by State Fire Prevention Commission 2.DOT First Responder Refresher 3.Current CPR & AED B.Maintain State First Responder, but National Registry First Responder lapsed 1.Refresher with practical evolutions as specified by National Registry 2.National Registry First Responder written exam CState First Responder and National Registry First Responder lapsed within two years 1.DOT First Responder Refresher 2.State approved practical 3.National Registry First Responder exam D.State First Responder and National Registry First Responder lapsed greater than 2 years: Must take entire First Responder Course 1.Individuals desiring certification as a First Responder after the expiration date of their certification may do so providing the following conditions are met. a.Card expired 18 months or less b.Attend approved refresher course c.Show proof of current AED/CPR Certification d.Submit all required applications and paperwork to Delaware State Fire School 2.Individuals whose card has expired more than 18 months must attend a complete First Responder Training course. 3.Individuals desiring to regain National Registry Registration must follow the policies of the National Registry. F.Testing procedures Delaware First Responder 1.Initial testing and retesting for First Responders will follow the guidelines set forth by Delaware State Fire School. G.Reciprocity 1.First Responders from other state must submit a request 2.Show proof of attending a DOT curriculum 3.Obtain CPR/AED as approved by Delaware State Fire Prevention Commission 4.Challenge practical examinations as determined by the Delaware State Fire School 5.Challenge the State First Responder Examination DEPARTMENT OF ADMINISTRATIVE SERVICESDIVISION OF PROFESSIONAL REGULATION BOARD OF PHARMACY24 DE Admin. Code 2500 Statutory Authority: 24 Delaware Code,Section 2509 (24 Del.C. §2509) ORDER A hearing was held to receive comments on May 12, 2004 at a scheduled meeting of the State Board of Pharmacy. The Board considered proposed changes to Regulations 3 and 15 as published in the Register of Regulations, Vol. 7, Issue 10, April 1, 2004. Summary Of The Evidence And Information Submitted 1.Suzanne E. Raab-Long, Vice President, Professional Services, Delaware Healthcare Association, authority of Title 3 Part II Chapter 12 of the Annotated Code of Delaware. 1.3Effective Date 1.3.1These regulations were amended on June 15, 2000 (new date to be entered), in accordance with Title 29, Chapter 101, Annotated Code of Delaware 1.4Filing Date 1.4.1These regulations were filed in the Office of the Secretary of State on June 15, 2000 (new date to be entered). 2.0Declaration of Policy 2.13 Del.C. Chapter 12, Section 1237, places the enforcement of the Delaware Pesticide Law with the Department of Agriculture and empowers the Department to establish regulations. 2.2By virtue of the authority vested in me as Secretary of Agriculture by 3 Del.C. Chapter 12, I, John F. TarburtonMichael T. Scuse, Secretary of Agriculture, do hereby promulgate the following rules and regulations governing the sale, use and application of pesticides in Delaware. 3.0Definitions The following words and terms, when used in these regulations, shall have the following meanings, unless the context clearly indicates otherwise. All terms defined by the Delaware Pesticides Law (3 Del.C. Chapter 12) are hereby incorporated by reference in this regulation. “Accident” means an unexpected, undesirable event resulting in the presence of a pesticide that adversely affects man or the environment. “Brand” means any word, name, symbol, device, or any combination thereof, which serves to distinguish a pesticide product manufactured, distributed, sold, or offered for sale by one person from that manufactured, distributed, sold, or offered for sale by any other person. “Certification” means the recognition by the Department that a person has met the qualification standards established under Section 8 or Section 9 of these regulations and has been issued a written certificate from the Department authorizing them to use pesticides for the specified type(s) of pest control. “Competent” means properly qualified to perform functions associated with pesticide application, the degree of capability required being directly related to the nature of the activity and associated responsibility. “Fumigant” means a gaseous or readily volatilizable chemical (such as hydrogen cyanide or methyl bromide) used as a pesticide. “Fumigation” means the application of a fumigant to one or more rooms in a structure, or to the entire structure, or to a localized space within a structure or outside a structure, such as a box car, aircraft, truck, ship or any object sealed or covered. Excluded is the use of a fumigant in or on the soil. “Grade” means a formulation of a pesticide, except that the addition of pigments solely for coloration shall not constitute a change in formulation such as to constitute a new grade requiring registration. “Handle pesticides” means to mix, load, apply, or dispose of pesticides. “Hazardous waste” [means a solid waste, or combination of solid wastes, which because of its quantity, concentration, physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating, irreversible illness or poses a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed. Without limitation, included within this definition are those hazardous wastes listed in Section 261.31, 261.32 and 261.33 of the State of Delaware Hazardous Waste Regulations and those solid wastes which otherwise exhibit the characteristics of a hazardous waste as defined in Part 261 of the State of Delaware Hazardous Waste Regulations. has the same meaning as found in 7 Del.C. Ch. 63.] “Law” means the Delaware Pesticide Law, 3Del.C. Chapter 12. “Regulated pest” means a specific organism considered by the state or by a Federal Agency to be a pest requiring regulatory restrictions, regulations or control procedures in order to protect man or the environment. “Service vehicle” means any vehicle used by a licensee to transport pesticides for the purpose of their application. 4.0Registration 4.1Product Registration 4.1.1Every pesticide which is distributed within the State or delivered for transportation or transported in intrastate commerce or between points within this State through any point outside this State shall be registered with the Secretary subject to the provisions of this law. Registration is not required if a pesticide is shipped from one plant or warehouse to another plant or warehouse operated by the same person and used solely at such plant or warehouse as a constituent part of a pesticide which is registered under the provision of an experimental use permit issued by the U.S. Environmental Protection Agency. 4.1.2An applicant for registration for a pesticide which is federally registered shall file a statement with the Secretary which shall include: 4.1.2.1The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant's. 4.1.2.2The name of the pesticide. 4.1.2.3Other necessary information required for completion of the Department’s application for registration form. 4.1.2.4A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including the directions for use. 4.1.2.5 The use classification as provided in the "Federal Insecticide, Fungicide and Rodenticide Act", as amended. 4.1.2.6 The EPA product registration number. 4.1.3The applicant desiring to register a pesticide shall pay a biennial registration fee of seventy dollars ($70.00) to the Delaware Department of Agriculture for each brand or grade of pesticide to be registered for suchthe applicant. All registrations shall continue in effect until June 30 of the year in which they expire. Applications received between January 1 and June 30 shall be registered for the upcoming two year period. Applications received between July 1 and December 31 will be registered for a two year period beginning July 1 of the year in which the application was received. 4.1.4Any registration approved by the Secretary and in effect on June 30, for which a renewal application has been made and the proper fee paid, shall continue in full force and effect until suspended, or otherwise denied in accordance with the provisions of Section 1205 of the LAW. Forms for registration shall be mailed to registrants at least forty-five days prior to the due date. 4.1.5If it appears to the Secretary that the composition of the pesticide is such as to warrant the proposed claims for it and if the pesticide and its labeling and other material required to be submitted comply with the requirements of these regulations, he shall register the pesticide. 4.1.6Pesticide products that are discontinued by a registrant shall be registered for a period of two years. Said two year limit covers the year in which the item is declared to be discontinued by the registrant and an additional year to permit time to dispose of shelf stock. Should the registrant provide the Department with written notification that shelf stocks of the product are depleted, the products shall be exempt from the two year continued registration period. 4.2Employee Registration 4.2.1Every lLicensees shall register with the Department all employees who handle pesticides. Registration shall be made when making an application for a license or within 30 days after employment. The fee for registering each an employee shall be $25.00. However, the employee registration fee shall be waived for any employee registration if that the employee is certified under the LAW. 4.2.2Each lLicensees shall be responsible for insuring that all employees handling pesticides (other than a certified applicator) have successfully completed a training program approved by the Department. Such This training shall be completed within 30 days of employment and before the employees is are registered with the Department. 4.2.2.1 The Department will not approve any training program that does not include the following subjects: 4.2.2.1.1 Pesticide Law and Regulations; 4.2.2.1.2 Label comprehension; 4.2.2.1.3Safety and emergency procedures; 4.2.2.1.4Proper pesticide handling, storage and disposal; 4.2.2.1.5Pest identification and control procedures; 4.2.2.1.6 Pesticide application techniques; 4.2.2.1.7Environmental and health concerns; and 4.2.2.1.8Integrated pest management principles 4.2.2.2Upon request by the Department, each licensee shall provide written verification that an employee has completed an approved training program. 4.2.3The name and address of each such employee shall be provided to the Department by the licensee. The Department shall issue a registration card to those registered. This registration card shall bear the name and license number of the employee and shall become null and void upon termination of employment with the licensee. The name and address of employees who have been trained according to this Section shall be provided to the Department by the licensee. The Department shall issue a registration card bearing the employee’s name and the licensee’s name, address and license number. The employee registration shall become null and void upon termination of employment with the licensee. This card is to be carried by the employee during working hours and is to be displayed upon request. 4.2.4Written notification of employment termination of this registered employee with the licensee shall be made to the Department within 30 days subsequent to termination. The licensee shall provide the Department written notification of a registered employee’s employment termination within 30 days of the effective date of termination. 4.2.5The Department, after due notice, and opportunity for a hearing may deny, suspend or revoke an employee registration, if the Department finds the registered employee has committed any violations of the LAW. 4.2.6The Department, after due notice and opportunity for a hearing, may deny an application for employee registration, if the applicant has committed any violations under the Law. 5.0Licensing 5.1Applicants for a business license shall complete a signed and notarized application form prescribed by the Department. 5.2All business license applicants shall pay an annual fee of $50.00, or a biennial fee of $100.00. 5.3No license shall be issued to any person, nor shall it remain valid, unless such person is certified or has a certified applicator in his employ at all times. 5.4For applicants or holders of a license in categories 7.1.1, 7.2, or 7.7.1.1 - 7.7.1.3, at least one person designated as a certified applicator under the license shall meet the experience requirement of §1207(c)(1) of the LAW. 5.5All pest control business license numbers shall appear on all service vehicles used by persons holding a commercial pesticide applicators license with the exception of categories: 7.1.1 Agriculture Plant Pest Control; 7.1.2 Agriculture Animal Pest Control; 7.2 Forest Pest Control; 7.4 Seed Treatment; 7.5 Aquatic Pest Control; 7.8 Public Health Pest Control; 7.9 Regulatory Pest Control; 7.10 Demonstration and Research Pest Control. The license number shall be in bold readable numbers not less than 2 inches or more than 6 inches high. The full name of the business licensee shall be displayed on the vehicle. 6.0Restricted Use Pesticides Classification Restricted use pesticides shall be classified in the State of Delaware to conform to the current listing of pesticides classified by the EPA as Federally registered use productsRestricted Use Pesticides. 7.0Categorization of Commercial Applicators Categories and subcategories of applicators (other than private applicators) who use or supervise the use of pesticides are identified below. 7.1Agricultural Pest Control Category 7.1.1Agricultural Plant [(1A)] - This subcategory includes commercial applicators using or supervising the use of pesticides in the production of agricultural crops, including without limiting the following: feed grains, soybeans, forage, vegetables, small fruits and tree fruits; as well as on grasslands and non-crop agricultural lands. 7.1.2Agricultural Animal [(1B)]- This subcategory includes commercial applicators using or supervising the use of pesticides on swine, sheep, horses, goats, poultry and livestock, and to places on or in which animals are confined. Doctors of Veterinary Medicine engaged in the business of applying pesticides for hire, or publicly holding themselves out as pesticide applicators or engaged in large scale use are included in this category. 7.1.3Fumigation of Soil and Agricultural Products [(1C)]- This subcategory includes commercial applicators using or supervising the use of pesticides for soil fumigation in the production of an agricultural commodity and/or for fumigation of agricultural products in storage or transit. 7.2Forest Pest Control Category [(02)] 7.2.1This category includes commercial applicators using or supervising the use of pesticides in forests, forest nurseries, and forest seed producing areas. 7.3Ornamental and Turf Pest Control Category [(03)] 7.3.1This category includes commercial applicators using or supervising the use of pesticides to control pests in the maintenance and production of ornamental trees, shrubs, flowers and turf. 7.4Seed Treatment Category [(04)] 7.4.1This category includes commercial applicators using or supervising use of pesticides on seeds. 7.5Aquatic Pest Control Category 7.5.1Aquatic Weed [(5A)]- This subcategory includes commercial applicators using or supervising the use of any pesticide purposefully applied to standing or running water, excluding applicators engaged in public health related activities. 7.5.2Antifouling Paint [(5B)] - This subcategory includes commercial applicators using or supervising the use of any anti-fouling paints for the protection of boat hulls. This subcategory also includes applicators using or supervising the use of anti-fouling paints on containers [which that] they sell, lease, or use for the purpose of harvesting shellfish. 7.5.3Mosquito Control [(5C)]- This subcategory includes applicators using or supervising the use of pesticides for the management and control of mosquitoes. 7.6Right-of-way Pest Control Category [(06)] 7.6.1This category includes commercial applicators using or supervising the use of pesticides in the maintenance of roads, electric power lines, pipelines, railway rights-of-way or similar areas. 7.7Industrial, Institutional, Structural and Health Related Pest Control Category 7.7.1This category includes commercial applicators using or supervising the use of pesticides in, on, or around food handling establishments, including warehouses and grain elevators, and any other structures and adjacent areas, public or private; human dwellings, institutions, such as schools and hospitals, industrial establishments; and for the protection of stored, processed or manufactured products. This category contains the following subcategories: 7.7.1.1General Pest Control [(7A)]. This subcategory includes commercial applicators who use or supervise the use of pesticides to control household pests, including pests that infest structures, stored products, and residential food preparation areas, and pests that infest or contaminate food and any stage of processing in food processing facilities. This includes treatment of food processing areas and control of vertebrate structural invaders. This category does not include control of wood-destroying pests, or the use of fumigants. 7.7.1.2Wood Destroying Pest Control [(7B)]. This subcategory includes commercial applicators using or supervising the use of pesticides, other than fumigants, in or around structures for the prevention, suppression, or control of wood destroying organisms. 7.7.1.3Fumigation Pest Control (non-agricultural) [(7C)]. This subcategory includes commercial applicators using or supervising the use of fumigant pesticides to control pests in structures other than soils and agricultural products/commodities. 7.7.1.4Wood Preservatives [(7D)]. This subcategory includes commercial applicators using or supervising the use of pesticides for the preservation of wood or wood products. This would include, but not be limited to, the pressure treatments, non-pressure treatments, or brush-on applications with wood preservatives. Commercial applicators certified in another category of pest control and who use or supervise the use of wood preservatives on an incidental basis may apply these products under their current certification. Private applicators using wood preservative products for purposes related to agricultural production may also apply wood preservatives under their current certification. 7.7.1.5Institutional and Maintenance Pest Control [(7E)]. Except as otherwise provided in these regulations, this subcategory includes any individual using pesticides on a property they own, or are employed or otherwise engaged to maintain, including but not limited to janitors, general maintenance personnel, sanitation personnel, and grounds maintenance personnel. This subcategory does not include private applicators as defined in Section 9 below, individuals who use anti-microbial pesticides, or individuals who use pesticides which are not classified as “restricted use pesticides” in or around their dwelling. 7.7.1.6Cooling Tower Pest Control [(7F)]. This subcategory includes commercial applicators using or supervising the use of pesticides to control microbial and other pests in cooling towers or related areas. 7.7.1.7Miscellaneous Pest Control [7G)]. This subcategory includes commercial applicators using or supervising the use of pesticides in a category not previously covered in these regulations. 7.8Public Health Pest Control Category [(08)]. This category includes, but is not limited to, State, Federal and other governmental employees who use or supervise the use of pesticides in public health programs for the management and control of pests having medical or public health importance. 7.9Regulatory Pest Control Category [(09)]. This category includes State, Federal and other governmental employees who use or supervise the use of restricted use pesticides in the control of regulated pests. 7.10Demonstration and Research Pest Control Category [(10)] 7.10.1This category includes: 7.10.1.1 Individuals who demonstrate to the public the proper use and technique of application of a restricted use pesticide or supervises such demonstrations, and/or 7.10.1.2 Persons conducting field research with pesticides, and in doing so, use or supervise the use of restricted use pesticides. Included in the first group are suchpersons such as extension specialists and county agents, commercial representatives demonstrating pesticide products, and those individuals demonstrating methods used in public programs. The second group includes State, Federal, commercial and other persons conducting field research when utilizing pesticides. 8.0Standards for Certification of Commercial Applicators 8.1Determination of Competency. 8.1.1Competence in the use and handling of pesticides shall be determined on the basis of written examinations, and, as appropriate, performance testing, based upon standards set forth below and which are approved by the Secretary. Such eExamination and testing shall include the general standards applicable to all categories and the additional standards specifically identified for each category or subcategory (if any) in which an applicator is to be certified. All examinations shall be administered as closed book examinations. 8.1.2Applicants for examination shall register at least one (1) week before the scheduled examination date. 8.1.3Exams shall be scheduled quarterly during the calendar year and shall be given at such times and places as the Secretary may direct. 8.1.4Correctly answering 70% or more of the questions shall be considered to be satisfactory evidence of competence. 8.1.5Failure to answer at least 70% of the questions correctly shall be grounds for denial of certification. Applicants may apply for one (1) reexamination scheduled at least thirty (30) days after their initial examination. No person shall be permitted to be examined in the same category or subcategory more than twice in any twelve (12) month period. 8.2General Standards for All Categories of Certified Commercial Applicators. 8.2.1All commercial applicators shall demonstrate practical knowledge of the principles and practices of pest control and safe use of pesticides. Testing shall be based on examples of problems and situations appropriate to the particular category or subcategory of the applicator's certification and the following areas of competency: 8.2.1.1 Label & Labeling Comprehension 8.2.1.1.1 The general format and terminology of pesticide labels and labeling; 8.2.1.1.2 The understanding of instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels; 8..2.1.1.3 Classification of the product, general or restricted; and the necessity for use consistent with the label. 8.2.1.2Safety 8.2.1.2.1 Pesticides toxicity and hazard to man and common exposure routes; 8.2.1.2.2 Common types and causes of pesticides accidents; 8.2.1.2.3Precautions necessary to guard against injury to applicators and other individuals in or near treated area; 8.2.1.2.4Need for and use of protective clothing and equipment; 8.2.1.2.5Symptoms of pesticide poisoning; 8.2.1.2.6 First aid and other procedures to be followed in case of a pesticide accident; and 8.2.1.2.7 Proper identification, storage, transport, handling, mixing procedures and disposal methods for pesticides and used pesticide containers, including precautions to be taken to prevent children from having access to pesticides and pesticide containers. 8.2.1.3Environment 8.2.1.3.1 The potential environmental consequences of the use and misuse of pesticides as may be influenced by such factors such as: 8.2.1.3.1.1 Weather and other climatic conditions; 8.2.1.3.1.2 Types of terrain, soil or other substrate; 8.2.1.3.1.3 Presence of fish, wildlife and other non-target organisms; and 8.2.1.3.1.4 Drainage patterns. 8.2.1.4Pests 8.2.1.4.1 Factors such as: 8.2.1.4.1.1 Common features of pest organism and characteristics of damage needed for pest recognition; 8.2.1.4.1.2 Recognition of relevant pests; and 8.2.1.4.1.3 Pest development and biology as it may be relevant to problem identification and control. 8.2.1.5Pesticides 8.2.1.5.1 Factors such as: 8.2.1.5.1.1 Types of pesticides; 8.2.1.5.1.2 Types of formulations; 8.2.1.5.1.3 Compatibility, synergism, persistence and animal and plant toxicity of the formulations; 8.2.1.5.1.4 Hazards and residues associated with use; 8.2.1.5.1.5 Factors which influence effectiveness or lead to such problems such as resistance to pesticides; and, 8.2.1.5.1.6 Dilution procedures. 8.2.1.6Equipment 8.2.1.6.1 Factors including: 8.2.1.6.1.1 Types of equipment and advantages and limitations of each type; and 8.2.1.6.1.2 Uses, maintenance and calibration. 8.2.1.7Application Techniques 8.2.1.7.1 Factors including: 8.2.1.7.1.1 Methods or procedures used to apply various formulations of pesticides, solutions, and gases, together with a knowledge of which technique of application to use in a given situation; 8.2.1.7.1.2 Relationship of discharge and placement of pesticides to proper use, unnecessary use, and misuse; and 8.2.1.7.1.3 Prevention of drift and pesticide loss into the environment. 8.2.1.8Laws and Regulations 8.2.1.8.1 Factors including: 8.2.1.8.1.1 Applicable State and Federal laws and regulations. 8.3Specific Standards for Competency for Each Category of Commercial Applicators Some of the factors referenced in this section are of particular importance because of the different types of activities carried out by the applicators in each category. For example, practical knowledge of drift problems should be required of agricultural applicators but not seed treatment applicators. The latter, however, should be particularly knowledgeable of the hazards of the misuse of treated seed and the necessary precautionary techniques. Commercial applicators in each category shall be particularly qualified with respect to the practical knowledge standards elaborated below. 8.3.1Agricultural Pest Control Category 8.3.1.1 Agricultural Plant Pest Control Subcategory 8.3.1.1.1 Applicators must demonstrate practical knowledge of crops grown and the specific pests of those crops on which they may be using restricted use pesticides. The importance of such competency is amplified by the extensive areas involved, the quantities of pesticides needed, and the ultimate use of many commodities as food and feed. Practical knowledge is required concerning soil and water problems, pre-harvest intervals, re-entry intervals, phytotoxicity, and potential for environmental contamination, non-target injury and community problems resulting from the use of restricted use pesticides in agricultural areas. 8.3.1.2Agricultural Animal Pest Control Subcategory 8.3.1.2.1 Applicators applying pesticides directly to animals must demonstrate practical knowledge of such animals and their associated pests. A practical knowledge is also required concerning specific pesticide toxicity and residue potential, since host animals will frequently be used for food. Further, the applicator must know the relative hazards associated with such factors as formulation, application techniques, age of animals, stress and extent of treatment. 8.3.1.3Fumigation of Soil and Agricultural Products Subcategory 8.3.1.3.1 Applicators must demonstrate knowledge of application techniques appropriate to soil fumigation and agricultural product fumigation. This includes the use of personal protective clothing and equipment, and general safety procedures such as posting, reentry, aeration, and accident procedures. 8.3.2Forest Pest Control Category 8.3.2.1 Applicators shall demonstrate practical knowledge of types of forests, forest nurseries, and forest seed production in Delaware and the pests involved. They should possess practical knowledge of the cyclic occurrence of certain pests and specific population dynamics as a basis for programming pesticide applications. A practical knowledge is required of the relative biotic agents and their vulnerability to the pesticides to be applied. Because forest stands may be large and frequently include natural aquatic habitats and harbor wildlife, the consequences of pesticide use may be difficult to assess. The applicator must, therefore, demonstrate practical knowledge of control methods which will minimize the possibility of secondary problems such as unintended effects on wildlife. Proper use of specialized equipment must be demonstrated, especially as it may relate to meteorological factors and adjacent land use. 8.3.3Ornamental and Turf Pest Control Category 8.3.3.1 Applicators shall demonstrate knowledge of pesticide problems associated with the production and maintenance of ornamental trees, shrubs, plantings, and turf, including cognizance of phytotoxicity due to a wide variety of plant material, drift, and persistence beyond the intended period of pest control. Because of the frequent proximity of human habitations to application activities, applicators in this category must demonstrate practical knowledge of application methods which will minimize or prevent hazards to humans, pets, and other domestic animals. 8.3.4Seed Treatment Category 8.3.4.1 Applicators shall demonstrate practical knowledge of types of seeds that require chemical protection against pests and factors such as seed coloration, carriers, and surface-active agents which influence pesticide binding and may affect germination. They must demonstrate practical knowledge of hazards associated with handling, sorting and mixing, and misuse of treated seed such as introduction of treated seed into food and feed channels, as well as proper disposal of unused treated seeds. 8.3.5Aquatic Pest Control Category 8.3.5.1 Aquatic Weed. Applicators shall demonstrate practical knowledge of the secondary effects which can be caused by improper application rates, incorrect formulations, and faulty application of pesticides used in this subcategory. Further, they must have practical knowledge concerning potential pesticide effects on plants, fish, birds, beneficial insects and other organisms which may be present in aquatic environments. These applicators shall also demonstrate practical knowledge of the principles of limited area application. 8.3.5.2 Antifouling Paint. Applicators in this subcategory shall demonstrate practical knowledge of the labeling instructions, safety precautions and environmental concerns associated with the use of marine anti-fouling paints. They shall demonstrate practical knowledge of the term “acceptable release rate” as it applies to organotin paints; knowledge of the types of paints approved for specific hull types; knowledge of the types of anti-fouling paints approved for use on equipment or containers used for the harvesting of shellfish; knowledge of potential environmental consequences from the use/misuse or improper disposal of pesticides; safety precautions necessary to avoid exposure of workers to anti-fouling paints; proper storage, handling, and disposal methods of paint chips and dusts suspected of containing organotin compounds; marine pests and relevant life cycles which are controlled through the application of anti-fouling paints; methods, procedures, and equipment used in applying organotin and anti-fouling paints; applicable State and Federal laws and regulations; and recordkeeping requirements under the Delaware Pesticide Law. 8.3.5.3 Mosquito Control. Applicators shall demonstrate a practical knowledge of the principles associated with the management of mosquitoes, including all of the following: their life cycle; types of formulations appropriate for their management; methods of application; possible effects on water quality; and, the potential health effects on humans in the target area. 8.3.6Right-of-way Pest Control Category 8.3.6.1 Applicators shall demonstrate a practical knowledge of a wide variety of environments, since right-of-ways can traverse many different terrains, including waterways. They shall demonstrate practical knowledge of problems on runoff, drift, and excessive foliage destruction and ability to recognize target organisms. They shall also demonstrate practical knowledge of the nature of herbicides and the need for containment of these pesticides within the right-of-way area, and the impact of their application activities in the adjacent areas and communities. 8.3.7Industrial, Institutional, Structural and Health Related Pest Control Category 8.3.7.1 Applicators in this category must demonstrate a practical knowledge of a wide variety of pests including their life cycles, types of formulation appropriate for their control, and methods of application that avoid contamination of food, contamination of habitat, and the exposure of people and pets. Since human exposure, including babies, children, pregnant women, and elderly people, is frequently a potential problem, applicators must demonstrate practical knowledge of the specific factors [which that] may lead to a hazardous condition including continuous exposure. Because health related pest control may involve outdoor applications, applicators must also demonstrate practical knowledge of environmental conditions particularly related to this activity. 8.3.7.1.1General Pest Control Subcategory 8.3.7.1.1.1 Applicators must demonstrate knowledge of household pests including but not limited to: pests that invade or infest structures, stored products, and residential food preparation areas; pests that infest or contaminate foods and foodstuffs at any stage of processing in the food manufacturing and processing areas of operation including but not limited to: flour mills, bakeries, bottling plants, dairies, canneries, meat packing plants, supermarkets, convenience stores, rest homes, hospitals, ships, vehicles, restaurants, cafeterias, and snack bars; conditions conducive to infestations and selection of appropriate control procedures, other than fumigation for each situation; and hazards associated with pesticides in food manufacturing and processing. 8.3.7.1.2 Wood Destroying Pest Control Subcategory 8.3.7.1.2.1 Applicators must demonstrate knowledge of organisms that destroy structures made of wood including but not limited to beetles, termites and fungi, and conditions conducive to infestation; selection, calibration, and use of appropriate control procedures and their related equipment including: rodding and trenching, topical application of pesticides and local injection of specially labeled liquid or pressurized aerosol pesticides into infested wood; hazards involved in the handling and use of these pesticides. 8.3.7.1.3 Fumigation (Non-agricultural) Subcategory 8.3.7.1.3.1 Applicators must demonstrate a practical knowledge of the conditions requiring the application of fumigants, and the selection of the most appropriate fumigation methods to use; equipment used in fumigation including but not limited to application, monitoring, testing, calculating, and personal protective devices; release, distribution, and maintenance of the correct fumigant concentrations for the product being used and the structure being fumigated under differing conditions; and hazards involved in the use of fumigants. 8.3.7.1.4 Wood Preservative Subcategory 8.3.7.1.4.1 Applicators must demonstrate a practical knowledge of the pests involved with wood products, including their life cycles, wood degradation, the pesticides available for controlling such problems, and methods of application including pressure, non-pressure and brush-on treatments. Since there is concern regarding the potential for environmental contamination as well as acute and chronic health problems from applicator exposure when using certain woodtreating pesticides, specific emphasis will be placed upon demonstrating a practical knowledge of the product use, precautions which are required and found on the labels and labeling of these pesticides and include protective clothing and equipment, sanitation procedures, disposal procedures and environmental precautions. Since treated wood products present potential environmental problems and acute and chronic exposure problems to the users and the general public, whether or not they come into direct contact with the treated wood, applicators must demonstrate a practical knowledge of the consumer information covering use, site, and handling precautions which are found in the Consumer Information Sheets of products registered for pressure treatment and in the labeling for products registered for sap and stain control, ground line treatment of utility poles, and home and farm use (including railroad tie repair). 8.3.7.1.5 Institutional and Maintenance Subcategory 8.3.7.1.5.1 Applicators in this subcategory must demonstrate a practical knowledge of a wide variety of pests for the purpose of providing structural pest control or lawn pest control in and around schools, hospitals, nursing homes, child day-care centers, and apartment buildings. Since children and elderly people have a potentially higher sensitivity to pesticides, applicators in this subcategory should be particularly knowledgeable in avoiding applications which may lead to a hazardous condition, including continuous exposure. 8.3.7.1.6 Cooling Tower Subcategory 8.3.7.1.6.1 Applicators shall demonstrate a practical knowledge of the labeling instructions, safety precautions and environmental concerns associated with the use of pesticides to treat the waters of cooling towers. They must demonstrate an understanding of the following: the effects of tower operation upon cooling water composition; the importance and potential harm of discharge of exhaust water into environment waters, the steps that can be taken to minimize water-caused problems, the importance of diligence and control in the execution of cooling water treatment programs. 8.3.7.1.7 Miscellaneous Subcategory 8.3.7.1.7.1 Applicator must demonstrate knowledge appropriate to their specific field of pest control. 8.3.8Public Health Pest Control Category 8.3.8.1 Applicators shall demonstrate practical knowledge of vector-disease transmission as it relates to and influences application programs. A wide variety of pests are involved, and it is essential that they be known and recognized, and appropriate life cycles and habitats be understood as a basis for control strategy. These applicators shall have practical knowledge of a great variety of environments ranging from streams to those conditions found in buildings. They should also have practical knowledge of the importance and employment of such non-chemical control methods such as sanitation, waste disposal, and drainage. 8.3.9Regulatory Pest Control Category 8.3.9.1 Applicators shall demonstrate practical knowledge of regulated pests, applicable laws relating to quarantine and other regulation of pests, and the potential impact on the environment of restricted use of pesticides used in suppression and eradication programs. 8.3.9.2 They shall demonstrate knowledge of factors influencing introduction, spread, and population dynamics of relevant pests. Their knowledge shall extend beyond that required by their immediate duties, since their services are frequently required in other areas where emergency measures are invoked to control regulated pests and where individual judgments must be made in new situations. 8.3.10Demonstration and Research Pest Control Category 8.3.10.1 Persons demonstrating the safe and effective use of pesticides to other applicators and the public will be expected to meet comprehensive standards reflecting a broad spectrum of pesticides uses. Many different pest problem situations will be encountered in the course of activities associated with demonstration, and practical knowledge of problems, pests, and population levels occurring in each demonstration situation is required. Further, they should demonstrate an understanding of pesticide - organism interactions and the importance of integrating pesticide use with other control methods. In general, it would be expected that applicators doing demonstration pest control work possess a practical knowledge of all of the standards detailed in section 8.02 above. In addition, they shall meet the specific standards required for categories (1) through (7) of this section as may be applicable to their particular activity. 8.3.10.2 Persons conducting field research or method improvement work with restricted use pesticides should be expected to know the general standards detailed in 8.2 above. In addition, they shall be expected to know the specific standards required for paragraph 8.3.1.1 through 8.3.1.9 of this section, applicable to their particular activity, or alternatively, to meet the more inclusive requirements listed under “Demonstration". 8.4[Commercial Applicator] Certification Fees [,and] Renewal [, and Expiration] 8.4.1Certification Fees 8.4.1.1 Commercial applicators shall pay an annual certification fee of $20.00. All certifications shall continue in full force until December 31st of each year whereupon they shall become invalid unless renewed, except that a certification for which a renewal application has been submitted to the Department by November 30th, shall remain in full force and effect until such time as the Department gives notice to the applicant of renewal or denial. Applications for renewal shall be mailed to all certified applicators by the Department before October 1st of each year. 8.4.1.2 Federal, State or Local government employees who are certified under this law are exempt from this fee. This exemption shall remain valid only when applying or supervising the application of pesticides for such governmental agencies. 8.4.2Certification Renewal 8.4.2.1 [Commercial Applicators] [8.4.2.1.1] Commercial applicators shall be required to be reexamined through a written test prior to their annual certification renewal. 8.4.2.[1.]2 The reexamination requirement may be satisfied without taking a test, if the commercial applicator provides the Department with evidence that he has completed a specified minimum number of hours attending approved education courses, seminars or programs during the three calendar years preceding certification renewal. The specified number of hours for each category are listed in paragraph 8.4.2.[1.]4 below. This exemption from reexamination does not apply to a person holding a lapsed certificate, as described in paragraph 8.4.[2.]3 below. 8.4.2.[1.]3 A commercial applicator shall be exempt from the reexamination requirement for the first two certification renewals following his original certification in Delaware. 8.4.2.[1.]4 The number of hours of training required to fulfill paragraph 8.4.2.[1.]2 are specified as follows: Category of Pest ControlHours Agricultural Plant (1A)8 Agricultural Animal (1B)4 Fumigation of Soils and Agricultural Commodities (1C) 4 Forest (02)4 Ornamental & Turf (03)8 Seed Treatment (04)2 Aquatic (5A)4 Antifouling Paint (5B)2 Mosquito (5C) 4 Right-of-Way (06) 4 Industrial, Institutional, Structural & Health Related (07) General Pest Control (7A)18 Wood Destroying Pest Control (7B)18 Fumigation Pest Control (non-agricultural) (7C) 4 Wood Preservatives (7D)4 Institutional and Maintenance (7E)18 Cooling Towers (7F) 4 Miscellaneous (7G) 4 Public Health (08) 4 Regulatory (09) 4 Demonstration & Research (10) 8 [8.4.2.2 Private Applicators 8.4.2.2.1 A private applicator's certification shall continue in full force until December 31st of the third year following his original certification. 8.4.2.2.2 A private applicator shall be required to be reexamined prior to certification renewal. 8.4.2.2.3 The reexamination requirement may be satisfied without taking a test, if the applicator provides the Department with evidence that he has attended a minimum of three (3) hours of approved education courses, seminars or programs during the three (3) calendar years preceding certification renewal.] 8.4.[2.]3Expiration 8.4.[2.]3.3 An applicator [is not imparted the right to may not] purchase, use or supervise the use of a restricted use pesticide during the ninety (90) day grace period following the expiration date on his certificate.] 8.5Exemptions 8.5.1The above standards do not apply to the following persons for the purposes of these regulations: 8.5.1.1 Persons conducting laboratory type research involving restricted use pesticides; and 8.5.1.2 Doctors of Medicine, Doctors of Osteopathy, and Doctors of Veterinary Medicine applying pesticides as drugs or medication during the course of their normal practice. 8.5.1.3 Owners and employees of any child day-care center which is operated within a private home. 9.0Standards for Certification of Private Applicators 9.1As a minimum requirement for certification, a private applicator must show that he possesses a practical knowledge of the pest problem and pest control practices associated with his agricultural operations and his related legal responsibility. This practical knowledge includes ability to: 9.1.1Recognize common pests to be controlled and damage caused by them. 9.1.2Read and understand the label and labeling information - including the common name of pesticides he applies; pest(s) to be controlled, timing and methods of application; safety precautions; any pre-harvest or re-entry restrictions; and specific disposal procedures. 9.1.3Apply pesticides in accordance with label instructions and warnings, including the ability to prepare the proper concentration of pesticide to be used under particular circumstances taking into account such factors as area to be covered, speed at which application equipment will be driven, and the quantity dispersed in a given period of operation. 9.1.4Recognize local environmental situations that must be considered during application to avoid contamination. 9.1.5Recognize poisoning symptoms and procedures to follow in case of a pesticide accident. 9.2Such The competence of each private applicator shall be verified through the administration of a private applicator certification system here described which ensures that the private applicator is competent, based upon the standards set forth above, to use the restricted use pesticides under limitations of applicable State and Federal laws and regulations. One or more of the following options will be employed to certify private applicators: 9.2.1General Certification 9.2.1.1 This option certifies the private applicator as competent to apply any restricted use pesticide which he would normally expect to use in his particular agricultural operations. Competency determination shall reflect all aspects of the private applicator standards and shall be broad enough to test the private applicator's ability to apply general principles to specific problems associated with the restricted use pesticides required for the production and protection of his crops. 9.2.2Pesticide Class Certification 9.2.2.1 This option certifies the private applicator as competent to apply any restricted use pesticide products and all different formulations of a pesticide used for the same purpose, use, or application. Examples include, but are not limited to, preemergence herbicides for vegetable crops, foliar insecticides on corn, rodenticides in fruit orchards, nematicides in fields prior to planting, ground application of fungicides on vegetables, seed treatments for plant diseases, and livestock dips for insect control. 9.2.2.2 Competency determination shall reflect the full range of the private applicator standards, but with special emphasis placed on the particular characteristics of the pesticide class, as well as the nature of the application or use. 9.2.3Commodity/Crop/Site Certification 9.2.3.1 This option certifies the private applicator as competent to apply any restricted use pesticide needed for specific crops or sites which that the applicator would be expected to deal with in his agricultural operations. This would include any pesticide products (different pesticide classes, active ingredients, and formulations) used on a specific line or class designation. Examples include: single crop such as corn, apples, or wheat; single site class such as poultry houses or dairy barns; single livestock line, such as beef cattle, swine, or turkeys; crop classes such as forage crops or small fruits, site class such as barns or greenhouses; and livestock class such as poultry. 9.2.3.2 Competency determination shall reflect the full range of the private applicator standards, with emphasis placed on the particular characteristics of the specific crop or site, or crop/site class concerned and the pests involved. 9.2.3.3 A private applicator may wish to be certified for a specific crop or site (such as corn or beef cattle) or for a crop or site class (such as forage crops, livestock, small grain crops). 9.2.4Single Product Certification 9.2.4.1 This option certifies as competent the private applicator for one or more uses of a single product or related products with the same active ingredient and with a similar formulation and uses. Competency determination shall reflect all appropriate uses of these products for the agricultural area where he will be expected to make pesticide application. 9.2.5Single Products/single Use Authorization (Emergency Program) 9.2.5.1 This option would authorize the private applicator to make single use application(s) of a restricted use product (or other products of the same formulation). This option will be used only as an emergency provision to accommodate situations such as an unexpected pest problem that requires immediate certification of a previously uncertified private applicator or one whose particular type of certification would not cover the product needed to deal with the problem. 9.3Determination of Competency for Private Applicators 9.3.1Competence in the use and handling of pesticides by private applicators shall be determined by written examinations with questions based upon study materials made available by the Department. Correctly answering 70% or more of the questions shall be considered to be satisfactory evidence of competence. 9.3.2Failure to answer at least 70% of the questions correctly shall be grounds for denial of certification. The applicant may apply for reexamination, which shall be scheduled by the Department at least 30 days after the applicant’s initial examination. 9.3.3Upon showing of hardship, an applicant for private applicator certification may appeal to the Secretary for an exception to paragraphs 9.3.1 and 9.3.2. At his discretion, the Secretary may provide for an alternative means of examination, to include but not be limited to oral examination. Oral examinations shall cover the same material included in the written examination. [9.4Private Applicators Certification Fees and Renewal 9.4.1A private applicator’s certification shall continue in full force until December 31st of the third year following his original certification. 9.4.2A private applicator shall be required to be reexamined prior to certification renewal. 9.4.3The reexamination requirement may be satisfied without taking a test, if the applicator provides the Department with evidence that he has attended a minimum of three (3) hours of approved education courses, seminars or programs during the three (3) calendar years preceding certification renewal. 9.4.4In accordance with Title 3, Delaware Code, Section 1218, there is no fee for Private Applicator Certification. 9.5Expiration 9.5.1A certificate shall have a ninety (90) day grace period after the date of expiration. When the grace period expires, the certificate shall be considered to have lapsed. 9.5.2A person holding a lapsed certificate must be examined as described by paragraph 9.2, in order to receive a new certificate. 9.5.3An applicator may not purchase, use or supervise the use of a restricted use pesticide during the ninety (90) day grace period following the expiration date on his certificate.] 10.0Standards for Supervision of Non-certified Applicators by Certified Private and Commercial Applicators 10.1Certified applicators whose activities indicate a supervisory role must demonstrate a practical knowledge of federal and state supervisory requirements, including labeling, regarding the application of restricted use pesticides by non-certified applicators. 10.2The availability of the certified applicator must be directly related to the hazard of the situation, the complexity of the application or the ability to readily communicate with the non-certified applicator. In many situations, where the certified applicator is not required to be physically present, "direct supervision" shall include verifiable instructions to the competent person, as follows: 10.2.1Detailed guidance for applying the pesticide properly, and 10.2.2Provisions for contacting the certified applicator in the event he is needed. In other situations, and as required by the label, the actual physical presence of a certified applicator may be required when application is made by a non-certified applicator. 11.0Federal Agency Pesticide Applicators 11.1When an employee of any agency of the United States Government has been qualified in any category as competent to apply restricted use pesticides under the Government Agency Plan (GAP) or under other plans judged by the Secretary to be at least equal to the Delaware Plan, such the employee will be certified by the Secretary in the same category without the need for a written examination nor for the payment of any fee. 11.2Federal employees qualified under an acceptable Federal Plan to apply restricted use pesticides and who intend to apply restricted use pesticides in Delaware as a part of their agency work shall present their qualifying documents to the Secretary and, if acceptable, these documents will be endorsed or a state document will be issued which will permit the federal employee to use restricted use pesticides in Delaware. 11.3If, in an emergency situation, federal employees are brought into Delaware to control or eradicate pests and when these employees have been properly qualified to use restricted use pesticides under the plan of another state or under an acceptable federal government agency plan, such these employees shall be considered to be certified in Delaware and he or his for a period of 10 days. Within this 10 day period their agency must, within 10 days, present qualifying credentials to the Secretary and at thisthat time state credentials will be issued if the employees isare to remain in Delaware as an applicators of restricted use pesticides. 11.4The provisions of this section do not apply to non-federal employees contracted to perform pesticide application for the federal government. In an emergency, however, and with the concurrence of the Secretary, a non-certified person may apply pesticides under the direct supervision of a properly certified federal applicator. Within 10 days such person working within the state boundaries must apply for Delaware certification in the normal manner. 12.0Reciprocity When a commercial applicator is certified under the state plan of another state and desires to operate as a commercial applicator in Delaware he shall make application to the Secretary and shall include, along with the proper fee and other details required by the LAW, a true copy of his credentials certifying him as an applicator of restricted use pesticides in another state. The Secretary then may, if he approves the credentials, issue a Delaware certification to the applicator in the appropriate classification and/or category(ies) for which he is certified in another state without a written examination. The original certification must be made in the state where the commercial applicator resides or where he has his principle place of business. 13.0Revocation The Department, after due notice and opportunity for a hearing, may deny, suspend, revoke or modify any application for or provision of any certification, including reciprocal certification, under the LAW if the Department finds that the Certified Applicator or the applicant for Certification has committed any act or acts declared by the Law or these regulations to be unlawful. 14.0Records 14.1Commercial Applicators 14.1.1Commercial applicators shall, for a period of two years from the date of application, keep records detailing the application of any pesticides to include: 14.1.1.1 The brand name of the pesticide used. In the case of a Restricted Use Pesticide or a pesticide which is used under the provisions of 40 Code of Federal Regulations, Part 170, Worker Protection Standards, the EPA Registration Number shall also be recorded at or before the time of application. 14.1.1.2 When applicable, the dilution rate of the pesticide and the amount of diluted material applied per unit (i.e. gallons/acre, lbs./acre, etc.) 14.1.1.3 The date and specific area treated. 14.1.1.4 The pest against which the pesticide was used. 14.1.1.5 The applicator's name, and when applicable, the name of the certified applicator responsible for his supervision. 14.1.1.6 When label directions advise precaution in regard to drift, on-site weather conditions to include: 14.1.1.6.1Wind velocity and direction 14.1.1.6.2 Temperature 14.1.1.6.3 Relative humidity 14.1.1.7 In addition to the above record keeping requirements, the applicator shall have available at the site of application, a copy of the label of the pesticide being used. Upon request, the applicator shall provide any interested person at or adjacent to the application site, with any information contained on the pesticide label. 14.2Restricted Use Pesticides Dealers 14.2.1Restricted use pesticide dealers shall keep and maintain for a period of two years, records on the sale or other disposition of restricted use pesticides to include the following: 14.2.1.1 The name and address of the residence or principal place of business of the certified applicator to whom the pesticide is made available for use. 14.2.1.2 The certification identification number of the purchaser or receiver of the pesticide on the document. If the receiver of the restricted use pesticide is other than a certified applicator, a form of photographic identification of the receiver must be presented at the time of delivery. 14.2.1.3 The product name and E.P.A. registration number on the label of the pesticide. 14.2.1.4 The quantity of the pesticide made available for use in the transaction. 14.2.1.5 Date of the sale or transaction. 15.0Financial Security Required of Licensee 15.1The Secretary shall not issue a license until the applicant has filed evidence of financial security with the Secretary. Such eEvidence shall consist of a general liability insurance policy with completed operation coverage or certification thereof from an insurance company, person, or risk retention group formed under the Federal Risk Act of 1986, authorized to do business in Delaware. 15.1.1Agriculture 15.1.1.1 Plant Pest Control 15.1.1.1.1 An applicant for certification in this category shall file evidence of financial security in the minimum amount of Three Hundred Thousand Dollars ($300,000) for bodily injury or death for each occurrence and One Hundred Thousand Dollars ($100,000) for property damage resulting from the use or misuse of pesticides. 15.1.1.2Agriculture Animal Pest Control 15.1.1.2.1 An applicant for certification in this category shall file evidence of financial security in the minimum amount of Three Hundred Thousand Dollars ($300,000) for bodily injury or death for each occurrence and One Hundred Thousand Dollars ($100,000) for property damage resulting from the use or misuse of pesticides. 15.1.2Forest Pest Control 15.1.2.1 An applicant for certification in this category shall file evidence of financial security in the minimum amount of Three Hundred Thousand Dollars ($300,000) for bodily injury or death for each occurrence and One Hundred Thousand Dollars ($100,000) for property damage resulting from the use or misuse of pesticides. 15.1.3Ornamental and Turf Pest Control 15.1.3.1 An applicant for certification in this category shall file evidence of financial security in the minimum amount of Three Hundred Thousand Dollars ($300,000) for bodily injury or death for each occurrence and One Hundred Thousand Dollars ($100,000) for property damage resulting from the use or misuse of pesticides. 15.1.4Seed Treatment 15.1.4.1 An applicant for certification in this category shall file evidence of financial security in the minimum amount of Three Hundred Thousand Dollars ($300,000) for bodily injury or death for each occurrence and One Hundred Thousand Dollars ($100,000) for property damage resulting from the use or misuse of pesticides. 15.1.5 Aquatic Pest Control 15.1.5.1 An applicant for certification in this category shall file evidence of financial security in the minimum amount of Three Hundred Thousand Dollars ($300,000) for bodily injury or death for each occurrence and One Hundred Thousand Dollars ($100,000) for property damage resulting from the use or misuse of pesticides. 15.1.6Right-of-Way Pest Control 15.1.6.1 An applicant for certification in this category shall file evidence of financial security in the minimum amount of Three Hundred Thousand Dollars ($300,000) for bodily injury or death for each occurrence and One Hundred Thousand Dollars ($100,000) for property damage resulting from the use or misuse of pesticides. 15.1.7Industrial, Institutional, Structural and Health Related Pest Control 15.1.7.1 An applicant for certification in this category shall file evidence of financial security in the minimum amount of Three Hundred Thousand Dollars ($300,000) for bodily injury or death for each occurrence and One Hundred Thousand Dollars ($100,000) for property damage resulting from the use or misuse of pesticides. 15.2Aerial Applicators 15.2.1Aerial applicators applying for a license in any of the above categories or subcategories shall show evidence of financial security in the minimum of One Hundred Thousand Dollars ($100,000) for each individual damage and Three Hundred Thousand Dollars ($300,000) for bodily injury or death for each occurrence and One Hundred Thousand Dollars ($100,000) for property damage resulting from the use or misuse of pesticides. 15.3Nothing to in these regulations shall be construed in any way to relieve any person from liability for any damage to the person or lands of another caused by the use of pesticides even though such use conforms to the rules and regulations of the Secretary. 16.0Storing and Disposal of Pesticides and Pesticide Containers 16.1Prohibited Acts 16.1.1No person shall dispose of or store (or receive for disposal or storage) any pesticide, pesticide container or pesticide container residue: 16.1.1.1 In a manner inconsistent with its label or labeling; 16.1.1.2 So as to cause or allow the open dumping of pesticides or pesticide containers; 16.1.1.3 So as to cause or allow open burning of pesticide or pesticide containers. except; the open burning by the user of small quantities of combustible containers (but not to exceed 50 lbs.) containing pesticides other than those containing organic mercury, chlorates, lead, cadmium, or arsenic compounds, is acceptable when allowed by state or local regulations and when due regard is given to wind direction in relation to the protection of crops, animals and people from the pesticide vapors created through burning; 16.1.1.4 So as to cause or allow dumping of pesticides in any stream, river, pond, [sewer or lake, lake, sewer, storm water drain, or to ground water] except in conformance with permits issued by the Delaware Department of Agriculture or other state agency having jurisdiction regarding water pollution; 16.1.1.5 So as to violate any applicable state or federal pollution control standard. 16.2Pesticide and Pesticide Container Disposal 16.2.1Pesticide containers shall, upon completion of use, be triple rinsed immediately by the applicator or someone under his direct supervision or cleaned by another method or procedure equivalent in residue removal effectiveness. 16.2.1.1 The standard triple rinse procedure is as follows: 16.2.1.1.1 The emptied container shall be drained for at least thirty (30) seconds after steady flow of pesticide formulation has ceased and after individual drops are evident. Any pesticide formulation drained shall be added to the spray tank mix and shall be applied in accordance with label instructions. 16.2.1.1.2 A solvent, usually water, specified by the manufacturer and capable of removing the pesticide residue shall be added to the drained container in an amount equal to ten percent (10%) of its capacity. The container then shall be shaken, agitated, or rolled vigorously in such fashion as to dislodge residues from the top, bottom and sides. The liquid residues (rinsate) shall be added as make-up to the spray tank mix, and the container shall be allowed to drain for at least thirty (30) seconds after steady flow has ceased and after individual drops are evident. 16.2.1.1.3 The above procedure shall be performed two more times, each time allowing the container to drain at least thirty (30) seconds and adding all rinsate to the spray tank mix to be applied in accordance with label instructions. 16.2.1.2In cases where undiluted formulations are used and rinsate cannot be added to the spray tank, the residue must be disposed of in accordance with applicable Department of Natural Resources and Environmental Control (DNREC) regulations. 16.2.1.3Methods of rinsing or cleaning containers, other than the standard triple rinsing procedure described above, may be used provided they are shown to remove equivalent amounts of pesticide residues which thatcan be disposed of in an environmentally safe manner. 16.3Pesticide Storage 16.3.1Pesticides shall be stored in such a manner so as to prevent the contamination of food, feed and/or water. 16.3.2Pesticides shall be stored out of the reach of children and so as not to present a public nuisance. 16.3.3Until such time as the Secretary shall, along with the Pesticide Advisory Committee and any other person as the Secretary may consult, promulgate more specific rules and regulations covering the storage of pesticides and pesticide containers not provided in 16.1 and 16.3 of this Section, the recommended procedures for the storage of pesticides and containers detailed in Regulations promulgated by the Administrator, United States Environmental Protection Agency shall be the recommended procedures for Delaware. The Secretary shall make copies of these procedures available to any person needing guidance for proper storage of pesticides or pesticide containers. 17.0Pesticide Advisory Committee 17.1Expenses of Members Not from Government Departments. Pesticide Advisory Committee members not from governmental departments shall submit expense accounts to the Secretary. Reimbursements made to members not from governmental departments shall be made for the actual cost of lodging and meals (out of state) and for transportation according to the regulations applicable to Department employees. 18.0Application and Equipment 18.1No person shall apply, dispense or use any pesticide in or through any equipment or application apparatus unless such the equipment or application apparatus is in sound mechanical condition and capable of satisfactory operation. All pesticide application equipment shall be properly equipped to dispense the proper amount of material; all pesticide mixing, storage, or holding tanks, whether on application equipment or not, shall not leak pesticide; all spray distribution systems shall not leak pesticides and any pumps which such the systems may have shall not leak pesticides and any pumps which such the systems may have shall be capable of operating at sufficient pressure to assure a uniform and adequate rate of discharge; and all pesticide application equipment shall be equipped with whatever cut-off valves and discharge orifices may be necessary to enable the operator to pass over non-target areas without contaminating them. 18.2All hoses, pumps or other equipment used to fill pesticide handling, storage or application equipment shall be fitted with an effective valve or device to prevent backflow of pesticides or pesticide use-dilutions into water supply systems, streams, lakes, ground water [or] other sources of water or other materials. [Provided, however,such b B]ackflow devices or valves are not required for separate water storage tanks used to fill agricultural pesticide application equipment by gravity systems when the fill spout, tube or pipe is not allowed to contact or fall below the water level of the application equipment being filled and no other possible means of establishing a backsiphon or backflow exists. 19.0Antifouling Paint Restrictions 19.1For the purposes of this section, the following definitions shall apply: "Acceptable release rate" means a measured release rate not to exceed 4.0 micrograms per square centimeter per day and as further defined in the Organotin Anti-fouling Paint Control Act of 1988, (Pub. L. - 100-333). "Antifouling paint" means a coating, paint, or treatment that is applied to a vessel or any fishing gear used to catch shellfish or finfish to control fresh water or marine fouling organisms. "Commercial boat yard" means any facility which engages for hire in the construction, storage, maintenance, repair, or refurbishing of vessels or any licensed independent marine maintenance contractor who engages in such activities. "Organotin" means any compound of tin used as a biocide in an anti-fouling paint. "Retail" means the transfer of title to tangible personal property other than for resale, after manufacturing or processing. “Vessel” means every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water, whether self-propelled or otherwise, and includes barges and tugs. 19.2Except as otherwise provided in this Section, no person shall distribute, possess, sell, or offer for sale, apply or offer for use or application any marine anti-fouling paint containing organotin. 19.3No person may sell or deliver to, or purchase or receive from, another person at retail any substance containing organotin for the purpose of adding such substances to paint to create an anti-fouling paint. 19.4A person may distribute or sell a marine anti-fouling paint containing organotin with an acceptable release rate to the owner or agent of a commercial boat yard. The owner or agent of a commercial boat yard may possess and apply or purchase for application an anti-fouling paint containing organotin with an acceptable release rate, however, such the paint may be applied only within a commercial boat yard and only to vessels which exceed twenty-five meters (82.02 feet) in length or which have aluminum hulls. 19.5A person may distribute, sell, or apply a marine anti-fouling paint containing organotin having an acceptable release rate, if the paint is distributed or sold in a spray can in a quantity of sixteen ounces avoirdupois or less and is commonly referred to as outboard or lower unit paint. 20.0Restricted Use Pesticide Dealer Permits 20.1For the purposes of these regulations the following definitions shall apply: 20.1.1The term "restricted use pesticide dealer" means any person who makes available for use any restricted use pesticide, or who offers to make available for use any such pesticide. The term excludes any person who sells or distributes pesticides only as an integral part of his pesticide application service and when such the pesticides are dispensed only through equipment used during a pesticide application. 20.1.2The term "make available for use" means to distribute, sell, ship, deliver for shipment, or receive, and (having so received) deliver, for use by any person. However, the term excludes transactions solely between persons who are pesticide producers, registrants, wholesalers, or retail dealers, acting only in those capacities. 20.1.3The term "dealership" means any site owned or operated by a restricted use pesticide dealer where any restricted use pesticide is made available for use, or where the dealer offers to make available for use any such pesticide. 20.2Effective December 31, 1990, no person shall make available for use any restricted use pesticide unless that person has a valid Dealer Permit issued by the Department. 20.3A separate Dealer Permit shall be required for each dealership owned or operated by the restricted use pesticide dealer. 20.4Issuance of a Dealer Permit: 20.4.1Application for a Dealer Permit shall be made in writing to the Department on a designated form obtained from the Department. 20.4.2The Department shall issue a Dealer Permit to an applicant upon payment of a fee of $25.00 for a calendar year or any part of a calendar year. 20.4.3All permits shall remain in full force and effect until December 31st of each year whereupon they shall become invalid unless renewed, except that a permit for which a renewal application has been submitted to the Department by November 30th shall remain in full force and effect until such time as the Department gives written notice to the permit holder of renewal or denial. 20.5A restricted use pesticide dealer is responsible for the acts of his employees in the solicitation and sale of all pesticides and all claims and recommendations for the use of pesticides. 20.6A dealer permit is not transferable. 20.7The Department, in addition to any penalties authorized by the LAW, may deny, suspend, or revoke the application or permit of a restricted use pesticide dealer if he has failed to comply with any provisions of the LAW or any rules and regulations promulgated thereunder. 21.0Institutional and Maintenance Pesticide Use Restrictions 21.1For the purposes of these regulations, the following definitions shall apply: "Apartment building" shall mean a building that contains four or more dwelling units that are rented primarily for nontransient, permanent dwelling purposes, with rental paid by intervals of one week or longer. “Child day-care center” shall mean a facility, other than a school as defined elsewhere herein, which provides care, education, protection, supervision and guidance on a regular basis for children. Services are provided for part of the 24 hour day, unattended by parent or guardian, and for compensation. Provided, nevertheless, that “child day-care center” shall not include any such facility which is operated within a private home. “General use pesticide” shall include all pesticides as defined by 3 Del.C. §1202(27) Delaware Pesticide Law, with the following exceptions: •Any Restricted Use Pesticides, as defined by 3Del.C. §1202 (30); •Any State Restricted Use Pesticide, as defined by 3Del.C. §1202 (31); •Any anti-microbial pesticide used for controlling bacteria, viruses, or other microorganisms. “Hospital” shall have the same meaning assigned by 16 Del.C. §1001(1). "Nursing home" shall have the same meaning assigned by 16 Del.C. §1101. "Private home" shall mean a non-public residence such as a house, duplex, townhouse, apartment, or mobile home where the provider of child day-care services lives and has control over the furnishings and use of space. An individual unit in public housing and university housing complexes is considered a private home. “School” shall mean a completed structure utilized as a public or private school, grades kindergarten through post graduate. 21.4Records of "general use pesticide" applications made in a school, apartment building, nursing home, hospital, or child day-care center shall be kept in accordance with Section 14.1. 22.0Restrictions on the Use of Pesticides for the Control of Subterranean Termites 22.1This section applies to commercial pesticide applications for the control of subterranean termites. It is directed primarily towards soil treatment and does not include other treatments applied as dusts, aerosols or fumigants, nor does it address application technology such as biological control agents or baits. 22.2For the purpose of this section, the following definition shall apply: 22.2.1"Termiticide" shall mean a pesticide registered pursuant to the LAW and which is intended for preventing, destroying, repelling or mitigating termites. 22.2.2“Continuous chemical barrier” shall mean the application of a termiticide such that the resultant soil residue meets or exceeds the soil residue requirements currently recommended by the Association of Structural Pest Control Regulatory Officials (ASPCRO) and as those requirements may be amended in the future. Soil residue sampling shall be conducted in conformity with the current ASPCRO soil sampling protocol and as it may be amended in the future. 22.3Termiticides shall be used to establish a continuous chemical barrier in all applicable areas prescribed by the label. However, where the termiticide is applied such that a continuous barrier is not achieved, or where the termiticide is not applied to all applicable areas prescribed by the termiticide label, the conditions outlined in both 22.3.1 and 22.3.2 below must be satisfied: 22.3.1One or more of the following situations is present: 22.3.1.1Specific environmental conditions are such that application of the termiticide at the full labeled concentration and volume may result in adverse environmental impact. Examples may include the presence of a well, a footing drain that empties into a water body, a high water table, etc.; 22.3.1.2 Structural barriers or soil conditions or types exist that prohibit application of the labeled volume or limit access to applicable soil treatment areas; 22.3.1.3Specific customer request, or the recommendation of the certified applicator. 22.3.2Within fourteen (14) days following the termiticide application, the following information shall be furnished in writing to the customer or to the customer’s agent: 22.3.2.1A full disclosure explaining the difference between full and partial applications. The disclosure shall include the termite control strategies being utilized and the reasons for those alternatives; 22.3.2.2The pesticide used, including brand name and EPA registration number; 22.3.2.3The actual volume of the termiticide applied; 22.3.2.4Specific information of sufficient detail to distinguish where treatment actually occurred, including a diagram of the structure identifying treated areas, known well heads, and sites of visible termite activity; 22.3.2.5A clear, concise statement indicating whether the application has any guarantee or warranty, and the terms of the guarantee or warranty, e.g., retreatment (full or partial), damage repair and retreatment, or no warranty. 22.3.3 This information shall be furnished to the customer or customer’s agent on a form approved by the Department. The applicator shall for a period of two years from the date of application, keep and maintain all completed copies of disclosure documents. Such Theserecords shall be made available to authorized employees of the Department upon request. 22.4Any application of termiticides, pursuant to this section, must be conducted with a commercial applicator at the site of application. This commercial applicator must be certified in category 7.7.1.2, Wood Destroying Pest Control. 22.5The disclosure information and written notification specified in paragraph 22.3.2 are not required of termiticide treatments to utility poles, fence posts or tree stumps. 22.6Any pre-construction termiticide application shall be applied in accordance with the termiticide product labeling and the U.S. Environmental Protection Agency, Pesticide Regulations (PR) Notice 96-7. For pre-construction treatments, PR Notice 96-7 supercedes this Section, and no pre-construction treatment shall be applied at a lower dosage and/or concentration than specified on the label, for applications prior to installation of the finished grade. DEPARTMENT OF AGRICULTURE Statutory Authority: 3 Delaware Code, Sections 6301 and 7101 (3 Del.C. §§6301 and 7101) ORDER I. Nature Of Proceedings Pursuant to its authority under 3 Del.C. §§6301 and 7101, the Department of Agriculture proposed to adopt regulations concerning the sale and transfer of poultry. It's purpose in proposing these amendments was to more clearly define the role of the Department of Agriculture in regulating the state's poultry industry and to set out its enforcement powers so as to ensure the health, safety andwelfare of the citizens of the state from outbreaks of poultry-borne infectious diseases. Notice of the public hearing on the Department's proposed regulations was published in the Delaware Register of Regulations for April 1, 2004 as well as in two Delaware newspapers in general circulation in accordance with 29 Del.C. §10115. Thereafter, the public hearing was held as noticed on Friday, May 7, 2004 before the Department's Secretary, Michael T. Scuses's designee, State Veterinarian Dr. H.W. Towers, DVM. This is the Department's Decision and Order adapting the proposed regulations. II. Evidence Submitted At Public Hearing The Department received no written comments in response to the notice of intention to adopt the proposed regulations. No public comments were received at the May 7, 2004 public hearing. III. Findings And Conclusions The public was given the. required notice of the Department's intention to adopt the proposed regulations and was given ample opportunity to provide the Department with comments opposing the Department's proposals. Thus, the Department concludes that its consideration of the proposed regulations was entirely within its prerogatives and statutory authority and, having received no comments opposed to adoption, is now free to adopt them. IV. ORDER NOW THEREFORE, it is hereby ordered that: 1.The Department's poultry regulations are adopted; 2.The text of the regulations shall be in the form attached hereto as Exibit A. 3.The effective date of the Order is ten days from the date of its publication in the Delaware; Register of Regulations inaccordance with 29 Del.C. §10118(e); and 4.The Department reserves unto itself the authority to issue such other and further orders in this matter as may be necessary to discharge its responsibilities under the enabling acts. Michael T. Scuse, Secretary Delaware Department of Agriculture 5/10/04 * Please note that no changes were made to the regulation as originally proposed and published in the April 2004 issue of the Register at page 1241 (7 DE Reg. 1241). Therefore, the final regulation is not being republished. Please refer to the April 2004 issue of the Register or contact the Department of Agriculture. DEPARTMENT OF EDUCATIONStatutory Authority: 14 Delaware Code, Section 220 (14 Del.C. 220) 14 DE Admin. Code 103 Regulatory Implementing Order 103 Accountability for Schools, Districts and the State 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. Code103 Accountability for Schools, Districts and the State. The amendments reflect the changes made to Delaware’s plan under the federal No Child Left Behind Act of 2001. Changes include: definitions of the Adequate Yearly Progress levels in 2.1.1 and changes in other sections of the regulation reflecting these changes; changes to 2.4 Participation Rate, changes in the Other Academic Indicator(s) definition in 2.6; the definition of a “new school” in 3.4; and the addition of State Progress Determinations in 5.0 and changes in other sections reflecting the calculations as defined in 5.0. Notice of the proposed regulation was published in the News Journal and the Delaware State News on March 19, 2004 in the form hereto attached as Exhibit “A”. Comments were received from the State Council for Citizens with Disabilities and the Governor’s Advisory Council for Exceptional Citizens. The responses to the councils’ comments are as follows: Regarding the issue of the high school graduation rate as a performance indicator, the standard will remain as is but the Department will be issuing a memo modifying the IEP so that the Individual Education Program (IEP) will specify the time frame for graduation for students with IEPs. Regarding the change requiring the inclusion of students exempted from the DSTP in the participation rate calculation, the federal law, No Child Left Behind, requires that these students who were formally exempted be included in the participation rate calculation. The Secretary will be considering an amendment to 14 DE Admin. Code 101.9.0, Delaware Student Testing Program in order to correct any discrepancy that may exist between the two regulations. II. Findings of Facts The Secretary finds that it is appropriate to amend 14 DE Admin. Code 103 in order to make changes that reflect the changes made to Delaware’s plan under the federal No Child Left Behind Act of 2001. III. Decision to Amend the Regulation For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 103. Therefore, pursuant to 14 Del.C. §154, §155 and §156, 14 DE Admin. Code 103 attached hereto as Exhibit “B” is hereby amended. 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 14 DE Admin. Code 103 amended hereby shall be in the form attached hereto as Exhibit “B”, and shall be cited as 14 DE Admin. Code 103 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. §154, §155 and §156 on May 20 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 20th day of May 2004. DEPARTMENT OF EDUCATION Valerie A. Woodruff, Secretary of Education APPROVED THIS 20TH DAY OF MAY, 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 1.0Accountability 1.1Accountability: All public schools, including charter schools, reorganized and vocational-technical school districts and the state shall be subject to the calculation and reporting of Adequate Yearly Progress (AYP) as prescribed by the federal Elementary and Secondary Education Act (ESEA), 20 U.S. C.A. §6301 et seq. Additionally, public schools, including charter schools, reorganized and vocational-technical school districts shall be subject to the applicable rewards, sanctions and other accountability activities including the State Progress Determinations as prescribed in this regulation. 2.0Adequate Yearly Progress (AYP) 2.1Adequate Yearly Progress shall be determined by the Department of Education for all public schools, including charter schools, reorganized and vocational-technical school districts and the State on an annual basis. In order for a public school, including a charter school, reorganized or vocational-technical school district or the State to meet AYP, the aggregate student population and each subgroup of students as identified in ESEA, must meet or exceed the target for percent proficient using a confidence interval to be determined by the Department of Education in the state assessments of reading/language arts and mathematics; 95% of the students as an aggregate and within each subgroup must participate in the state assessments of reading/language arts and mathematics, except for those students who meet the exemption criteria as specified in 14 DE Admin. Code 101.9.0; and the respective entity must maintain or show progress towards the state target for other academic indicator(s) meet the requirements of the Other Academic Indicator(s) as defined in 2.6. In calculating the percent proficient each year, the state will average the most recent two years of percent proficient (including the current year’s percent proficient) and compare the results to the current year percent proficient. The highest percent proficient score will be used to determine the school, district or State AYP status. 2.1.1Adequate yearly progress shall include three levels: Above Target, Meets Target and Below Target. 2.1.1.1Above Target shall mean that the school, district or State in the aggregate student population and for each subgroup exceeds the annual target in English language arts and mathematics for percent proficient as defined in 2.3 and further meets the criteria for participation as defined in 2.4 and Other Academic Indicator(s) as defined in 2.6. 2.1.1.2Meets Target shall mean that the school, district or State in the aggregate student population and for each subgroup meets the annual target in English language arts and mathematics with or without the application of a confidence interval for percent proficient as defined in 2.3 or meets the criteria of Safe Harbor defined in 2.5, and further meets the criteria for participation as defined in 2.4 and Other Academic Indicator(s) as defined in 2.6. 2.1.1.3Below Target shall mean that the school, district or State in the aggregate student population and for each subgroup did not meet the annual target in English language arts or mathematics through the application of a confidence interval for percent proficient as defined in 2.3 or does not meet the criteria of Safe Harbor defined in 2.5, or does not meet the criteria for participation as defined in 2.4 or does not meet the criteria of Other Academic Indicator(s) as defined in 2.6. 2.2Full academic year for accountability: 2.2.1For school accountability students enrolled continuously in the school from September 30 through May 31 of a school year and including those students identified in 3.1 and 3.2, shall be considered enrolled for a full academic year. 2.2.2For district accountability students enrolled continuously in the district (but not necessarily the same school), from September 30 through May 31 of a school year, and including those students identified in 3.1 and 3.2 , shall be considered enrolled for a full academic year. 2.2.3For state accountability students enrolled continuously in the state (but not necessarily the same school or district) from September 30 through May 31 of a school year shall be considered enrolled for a full academic year. 2.3Proficient: For accountability purposes students who score at Performance Level 3 (Meets the Standard) or above and who have met the requirements of a Full Academic Year as defined in 2.2 shall be deemed proficient. Students who score at Performance Level 2, Level 1 or Level 0 Level 2 or Level 1 who have met the requirements of a Full Academic Year as defined in 2.2 shall not meet the definition of proficient. 2.4Participation Rate: For accountability purposes in school years 2002-2003 through 2004-2005, the participation rate for each subgroup, all public schools, including charter schools, districts, and the State, shall be the number of students who participate in the DSTP in grades 3,5, 8 and 10 divided by the number of students enrolled in these tested grades during the testing period. Beginning with the 2005-2006 school year the participation rate shall include the number of students who participate in the DSTP in grades 3 through 8 inclusive and grade 10 divided by the number of students enrolled in these tested grades during the testing period. Students exempted by 14 DE Admin. Code101.9.0 are not shall be included in the participation rate calculation [unless their medical condition prevents them from being in school during the testing period. For schools with no accountability tested grades (K-2), the participation rate shall be determined by the number of students who participated in the work sampling or grade 2 DSTP assessments divided by the number of students enrolled during the testing period.] 2.5Safe Harbor: For accountability purposes if a school, district or the State fails to meet the target for percent proficient for a given subgroup or for the entity in aggregate, safe harbor Safe Harbor provisions shall be examined for that group. When the percentage of students in a subgroup not meeting the definition of proficient decreases by at least 10% when compared to the previous year’s data, the participation rate for the population is at least 95%, and the subgroup maintains or shows progress on the other academic indicator meets the requirements of the Other Academic Indicator(s) as defined in 2.6. the subgroup will have met AYP. 2.6Other academic indicator Academic Indicator(s): 2.6.1High School: For AYP purposes, the other academic indicator Other Academic Indicator(s) shall be graduation rate as defined as the number of students in one cohort who started in the school/district/state school, the district or the state in 9th grade and graduated four years lateror in the time frame specified in the Individual Education Program (IEP), excluding students who earn a GED certificate, divided by the same number plus those that have dropped out during the same four year period. 2.6.1.1The statewide target for the high school other academic indicator Other Academic Indicator shall be a graduation rate of 90% by the school year 2013-2014. The statewide target for 2003-2004 shall be 75% and shall increase by 1.5% each year until 90% is reached in 2013-2014. Beginning with the school year 2002-2003, if the graduation rate is used for safe harbor Safe Harborpurposes, the high school shall be expected to maintain its graduation rate or show positive progress when compared to the previous year or meet or exceed the statewide target for that school year. 2.6.1.2A school that does not maintain its graduation rate or show positive progress from the previous year or meet or exceed the statewide target for that school year shall be considered as not meeting AYP for that year. 2.6.2Elementary and Middle School: For AYP purposes, the Other Academic Indicator for elementary and middle schools shall be the percent of students proficient on the grade 4, 6, and 8 DSTP science and social studies assessments combined. The science and social studies content standards are arranged by grade clusters. Students shall be tracked back to the school/district that provided the instructional services for the grade cluster determined by improvement of the scores of the low achieving students, defined as students performing below Performance Level 3, in reading and mathematics combined or a decrease in the percent of students scoring at Performance Level 1 in reading and mathematics. The average scale score for the students who perform at Performance Level 1 and 2 in reading and mathematics combined shall be determined for the current and previous years. The scores from the current year will be compared to the previous year to determine if the school has shown progress. A confidence interval determined by the Department of Education shall be applied to the average scale scores when making this determination. Students included in this calculation shall have been in the school for a full academic year. 2.6.2.1The statewide target for the elementary and middle school other academic indicator Other Academic Indicator shall be a percent proficient of 85% 0% of students scoring at Performance Level 1 in reading and mathematics by the school year 2013-2014. Beginning with the school year 2002-2003 2003-2004, when compared to the previous year, the school or subgroup, if used for safe harbor Safe Harbor purposes, shall be expected to maintain its percent proficient or show positive progress shall maintain or show progress when compared to the previous year towards the state target of 85%. shall maintain or show improvement of the scores of the low achieving students in reading and mathematics combined or show that the percent of students at Performance Level 1 in reading and mathematics has decreased from the previous year. 2.6.2.2An elementary or middle school that does not maintain its percent proficient for the other academic indicator or show positive progress from the previous year shall be considered as not meeting AYP for that year or show improvement of the scores of the low achieving students in reading and mathematics combined or show that the percent of students at Performance Level 1 in reading and mathematics has decreased from the previous year shall be considered as not meeting AYP for that year. 2.6.3For state and district accountability purposes, the state or a district shall be expected to maintain both the graduation rate and percent proficient or show positive progress when compared to the previous year towards the state target of 90% for the high school other academic indicator and 85% for the elementary and middle school other academic indicator. meet the requirements in 2.6.1.2 and 2.6.2.2. 2.7Annual Objective: The annual objectives for reading/language arts and mathematics shall be determined by the Department of Education and published annually. The annual objectives shall be the same for all schools, districts and subgroups of students. 2.8Intermediate Target: There shall be seven intermediate targets with the first intermediate target occurring in the 2004-2005 school year. The second intermediate target shall occur in 2006-2007; the third in 2008-2009; the fourth in 2009-2010; the fifth in 2010-2011, the sixth in 2011-2012 and the seventh in 2012-2013. By the end of the school year 2013-2014, all students in all subgroups shall be proficient in reading/language arts and mathematics. The intermediate targets shall be calculated using the procedures as prescribed by the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C.A. §6301 et seq. 2.9Starting Point: A single statewide starting point shall be calculated for reading/language arts and a single statewide starting point shall be calculated for mathematics using the procedures as prescribed by the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C.A. §6301 et seq. 2.10Subgroup categories: For AYP purposes, subgroup categories shall be delineated as follows: 1) Children with Disabilities (as per IDEA); 2) Economically Disadvantaged Students, as determined by eligibility for free and reduced lunch program; 3) Students with Limited English Proficiency, as determined by the language proficiency assessment; and 4) Race/ethnicity, to be furthered divided into African American/black Black, American Indian/Alaska native Native, Asian/Pacific Islander, Hispanic, and White. Such subgroup categories shall include all students eligible for the AYP calculation as further defined throughout this Chapter. The “All” categories shall include all students in the entity for which AYP is calculated and who meet all other eligibility criteria for the AYP calculation. 2.11Adequate Yearly Progress (AYP) CalculationsAYP Determinations 2.11.1For each public school, including charter schools, reorganized and vocational-technical school district, and the State, AYP shall be calculated annually. 2.11.2School AYP: In order to meet AYP, the aggregate student population of a school and each subgroup of students within a school, shall meet or exceed the annual target for percent proficient as defined in 2.3; the participation rate shall be 95% or greater; and the school in the aggregate shall maintain or show progress on the other academic indicator, the school shall be classified according to 2.1.1 as Above Target or Meets Target. If there are 15 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator shall be reported. If there are 40 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator shall be reported and used to determine AYP status and accountability ratings. The Safe Harbor provision as defined in 2.5 shall be used for a school that does not meet AYP in the aggregate or in any subgroup within the school. 2.11.3District AYP: In order to meet AYP, the aggregate student population of a district and each subgroup of students within a district, shall meet or exceed the annual target for percent proficient as defined in 2.3; the participation rate shall be 95% or greater; and the district in the aggregate shall maintain or show progress on both of the other academic indicators district shall be classified according to 2.1.1 as Above Target or Meets Target. If there are 15 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator(s) shall be reported. If there are 40 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator shall be reported and used to determine AYP status and accountability ratings. The Safe Harbor provision as defined in 2.5 shall be used for a district that does not meet AYP in the aggregate or in any subgroup within the school. 2.11.4State AYP: In order to meet AYP, the aggregate student population in the State and each subgroup of students within the State, shall meet or exceed the annual target for percent proficient as defined in 2.3; the participation rate shall be 95% or greater; and the State in the aggregate shall maintain or show progress on both of the other academic indicators state shall be classified according to 2.1.1 as Above Target or Meets Target. If there are 15 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator(s) shall be reported. If there are 40 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator shall be reported and used to determine AYP status and accountability ratings. The Safe Harbor provision as defined in 2.5 shall be used for state accountability if the State does not meet AYP in the aggregate or in any subgroup within the State. 2.11.5Under Improvement: A school or district shall be deemed Under Improvement if AYP is not met two consecutive years in the same content area of reading/English language arts or mathematics for percent proficient or for participation rate, or if a school or district in the aggregate does not maintain or show progress on meet the requirements of the Other Academic Indicator(s) as defined in 2.6. 3.0Accountability School and/or District: For AYP purposes, the school/district to which a student's performance is assigned for a full academic year shall be the Accountability School/District. No student shall have his/her performance assigned to more than one Accountability School/District in a given school year. 3.1For a student enrolled in an intra-district intensive learning center or intra-district special school or program operating within one or more existing school facilities, the school/district of residence shall be considered the Accountability School/District for the student. For a student enrolled in inter-district special schools or programs that have an agreement to serve students from multiple school districts, the school/district of residence shall be considered the Accountability School/District the special school that provides the instructional program shall be considered the Accountability School for that student. For district accountability purposes, the district of residence shall be the district to which these special school students are included for accountability. 3.2For a student enrolled in an alternative schoolprogram pursuant to 14 Del.C. Ch.16, or the Delaware Adolescent Program, the Accountability School/District shall be the school/district that assigned such student to the program or the school/district of residence. For the purposes of this chapter the The time the students were enrolled in the alternative or transitional program shall be credited to the Accountability School/District. 3.3For a student who participates in the a choice program pursuant to 14 Del.C. Ch.4 the Accountability School/District shall be the school/district to which the student has choiced. 3.4For accountability purposes, a school shall be considered a new school if: less than sixty percent of the students would have been enrolled in the same school together without the creation of the new school; or it is the first year of operation of a charter school; or two or more grade levels have been added to the school or to a charter school’s charter. 3.5If a school is determined not to be a new school, the school shall receive the accountability rating and related consequences of the school in which the majority of students would attend in that year. 4.0Assessment Criteria 4.1For a student who takes a portion of the assessment more than once during the school year, the first score shall be included in the AYP calculation. 4.2A student who tests with non-aggregable conditions as defined in the Department of Education's Guidelines for the Inclusion of Students with Disabilities and Students with Limited English Proficiency shall have his/her earned performance level included in the calculation of AYP. 4.3For accountability purposes a student who tests but does not meet attemptedness rules as defined in the Department of Education's scoring specifications or otherwise receives an invalid score shall be deemed as not meeting proficiency. 4.4A student participating in alternate assessments shall have her/his earned performance level included in the AYP calculation consistent with the regulations as prescribed by the federal Elementary and Secondary Education Act (ESEA) 20 U.S. C.A.§6301 et seq. or Individuals with Disabilities Education Act (IDEA). 4.5Schools with more than one tested grade shall receive a single accountability rating. 4.6Student performance in a tested grade shall be apportioned in equal weights to each grade in a standards cluster, except that Kindergarten shall be weighted at 10% and grade 10 shall be weighted at 100%. Beginning with the school year 2005-2006 students in grades 4,5,6,7,8, and 10 will count 100%. Students in grade 3 will continue to be weighted to each grade in the K-3 standards cluster. 4.7For AYP purposes the reading/language arts percent proficient shall be based on a combination of the reading and writing DSTP assessments. The reading percent proficient scores shall be weighted to count 90% and the writing percent proficient scores shall be weighted to count 10%. 4.8For AYP purposes, the mathematics percent proficient shall be based on 100% of the DSTP mathematics assessment. 5.0State Progress Determinations: Each school and district shall receive a State Progress Determination of Above Target, Meets Target or Below Target. The State Progress shall be determined by improvement in the composite score of the reading, mathematics, science and social studies DSTP assessments combined. The composite score range shall be from 25 to 125 and is determined by the following formula: Composite Score = 25 [(reading score x reading weight) + (math score x math weight) + (science score x science weight) + (social studies score x social studies weight)] where: Reading score = [(5 x % of students in level 5 in reading) + (4 x % of students in level 4 in reading) + (3 x % of students in level 3 in reading) + (2 x % of students in level 2 in reading) + (1 x % of students in level 1 in reading)]; Math score = [(5 x % of students in level 5 in math) + (4 x % of students in level 4 in math) + (3 x % of students in level 3 in math) + (2 x % of students in level 2 in math) + (1 x % of students in level 1 in math)]; Science score = [(5 x % of students in level 5 in science) + (4 x % of students in level 4 in science) + (3 x % of students in level 3 in science) + (2 x % of students in level 2 in science) + (1 x % of students in level 1 in science)]; Social Studies = [(5 x % of students in level 5 in social studies) + (4 x % of students in level 4 in social studies) + (3 x % of students in level 3 in social studies) + (2 x % of students in level 2 in social studies) + (1 x % of students in level 1 in social studies)]. Each of the subject areas shall be weighted equally at 25%. 5.1Above Target shall mean that the school or district has a minimum composite score of 75.00 for the current year; or the school or district has demonstrated a growth of 6.00 or more points when comparing last year’s composite score to the current year’s composite score provided the composite score is 45.00 or more. 5.2Meets Target shall mean that the school or district with a composite score of 61.00 or less than 75.00 in the current year, shall demonstrate a growth of [2.00 1.00] or more points when comparing last year’s composite score to the current year’s composite score. For a school or district with a composite score of 45.00 but less than 61.00 in the current year, the school or district shall demonstrate a growth of 2.00 or more points when comparing last year’s composite score to the current year’s composite score. 5.3Below Target shall mean that the school or district has a composite score of less than 45.00; or the school or district does not meet the criteria of 5.2. 5.0 6.0Performance Classifications: Schools and districts shall receive one of five levels of performance classification annually which shall be based on a combination of AYP determinations and State Progress determinations. 5.1 6.1Superior: A school or district's performance is deemed excellent. Schools or districts in this category shall have met AYP while the school or district is not Under Improvement and additional rigorous state criteria are met and is a combination of Above Target for AYP and Above Target for State Progress or Above Target for AYP and Meets Target for State Progress or Meets Target for AYP and Above Target for State Progress. The additional state criteria shall be developed by the Department of Education with the consent of the State Board of Education. 5.2 6.2Commendable: A school or district's performance is deemed above average. Schools or districts in this category shall have met AYP while the school or district is not Under Improvement. Combinations of Above Target for AYP and Below Target for State Progress or Meets Target for AYP and Meets Target for State Progress shall be rated as Commendable. A school or district with a combination of Meets Target for AYP and Below Target for State Progress shall be determined Commendable for no more than one year; if this same combination exists for the school or district in the following year, the school or district shall be rated Academic Review. 5.3 6.3Academic Review: A school or district’s performance is deemed acceptable. Schools or districts in this category shall not have met APY for one year and are not Under Improvement. Combinations of: Below Target for AYP and Above Target for State Progress; or Below Target for AYP and Meets Target for State Progress shall be rated as Academic Review for no more than one year; if the same combination exists for the school or district in the following year, the school or district shall be rated Academic Progress unless the provisions of 6.5 or 6.6 are met. A school or district with a combination of Below Target for AYP and Below Target for State Progress shall be rated as Academic Review unless the provisions of 6.5 and 6.6 are met. 6.4Academic Progress: A school or district’s performance is deemed as needing improvement. Schools or districts in this category shall not be Under Improvement as defined in 2.11.5. 5.4 6.5Academic Progress-Under Improvement: A school or district's performance is deemed as needing improvement. Schools or districts in this category shall have met AYP for one year while the school or district is Under Improvement. If a school or district was classified as Academic Watch the prior year, all accountability sanctions from that prior year remain in effect. 5.5 6.6Academic Watch-Under Improvement: A school or district’s performance is deemed as unsatisfactory. Schools or districts in this category shall not have met AYP for two or more years and shall be Under Improvement consecutive years in the same content area as described in 2.11.5 and shall be Under Improvement. 6.0 7.0Schools and Districts that are classified as Under Improvement. 6.1 7.1Accountability sanctions for schools that are classified as Under Improvement: 6.1.1 7.1.1Under Improvement -Year 1 - A school shall review and modify its current School Improvement Plan outlining additional specific school improvement activities to be implemented beginning in this same year. A school designated as Title I shall implement federal ESEA Choice. The school shall follow the district Federal ESEA Choice Program. 6.1.2 7.1.2Under Improvement - Year 2 - A school shall continue to review and modify the School Improvement Plan as needed. A school designated as Title I shall continue to offer federal ESEA Choice. In addition a Title I school shall provide supplemental services according to the federal ESEA requirements. Schools not designated as Title I shall give priority, as appropriate, within their extra time services to students in those subgroups that have not met the target for percent proficient in the reading/language arts and/or mathematics assessments. 6.1.3 7.1.3Under Improvement - Year 3 - A school shall continue with the activities as per 6.1.2 7.1.2. In addition, all schools shall be subject to corrective action as outlined by federal ESEA requirements. 6.1.4 7.1.4Under Improvement - Year 4 - A school shall continue with the activities as per 6.1.3 7.1.3. In addition, the school shall develop a plan for restructuring as outlined by federal ESEA requirements and submit such plan to the Secretary of Education. The Secretary of Education shall investigate the reasons for the continued deficiency of the school’s performance and shall consult with the State Board of Education prior to making comment. 6.1.5 7.1.5Under Improvement - Year 5 - A school shall continue with the activities as per 6.1.2 7.1.2. In addition, the school shall implement the restructuring plan as outlined by federal ESEA requirements. 6.2 7.2Accountability sanctions for districts that are classified as Under Improvement: 6.2.1 7.2.1Under Improvement - Year 1 - A district shall develop and implement a District Improvement Plan. 6.2.2 7.2.2Under Improvement - Year 2 - A district shall evaluate and modify the District Improvement Plan and shall incorporate such plan into the Consolidated Application. 6.2.3 7.2.3Under Improvement - Year 3 - A district shall continue with the activities outlined in 6.2.27.2.2. In addition the district shall develop a corrective action plan as outlined by Federal ESEA requirements and submit such plan to the Secretary of Education. The Secretary of Education shall investigate the reasons for the continued deficiency of the district’s performance and shall consult with the State Board of Education prior to making comment. 6.2.4 7.2.4Under Improvement - Year 4 - A district shall continue with the activities as outlined in 6.2.3 7.2.3. In addition the district and the Department of Education shall evaluate the corrective action plan and make appropriate modifications as needed. 7.0 8.0Review Process: A school or district deemed Under Improvement may review school or district level data, including academic assessment data upon which the proposed classification is based. The school or district shall present statistical evidence or other substantive reasons why the classification should be changed before the final classification will be determined. [All accountability schools that have a student or students who have been granted an exemption according to 4.4 shall automatically have their classification reviewed based on the evidence submitted in the exemption request.] 7.1 8.1The school or district must file a written notice of review with the Secretary no later than 15 calendar days after receiving preliminary notification of its designation of Under Improvement proposed classification. The request for review shall state with specificity the grounds for the review, and shall be signed by the principal or lead authority of the school, or the signature of the Superintendent of the district. This request for review shall include all supporting evidence and documentation and shall be clear and concise. 7.2 8.2Upon receipt of a written notice of review, the Department of Education shall conduct a review of the evidence or other substantive reasons presented by the school or district. 7.3 8.3The Department of Education shall make a final determination within 30 calendar days from the written notice of review on the Under Improvement status proposed classification of the school or district based on the evidence or other substantive reasons presented by the school or district. Regulatory Implementing Order 1025 Delaware Interscholastic Athletic Association (DIAA) 1049 DIAA Definitions 1050 DIAA Sportsmanship 1051 DIAA Senior High School Interscholastic Athletics 1052 DIAA Junior High/Middle School Interscholastic Athletics 1053 DIAA Waiver Procedure 1054 DIAA Investigative Procedure 1055 DIAA Appeal Procedure 1056 Recognition of Officials’ Associations 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. Code1050 DIAA Sportsmanship by changing the number to 14 DE Admin. Code 1007 in order to conform with other number changes for the DIAA regulations. Section 2.4.1 Appeals, is also amended in order to align it with the other changes in the DIAA regulations. In the April 1st Register of Regulations Volume 7 Issue 10 the publication did not show this change by crossing out the version of 2.4.1 that was removed. The error has been corrected in the final version. The Secretary of Education also seeks the consent of the State Board of Education to repeal and replace the other eight (8) DIAA regulations. Delaware Interscholastic Athletic Association (DIAA), 14 DE Admin. Code 1025 will be renumbered as 14 DE Admin. Code 1006 and retain the same name. It now includes the content of 14 DE Admin. Code 1053 DIAA Waiver Procedure, 14 DE Admin. Code 1054 DIAA Investigative Procedure and 14 DE Admin. Code 1055 DIAA Appeal Procedure. In addition, it includes sections on: the organization’s name and purpose; on membership; the Board of Directors; the Executive Director; responsibilities of the member schools; the reporting of violations and protests and complaints to DIAA and additional penalties and fines. The section on the reporting of violations and protests and complaints to DIAA and the section on additional penalties and fines were formally in 14 DE Admin Code 1051 and 1052. Delaware Interscholastic Athletic Association (DIAA), 14 DE Admin. Code 1025 has also been revised to reflect the changes in the Delaware Interscholastic Athletic Association processes and procedures as found in the reorganization of DIAA through14 Del.C. Ch.3. DIAA Senior High School Interscholastic Athletics 14 DE Admin. Code 1051 and DIAA Junior High/Middle School Interscholastic Athletics 14 DE Admin. Code 1052 have been renumbered as 14 DE Admin. Code 1008 DIAA Junior High/Middle School Interscholastic Athletics and 14 DE Admin. Code 1009 DIAA Senior High School Interscholastic Athletics. Both 1008 and 1009 will now include the content of two previous regulations 14 DE Admin. Code 1049 DIAA Definitions and 14 DE Admin. Code 1056 Recognition of Officials’ Associations. Both 1008 and 1009 have been totally realigned. Instead of 36 and 38 sections respectively the regulations have ten (10) sections which are parallel in design. These regulations have also been revised to reflect the changes in the Delaware Interscholastic Athletic Association as found in the reorganization of DIAA through14 Del.C. Ch.3. In addition to the realignment of 14 DE Admin. Code 1008 and 1009 they contain the following changes: 1.The term “Relative Caregiver” was added in all references to parents and guardians in order to include that type of student/adult relationship. 2.Under 2.2 Eligibility, Residence, “with the exception of boarding school students” was added to 2.2.1. 3.The status of students who are homeless was added in 2.2.1.6 and 2.4.2.6 in 14 DE Admin. Code 1008 and in 2.2.1.8 and 2.4.2.6 in 14 DE Admin. Code 1009. 4.In section 2.3.2 in 14 DE Admin. Code 1008 and 2.3.3 in 14 DE Admin. Code 1009. issues have been clarified for students with disabilities who are placed in a special school or programs administered by a school district or charter school which sponsors junior high/middle school and senior high school interscholastic athletics. In the April 1stRegister of Regulations Volume 7 Issue 10 the publication did not show that in 14 DE Admin. Code 1009 sections 2.3.3 and 2.3.3.1 were eliminated. This error has been corrected in the final version. 5.In 2.5.1.5, under 2.5 Eligibility, Amateur Status, the permissible cash value of a gift was increased from $50.00 to $150.00. 6.In 2.7.1.2 and 2.7.1.2.1 the definition of the term “Hardship has been clarified as well as conditions for seeking a waiver under the hardship rule. Also, 2.7.2.1 was added (in 14 DE Admin. Code 1009 only) to clarify the eligibility status of eighth grade students who are in eighth grade for a second time. 7.Under 2.8 (in 14 DE Admin. Code 1009 only) the term “international students” was substituted for “foreign students” when referring to students who are not part of a foreign exchange program and these “international students” will now be treated as transfer students under DIAA regulations. 8.Under 4.2 Practice Sessions, in 4.2.1 the minimum number of practice days has been changed from “(3) three weeks” to “21 calendar days”. In 4.2.3 the sentence “However, there shall be one day of no activity (practice, scrimmage or contests) during any seven day period” was added at the end. 9.Under 5.4 All-Star Contests in 5.4.5 (in 14 DE Admin. Code 1009 only), the financial report now has to be filed in ninety (90) days not Thirty (30) days and the fine for not filing on time has been raised from $50.00 to $300.00. 10.Under 7.5 Coaching Out of Season, in 7.5.1 (in 14DE Admin. Code 1009 only), the status of eighth and ninth grade students has been clarified. In 7.5.2.4 the words “as well as to members of the student body” was added at the end of the sentence (in both 14 DE Admin. Code 1008 and 1009). 11.Under 9.1 Award in 9.1.1 “not more than $150.00" was added after the word “symbolic” to place a cap on the value of awards. In 9.1.4 the retail aggregate value of the awards was increased from $100.00 to $150.00. 12.The reference to boxing was removed from both 14 DE Admin Code 1008 and 1009. Notice of the proposed regulation was published in the News Journal and the Delaware State News on March 19, 2004, in the form hereto attached as Exhibit “A”. Written comments were received from the State Council for Citizens with Disabilities and the Governor’s Advisory Council for Exceptional Citizens. The department offers the following comments: The State Council for Citizens with Disabilities and the Governor’s Advisory Council for Exceptional Citizens suggested that the definition of “Student with a disability” was under inclusive because it does not specifically refer to Section 504 of the Rehabilitation Act, that students who attend the Sterck School are being treated differently than students who attend other special schools, and that Section 5.1.4.1 of 14 DE Admin Code 1008 and Section 5.1.4.1 of 14 DE Admin. Code 1009 violate Title IX of the Education Amendments Act of 1972. Section 2.3.2 of 14 DE Admin Code §1008 and Section 2.3.3 of 14 DE Admin. Code 1009 address where students with disabilities who are placed in special schools or programs are eligible to participate in interscholastic athletics. By definition, the regulations limit special schools and programs to those schools and programs that serve students who have been identified as in need of special education pursuant to the IDEA. Students qualifying for protection under Section 504 are eligible to participate in interscholastic athletics at their regular school under the same eligibility criteria as any other student. Any student, including those qualifying for protection under Section 504, who needs relief from a particular situation, may seek a waiver pursuant to14 DE Admin. Code 1006.9. Regarding the Councils’ concerns that Sterck students are being treated differently than students attending other special schools, the copy of the regulation that was approved by DIAA and the State Board of Education and forwarded to the Register for publication indicated that sections 2.3.3 and 2.3.3.1 were being deleted and what was published as section 2.3.4 was supposed to be a new section 2.3.3. With the deletion of sections 2.3.3 and 2.3.3.1, the Sterck School is not being treated differently than all other special schools. If a special school, including the Sterck School, chooses to sponsor interscholastic athletics, their students would be expected to compete on that team. DIAA does, however, have the power to hear individual waivers of this rule. See14 DE Admin. Code 1006.9. The Department has carefully considered the Councils’ concern that section 5.1.4.1 of 14 DE Admin Code 1008and section 5.1.4.1 of 14 DE Admin. Code 1009 violate Title IX of the Education Amendments Act of 1972. The Department respectfully disagrees. Title IX permits schools to field separate teams for members of each sex when either the sport is a contact sport or the excluded sex’s athletic opportunities have been previously limited. The policy behind DIAA’s exclusion of male athletes from all-female teams is to provide female athletes with athletic opportunities that have historically been denied. SeeWilliams v. School District of Bethlehem, PA, 998 F.2d 168 (3d Cir. 1993), cert. denied, 510 U.S. 1043(1994). In addition, 14 DE Admin Code 1008 2.3.4 and Regulation14 DE Admin. Code 1009.2.3.6 and their prohibition of participation in interscholastic athletics if a student is enrolled in an alternative school for disciplinary reasons, reflects the long-standing policy of DSSAA, DIAA’s predecessor organization, and is consistent with the 14 DE Admin. Code 610.7.0. Regarding the Councils’ concern with mandatory caps on years of participation in a sport and age limits, DIAA carefully weighed the risks of competition against the obvious benefits and struck a balance which allows for waivers of the age rule on a non-scoring basis in non-contact sports. Lastly, the 5 consecutive day rule set forth in section 3.15 of both 14 DE Admin. Code 1008 and 1009 has been in place for some time and was readopted by DIAA at the request of its Sports Medicine Committee. DIAA has received no complaints from member schools, parents or students that it is overly burdensome. Therefore, with the exception of correcting some grammatical errors, no changes are recommended in response to the comments received. II. Findings of Facts The Secretary finds that it is appropriate to amend 14 DE Admin Code 1050 Sportsmanship and to repeal and replace 14 DE Admin. Code 1025, 1049, 1051, 1052, 1053, 1054, 1055, and 1056 by creating 14 DE Admin. Code 1006, 1007, 1008 and 1009. With the exception of 14 DE Admin. Code 1050 Sportsmanship the regulations have been totally reformatted and amended as indicated in the Summary. These changes are necessary for the proper operation of the Delaware Interscholastic Athletic Association. III. Decision to Amend and to repeal and Replace the Regulations For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 1050 and to repeal and replace 14 DE Admin. Code 1025, 1049, 1051, 1052, 1053, 1054, 1055, and 1056. Therefore, pursuant to 14 Del.C. Ch.3, 14 DE Admin. Code 1025, 1050, 1049, 1051, 1052, 1053, 1054, 1055, and 1056 attached hereto as Exhibit “B” are hereby amended and repealed and replaced. Pursuant to the provision of 14 Del.C. §122(e), these sections of 14 DE Admin. Code are hereby amended and 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 hereby shall be in the form attached hereto as Exhibit “B”, and said regulation shall be cited as 14 DE Admin. Code 1006, 1007, 1008 and 1009 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.3 on May 20, 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 20th day of May 2004. DEPARTMENT OF EDUCATION Valerie A. Woodruff, Secretary of Education APPROVED THIS 20TH DAY OF MAY 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 1006Delaware Interscholastic Athletic Association (DIAA) 1.0Organization Name and Purpose: The organization shall be known as the Delaware Interscholastic Athletic Association (DIAA) and shall function as the official designee of the Secretary of Education with the authority to implement the Department of Education’s Rules and Regulations governing the conduct of interscholastic athletics. 2.0Membership in DIAA 2.1Full Member Schools: Any secondary school including private, public, vocational-technical, and charter schools, as authorized by 14 Del.C. Ch. 5, may become a full member school of DIAA by payment of dues and a signed affirmation of the obligations of membership. 2.1.1A full member school is a non-voting member of DIAA and does not participate in its day-to-day governance. A full-member school may at any time make appropriate recommendations for policy action to the DIAA Board of Directors for its consideration. 2.2Associate Member School: Any school, not a full member school, located within the boundaries of the state of Delaware and containing grades 6 through 8, or 8 through 12, or any grouping of such grade levels, may apply for status as an associate member school provided the applicant sets forth good cause and sufficient justification why such school cannot become a full member school. The initial application may be submitted at any time but renewal applications shall be submitted to the DIAA office no later than May 1 of each year. 2.2.1The membership application shall contain a statement that the school will abide by the Rules and Regulations of the Department of Education and the Delaware Interscholastic Athletic Association and in those cases wherein the school cannot comply, the application shall set forth the specific rule and regulation, and a sufficiently acceptable explanation of why the rule or regulation cannot be kept in force or why the school is incapable of compliance. Full compliance shall be made with all rules and regulations when an associate member school competes with a full member school of DIAA or a comparable state association; participates in DIAA sanctioned tournaments/meets in cross country, indoor track, wrestling (except dual-team tournaments), outdoor track, and golf involving the aforementioned full member schools; or participates in a state championship event. 2.2.2Such associate member schools, after initial approval, shall be reviewed each year by the DIAA Board of Directors for the purpose of approving, rejecting, or modifying their application for renewal of associate member status. 2.3Membership Dues Schedule: Yearly dues for full member and associate member schools shall be as follows: 2.3.1$400 for middle schools. 2.3.2$600 for high schools with enrollments of 499 or less. 2.3.3$800 for high schools with enrollments of 999 or less. 2.3.4$1,000 for high schools with enrollments of 1,499 or less. 2.3.5$1,200 for high schools with enrollments of 1,999 or less. 2.3.6$1,400 for high schools with enrollments of 2,000 or more. 2.3.7Membership dues shall be paid each year by August 1. Full member and associate member schools which fail to comply may be subject to penalties as determined by the DIAA Board of Directors. 2.4Participation in State Championship Tournaments/Meets: Any member high school in good standing, is sponsoring a team in a given sport, and is in compliance with all applicable DIAA Rules and Regulations shall be eligible for the DIAA approved state championship tournament/meet in that sport. 2.5Member schools shall comply with the regulations of the Delaware Interscholastic Association and acceptance of membership shall be construed as an agreement to that effect. 3.0DIAA Board of Directors 3.1Conflict of Interest: Any member of the Board of Directors who may be directly affected or whose school or school district may be directly affected by a potential decision related to an appeal or waiver request shall recuse himself or herself from consideration of the matter and shall not vote on that appeal or waiver request. The Chairperson of the Board is responsible for maintaining the integrity of the decision making process. 3.2Committees of the DIAA Board of Directors 3.2.1DIAA Board standing committees include: Rules and Regulations, Officials, Sports Medicine; Sportsmanship and one for each DIAA recognized sport. The Chairperson of the DIAA Board may appoint additional short term committees with specific assignments when deemed necessary. 3.2.1.1The committee for each DIAA recognized sport shall have, in writing, procedures for determining tournament berths and selecting tournament sites. Such procedures shall be on file with the Executive Director and sent to the administrative head of each member school. 3.3Committee Membership 3.3.1The Chairperson of the DIAA Board of Directors and the Executive Director shall be ex-officio members of all committees Committee membership shall be geographically representative and committee membership may include administrators, athletic directors, coaches, local school board members, officials and public members. 3.3.2The Chairperson of the DIAA Board of Directors shall appoint individuals to serve as committee chairpersons. The individuals appointed shall serve for an indefinite period of time. The Chairperson of the Board, however, with the advice of the Executive Director, in his or her discretion, may remove a committee chairperson. 3.3.3The Committee Chairperson, with the advice and consent of the Executive Director, shall appoint individuals to serve on the committee. The individuals so appointed shall serve for an indefinite period of time. The Committee Chairperson, however, with the advice and consent of the Executive Director, may, in his or her discretion, remove individuals from the committee. 4.0Responsibilities of the Executive Director 4.1Interpret the rules and regulations and grant waivers of rules and regulations: Any waiver granted shall be temporary and shall be subject to review and approval by the DIAA Board at a subsequent or special meeting. All decisions or actions as noted above shall be documented and shall be a part of any hearing or appeal procedure. 4.2Decide issues between meetings of the Board of Directors. The Executive Director shall initiate a review of or fully investigate an alleged violation of the Rules and Regulations that he/she has seen, heard or read about, or which has been reported to him/her. Subsequent action by the Executive Director may include an official reprimand, placement on probation, a fine, the imposing of sanctions, or the suspension from participation for a designated period of time of a player, team, coach or official to ensure the necessary, orderly, and proper conduct of interscholastic competition. 4.3Carry on the business of the DIAA Board and DIAA between meetings: Waiver requests decided by the Executive Director shall be temporary and shall be subject too review and final approval by the Board of Directors. No school or individual shall be penalized in any case in which the DIAA Board reverses an earlier ruling of the Executive Director. In addition, the Executive Director shall administer the day-to-day operation of the organization. 5.0Responsibilities, Powers, and Duties of the Administrative Head of School 5.1Responsibilities of Administrative Head of School 5.1.1The administrative head of middle level and high school member schools shall be responsible for the conduct of the interscholastic athletic program in which representative teams participate including the organization and scheduling of individuals and teams. The administrative head may delegate his or her authority, but such delegation will not negate the responsibility for a violation of the DIAA Regulations by his/her school. 5.2Powers and Duties of Administrative Head of School 5.2.1The administrative head of each member school shall exercise general control over all of the interscholastic athletic matters of his/her school which include but are not limited to the following: 5.2.1.1Sanctioning all interscholastic athletic contests in which his/her school participates. 5.2.1.2Excluding any contestant because of improper conduct. 5.2.1.3Excluding any contestant whose physical health would be jeopardized by such participation, because of illness or injury suffered, until such time as the contestant is declared physically fit by the school or attending physician. 5.2.1.4Protecting the well-being of all visitors and officials attending interscholastic athletic contests conducted by his/her school. Administrative heads of member schools shall be expected to provide adequate security and, in the absence of such provisions, penalties may be imposed. 5.2.1.4.1When a contest is conducted at a neutral site, the administrative heads of the participating schools shall be held jointly responsible for the protection and well-being of all visitors and officials. In the absence of adequate security, penalties may be imposed upon either or both of the schools. 5.2.1.5Protecting the well-being of the school’s participants by providing them with safe and suitable uniforms and equipment. 5.2.1.6Ensuring that all required contracts for athletic contests in which the school participates are in writing and bear the proper signatures. 5.2.1.7Designating a staff member of the school as the faculty manager for the teams representing the school or to serve as the faculty manager. 5.2.1.8Ensuring that an authorized representative accompanies the school’s teams to all contests. 5.2.1.9Certifying in writing the eligibility of his/her school’s contestants in accordance with the Regulations of the Department of Education. 5.2.1.10Exercising such other powers regarding the interscholastic athletic program of the school as are consistent with the needs of the school and with the provisions and spirit of the Regulations of the Department of Education. 5.2.1.11Urging all students competing on the school’s teams to obtain medical accident insurance which covers athletic participation. 6.0Amendments to Department of Education Regulations 6.1The DIAA Board, The Secretary of Education, the Executive Director of DIAA or any member school may propose changes, additions or deletions to the Department of Education regulations. 6.1.1Proposed changes shall be submitted in writing by a member school(s) to the Executive Director and these proposed changes and any other changes submitted by the Secretary of Education or the Executive Director of DIAA or the DIAA Board of Directors shall be reviewed by the Rules and Regulations Committee. 6.1.2Any proposed changes to the Regulations along with comments received from the Rules and Regulations Committee, shall be considered at a scheduled meeting of the DIAA Board. Proposed changes adopted by the Board shall thereafter be submitted to the Secretary of Education who will place them on the State Board of Education agenda for review and final approval. 6.1.2.1All member schools shall then be advised in writing of any proposed changes. The member schools and the public shall have an opportunity to review and comment on the proposed changes during the thirty day period that the regulations are advertised in the Register of Regulations (as per the Administrative Procedures Act). 7.0Reporting Violations of Department of Education Regulations and Protests and Complaints to DIAA 7.1Reporting violations of Department of Education regulations 7.1.1If a school violates a provision of the Department of Education regulations the administrative head or his/her designee shall notify the Executive Director in writing of the violation. All violations shall be reviewed by the DIAA Board of Directors which may impose additional penalties. 7.1.1.1Additional penalties may be imposed for repeat offences or as deemed necessary to assure proper conduct of interscholastic athletics. 7.2Reporting Protests and Complaints 7.2.1All protests and complaints brought before DIAA shall be in writing and shall be acted on only after the administrative head of the school involved has been given an opportunity to appear before the Board of Directors. 8.0DIAA Board of Directors Investigative Procedure 8.1The following investigative procedure shall be followed when the DIAA office receives information indicating that an incident has occurred which is not in the best interests of the interscholastic athletic programs of the member schools of DIAA. 8.1.1The administrative head of the member school involved shall be notified by telephone and confirmed by letter of the pending investigation (copy to be forwarded to the chief school officer). The notification shall contain an explanation of the nature of the investigation and identify the person(s) conducting the investigation. 8.1.2Permission shall be obtained from the administrative head of the member school to interview students and/or staff members and each person interviewed shall be informed of the nature of the investigation. 8.1.3Upon completion of the investigation, a written statement of charges shall be presented to the administrative head of the charged school (copy to be forwarded to the chief school officer). 8.1.4When immediate punitive action by the Executive Director is necessary, the action taken shall be stated in writing. 8.1.5When charges are to be presented to the DIAA Board of Directors, the charged school shall be advised of the meeting date, time, and location and shall be provided with an opportunity to respond to the charges. 9.0Waiver of DIAA Rules and Regulation 9.1General 9.1.1The DIAA Board has the authority to set aside the effect of any athletic rule or regulation, subject to any limitations set forth in the specific rule or regulation, when the affected party establishes by the preponderance of the evidence, all of the following conditions: 9.1.1.1In the case of eligibility waiver requests, there exists a hard ship as defined by 9.2.1; 9.1.1.2Strict enforcement of the rule in the particular case will not serve to accomplish the purpose of the Rule; 9.1.1.3The spirit of the rule being waived will not be offended or compromised; 9.1.1.4The [principal principle] of educational balance over athletics will not be offended or compromised; and 9.1.1.5The waiver will not result in a safety risk to teammates or competitors. 9.1.2Waivers are exceptional and extraordinary relief from the athletic rules and regulations. Ignorance of any rule alone, whether by the student athlete, his/her family or school, shall not be sufficient reason for waiving a rule. The burden of proof rests on the applicant (the student, his/her parents or guardians, principal, headmaster or other affected party) to show extenuating circumstances warranting waiver. 9.1.3The waiver request shall contain all facts pertaining to the case, including sufficient data to make it possible to reach a decision without further investigation. It is not the duty of the Executive Director or the DIAA Board to produce or collect information. 9.1.4Waiver requests would be filed promptly when it becomes apparent to the student, principal, headmaster or other affected party, that a waiver will be required. In any event, all requests for a waiver of the rules, with all documentation complete, must be received by the Executive Director at least 21 calendar days before the next regularly scheduled meeting of the DIAA Board in order to be placed on the agenda for that meeting. 9.1.4.1Notwithstanding this requirement, the Chairperson of the DIAA Board may at his/her discretion add a waiver request to an agenda in an emergency situation. Failure to file a waiver request in a timely manner when all information is available shall not be considered an emergency situation. 9.1.5The applicant is entitled to a hearing on his/her waiver request. Waiver hearings shall be conducted in an informal manner that affords all parties the opportunity to present all information and all relevant arguments. 9.1.5.1The DIAA Board may administer oaths, take testimony, hear proofs and receive exhibits into evidence at any hearing. Testimony at any hearing shall be under oath or affirmation. 9.1.5.2Any party to a proceeding before the DIAA Board may be represented by counsel. An attorney representing a party in a proceeding before the Board shall notify the Executive Director of the representation in writing as soon as practicable. 9.1.5.3Strict rules of evidence do not apply. Evidence having probative value commonly accepted by reasonably prudent people in the conduct of their affairs may be admitted into evidence. 9.1.5.4Any document introduced into evidence at the hearing shall be marked by the Board and shall be 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, if any, and to each of the Board members present for the hearing unless otherwise directed. 9.1.5.5Any request by the DIAA Board for additional information pertaining to a waiver request shall be promptly supplied by the affected students, coaches, and member schools. 9.1.5.6DIAA shall provide a stenographic reporter at a hearing at its own expense. 9.1.6The DIAA Board shall consider the entire record of the case in reaching its final decision. Unless otherwise provided, a decision made on a waiver request shall be effective immediately. 9.1.7The DIAA Board’s decision shall be incorporated into a final order, which shall be signed and mailed to the parties within twenty (20) days of the hearing. 9.2Eligibility Rule Waiver Request 9.2.1Unless specifically defined in the eligibility rule in question, “hardship” means a hardship peculiar to the student athlete caused by unforeseen events beyond the election, control or creation of the student athlete, his/her family, or school, which deprive him or her of all or part of one of his or her opportunities to participate in a particular sports season. Ignorance of any rule alone, whether by the student athlete, his/her family or school, shall not be sufficient reason for waiving a rule. The waiver provision is intended to restore eligibility that has been lost as a result of a hardship situation. Injury, illness or accidents, which cause a student to fail to meet the basic requirements, are possible causes for a hardship consideration. 9.2.2All eligibility hardship waiver requests shall be processed on forms approved by the DIAA Board and in accordance with the following procedures: 9.2.2.1A request for a waiver of the eligibility rules must be directed by the student to the involved member school’s principal, headmaster or their designee who shall then file a written request stating the full particulars of the case and the reasons felt by the student or the administrator, or both, for granting the waiver. 9.2.2.1.1All requests for eligibility rule waivers must be signed by the Principal or Headmaster of the school requesting the waiver and must include a letter from the Principle or Headmaster indicating whether the school supports the waiver request. 9.2.2.1.2The school shall submit a waiver request form when requested by individual student athletes. The DIAA Board, however, may take into consideration the school’s position on the waiver request when rendering its decision. 9.2.2.2To aid the DIAA Board in making an informed decision, the waiver request shall include the student’s: 9.2.2.2.1Official transcripts from the sixth grade through the current school year and semester grades for the current school year; 9.2.2.2.2Attendance records for the last two (2) years; 9.2.2.2.3A letter from the Principal or Headmaster either supporting or not supporting the waiver request; 9.2.2.2.4Medical records (if applicable); 9.2.2.2.5Legal documentation (if applicable); 9.2.2.2.6IEP’s (if applicable); and 9.2.2.2.7Any documentation/evidence to substantiate a hardship or extenuating circumstance exits. 9.2.3An appearance by the student and [their his or her] parent, guardian or Relative Caregiver before the DIAA Board is mandatory on requests for an eligibility waiver. An appearance by a school representative is strongly encouraged. 9.3Waiver Requests of Non-eligibility Rules 9.3.1The Principal or Headmaster of a member school, or any other individual may request a waiver of a rule, regulation, guideline, policy or procedure of DIAA not directly related to student eligibility when special circumstances arise that, in the Principal or Headmaster’s opinion, or in the opinion of the individual, call for relief from, or modification of the effects of the rule. 9.3.2All requests for non-eligibility waivers must be in writing, signed by the Principal or Headmaster. 9.3.3An appearance by the Principal or Headmaster or his/her designee or other individual requesting the non-eligibility waiver is optional. If the Principal or Headmaster or his/her designee or other individual requesting the non-eligibility waiver choose to appear before the DIAA Board he/she must notify the Executive Director of his/her intent to do so at the time the request for waiver is filed. Otherwise, the principal or his/her designee, or other individual, may attend the meeting but may not be permitted to address the DIAA Board. 9.3.4If the waiver requested would affect more than one member school, the waiver applicant shall provide the position of the other affected member schools on the waiver request in their written application. The failure to provide this information may result in a delay in the Board’s consideration of the waiver request. 10.0Appeal Procedure to the DIAA Board of Directors 10.1Decisions of the Executive Director, with the exception of those to uphold or rescind the suspension resulting from a game ejection, may be appealed de novo to the DIAA Board of Directors. The Board of Directors has been designated by the Secretary of Education to conduct fact finding hearings or conferences in matters regarding interscholastic athletics. 10.1.1Initiation of an Appeal to the DIAA Board 10.1.1.1Whenever a right of appeal of a decision to the DIAA Board of Directors is provided, an aggrieved person who is under the regulatory authority of DIAA and who has, in fact, suffered a direct injury due to the decision, may initiate an appeal by filing a Notice of Appeal with the Executive Director. The notice shall be in writing, shall be signed by the person making the request (or by the party’s authorized representative), and shall be delivered to the Executive Director by certified mail. 10.1.1.2The 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. 10.1.1.3The notice of appeal shall be filed within a reasonable time after the controversy arises, but in no event shall a notice be filed more than thirty (30) calendar days after the appellant’s receipt of written notice that official action has been taken by the Executive Director or other authorized person or body. 10.1.1.3.1Notwithstanding the above, the notice of appeal shall be served ten (10) calendar days after appellant’s receipt of written notice that official action has been taken by the Executive Director or the Sportsmanship Committee pursuant to 14 DE Admin. Code 1007. 10.1.1.4A copy of the notice of appeal shall be delivered to al other parties to the proceeding at the same time it is sent to the Executive Director. A copy of any other paper or document filed with DIAA shall also be provided to all other parties to the proceeding. If a party is represented by legal counsel, delivery to legal counsel is sufficient. 10.1.1.5Upon receipt of an adequately detailed notice of appeal, the Executive Director shall place the appeal on the on the next meeting agenda of DIAA. 10.1.2Record of Prior Proceedings 10.1.2.1If proceedings were previously held on the matters complained of in the notice, the committee which conducted those proceedings shall file a certified copy of the record of the proceedings with the Executive Director. 10.1.2.2The record shall contain any written decision, a copy of the rule or regulation involved, any minutes of the meetings(s) at which a disputed action was taken, a verbatim transcript of the hearing conducted by the party below, and all exhibits presented at the agency. 10.1.2.3The record shall be filed with the Executive Director within ten (10) days of the date the Executive Director notifies the committee that the notice was filed, unless directed otherwise. A copy of the record shall be sent to the appellant when it is submitted to the Executive Director. 10.1.3DIAA Board Hearing Procedures for Appeals 10.1.3.1Record Review 10.1.3.1.1If a hearing was previously held on the matters complained of in the notice, the parties to the proceeding before the DIAA Board may agree to submit the matter to the Board on the existing record without the presentation of additional evidence. The parties shall inform the Executive Director in writing of their agreement to submit the matter to the Board on the existing record no later than ten (10) days after the notice was filed. 10.1.3.1.2If 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 written statements shall be filed no later than ten (10) days before the consideration date, unless otherwise directed. 10.1.3.1.3If the parties agree to submit the matter for decision on the existing record, they may nonetheless request 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. 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. 10.1.3.1.4If the parties agree to submit the matter for decision on the existing record, the DIAA Board’s decision shall be based on the existing record, the written statements and oral argument, if any. 10.1.3.2Evidentiary Hearings 10.1.3.2.1Evidentiary 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 DIAA Board otherwise decides to receive additional evidence. 10.1.3.2.2The Chairperson or his/her designated representative shall be the hearing officer. The hearing officer shall conduct the hearing and make rulings on the admissibility of evidence. 10.1.3.2.3The DIAA Board of Directors may continue, adjourn, or postpone a hearing for good cause on motion of a party or upon its own motion. 10.1.3.2.4Objections to the admission of evidence shall be brief and shall state the grounds for such objections. Objections with regard to the form of question will not be considered. 10.1.3.2.5The hearing will proceed with the appellant first presenting its evidence and case. The responding party may then present its case. The appellant will have an opportunity to present rebuttal evidence. 10.1.3.2.6Opening and closing arguments and post hearing submissions of briefs or legal memoranda will be permitted in the discretion of the DIAA Board. 10.1.3.2.7Any 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 DIAA Board. 10.1.3.2.8The Board may administer oaths, take testimony, hear proofs and receive exhibits into evidence at any hearing. Testimony at any hearing shall be under oath or affirmation. 10.1.3.2.9Any party to a proceeding before the DIAA Board may be represented by counsel. An attorney representing a party in a proceeding before the Board shall notify the Executive Director of the representation in writing as soon as practicable. 10.1.3.2.10Strict rules of evidence do not apply. Evidence having probative value commonly accepted by reasonably prudent people in the conduct of their affairs may be admitted into evidence. 10.1.3.2.11Any document introduced into evidence at the hearing shall be marked by the DIAA Board and shall be 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, if any, and to each of the DIAA Board members present for the hearing unless otherwise directed. 10.1.3.2.12DIAA shall provide a stenographic reporter at a hearing at its own expense. 10.1.3.2.13The Board’s decision shall be incorporated into a final order, which shall be signed and mailed to the parties within twenty (20) days of the hearing. 11.0Appeal to the State Board of Education: Any party to a controversy involving the athletic rules and regulations, including a waiver thereof, may appeal to the State Board of Education by setting forth such grievance in a petition. The petition or notice of appeal shall be served on the Secretary of Education no later than thirty (30) calendar days after receipt of the decision. In addition, a copy of the petition or notice of appeal shall be served on the Executive Director of DIAA by certified or registered mail. Any decision shall otherwise be final. All appeals to the State Board of Education shall be on the basis of the record. (See14 Del.C.§312 and the State Board of Education Manual for the Conduct of Hearings Before the State Board of Education). 1050 1007 DIAA Sportsmanship 1.0Member schools are required to conduct all of their athletic affairs with other schools in a spirit of good sportsmanship. Acts which are prima facie evidence of a failure to abide by this rule are those which are noted below and others of a similar nature which transgress the usually accepted code for good sportsmanship. 1.1Failure to provide for proper control of spectators at a contest. When the number of spectators is expected to be large in relation to the seating capacity of the facility, uniformed state, county, or local police shall be provided for crowd control. The host school is expected to take reasonable and proper steps to assure crowd control under any foreseeable conditions. 1.2Failure of a team or competitor to stay in a contest until its normal end when failure to do so is related to dissatisfaction with the officiating of the contest, unless the physical safety of the team or competitor would have been endangered by continuing the contest. 1.3Harassment of game officials by a coach. Going onto the playing surface to interrupt a contest in protest of a decision by an official; conduct by a coach, team member, or any individual in the official party which invokes a penalty against the team; continued and visible actions by a coach which indicate to the team and/or to the spectators that the coach believes the game is being improperly officiated; public demonstrations with game officials which indicate to others extreme dissatisfaction with the officiating; and such related actions when exhibited in aggravated form are evidence of poor sportsmanship. 1.4Failure of a school to use every means at its disposal to impress upon its faculty, student body, team members, coaching staff, and spectators the importance of good sportsmanship before, during, and after athletic contests. The host school is encouraged to read a brief statement concerning sportsmanship prior to the start of each athletic contest. 1.5Failure of an administrator, athletic director, coach, athlete, official, or spectator to comply with the directions stipulated in the following Code of Interscholastic Athletics: 1.5.1The School Administrator and Athletic Director shall: 1.5.1.1Encourage and promote friendly relations and good sportsmanship throughout the school by requiring courtesy and proper decorum at all times, by familiarizing students and others in the community with the ideals of good sportsmanship, and by publicizing these concepts and attitudes so that all members of the school community understand and appreciate their meaning. 1.5.1.2Review the Sportsmanship Rule with all athletic staff. 1.5.1.3Insist upon strict compliance with all DIAA rules and regulations. 1.5.1.4Insist upon adequate safety provisions for both participants and spectators in all activities. 1.5.1.5Encourage all to judge the success of the interscholastic athletic program based on the attitude of the participants and spectators rather than on the number of games won or lost. 1.5.1.6Insist that all participants adhere to the highest standards of good sportsmanship as a means of ensuring desirable spectator attitudes. 1.5.1.7Provide sanitary and attractive facilities for the dressing and housing of visiting teams and officials. 1.5.2The Coach shall: 1.5.2.1Demonstrate high ideals, good habits, and desirable attitudes in his/ her personal and professional behavior and demand the same of his/her players. 1.5.2.2Recognize that the purpose of competition is to promote the physical, mental, social, and emotional well-being of the individual players and that the most important values of competition are derived from playing the game fairly. 1.5.2.3Be a modest winner and a gracious loser. 1.5.2.4Maintain self-control at all times and accept adverse decisions without public display of emotion or dissatisfaction with the officials. Register disagreement through proper channels. 1.5.2.5Employ accepted educational methods in coaching and give his/her players an opportunity to develop and use initiative, leadership, and judgement. 1.5.2.6Pay close attention to the physical well-being of his/her players, refusing to jeopardize the health of an individual for the sake of improving his/her team's chances to win. 1.5.2.7Teach athletes that it is better to lose fairly than to win unfairly. 1.5.2.8Discourage gambling, profanity, abusive language, and similar violations of the true sportsman's or sportswoman's code. 1.5.2.9Refuse to disparage an opponent, an official, or others associated with interscholastic athletics and discourage gossip and rumors about them. 1.5.2.10Properly supervise the athletes under his/her immediate care. 1.5.3The Participant (athletes and cheerleaders) shall: 1.5.3.1Be responsible for the perpetuation of interscholastic athletics. Strive to enhance the image of athletics not only as a member of a team but also as a member of your school and community. 1.5.3.2Be courteous to the visiting team. Your opponents wish to excel as much as you do. Respect their efforts. 1.5.3.3Play hard to the limit of your ability regardless of discouragement. The true athlete does not give up, quarrel, cheat, bet, or grandstand. 1.5.3.4Be modest when successful and be gracious in defeat. A true sportsman or sportswoman does not offer excuses for failure. 1.5.3.5Understand and observe the playing rules of the game and the standards of eligibility. 1.5.3.6Respect the integrity and judgement of the officials and accept their decisions without complaint. 1.5.3.7Respect the facilities of the host school and do not violate the trust entailed in being a guest. 1.5.4The Official shall: 1.5.4.1Know the rules and interpretations and be thoroughly trained to administer them. 1.5.4.2Maintain self-control in all situations. 1.5.4.3When enforcing the rules, do not make gestures or comments that will embarrass the players or coaches. 1.5.4.4Be impartial and fair, yet firm, in all decisions. A good official will not attempt to compensate later for an unpopular decision. 1.5.4.5Refrain from commenting upon or discussing a team, player, or game situation with those not immediately concerned. 1.5.4.6Conduct the game so as to enlist the cooperation of the players, coaches, and spectators in promoting good sportsmanship. 1.5.5The Spectator shall: 1.5.5.1Realize that he/she represents the school just as definitely as does a member of the team, and that he/she has an obligation to be a true sportsman or sportswoman and to encourage through his/her behavior the practice of good sportsmanship by others. 1.5.5.2Recognize that good sportsmanship is more important than victory by approving and applauding good team play, individual skill, and outstanding examples of sportsmanship and fair play exhibited by either team. The following are some examples of poor sportsmanship which shall not be tolerated: 1.5.5.2.1Profanity, vulgarity, obscene gestures, abusive language, and/or derogatory remarks. 1.5.5.2.2Throwing objects. 1.5.5.2.3Going onto the playing surface and interrupting a contest. 1.5.5.2.4Use of alcohol or other controlled substances. 1.5.5.3Respect the judgement and integrity of the officials, recognizing that their decisions are based upon game conditions as they observe them. 1.5.5.4Treat visiting teams and officials as guests extending to them every courtesy. 1.5.5.5Be modest in victory and gracious in defeat. 2.0Processing Violations 2.1Procedures 2.1.1The Executive Director is specifically authorized to pursue any matter which, on the surface, has indications of being a sportsmanship violation. 2.1.2Within twenty (20) calendar days of the incident, an alleged sportsmanship violation must be reported in writing to the Executive Director by the administrative head of a member school or by the Executive Board of an officials= association. 2.1.3The Executive Director shall transmit a copy of the report to the principal of the school(s) involved. 2.1.4Each principal concerned shall investigate and provide such information or answers to the report as are appropriate. 2.1.5The Executive Director shall provide member schools and officials’ associations with a specially designed form to facilitate the proper reporting of sportsmanship related incidents. 2.1.6Upon receipt of all reports, the Executive Director shall review the documents and inform the school(s) involved of his/her disposition of the matter. The Executive Director may, in turn, refer the matter to the Sportsmanship Committee to investigate and adjudicate what appears to be a violation of the Sportsmanship Rule. 2.1.7The Sportsmanship Committee shall review such available evidence as it deems necessary to reach a conclusion. Actions such as requesting reports and conducting interviews should not be interpreted as casting aspersions on a school adhering to DIAA regulations, but as an effort to keep all parties properly informed. Penalties up to and including suspensions of member schools may be imposed by the Sportsmanship Committee. 2.1.8A copy of the Sportsmanship Committee's action shall be filed with the Executive Director and the administrative head of the school(s) involved. 2.2Policies 2.2.1The basis for the following policy statement is that a member school shall not be represented by individuals whose conduct reflects discredit upon the school. Insofar as unsportsmanlike actions by participants and spectators are concerned, the Sportsmanship Committee shall refer to the items previously identified in the Code of Interscholastic Athletics as well as the following guidelines: 2.2.1.1The school whose administrator or athletic director behaves in a manner likely to have an adverse influence on the attitudes of the players or spectators may be provided with a choice of: 2.2.1.1.1Reprimanding its administrator or athletic director and providing written documentation to the Executive Director, or 2.2.1.1.2Suspending its administrator or athletic director from representing the school in athletic events for a specified period of time not to exceed 180 school days, or 2.2.1.1.3Having the entire school disciplined by DIAA. 2.2.1.2An athlete shall not strike an official, opponent, coach, or spectator or display gross misconduct before, during, or after an athletic event. The athlete, depending on the seriousness of the act, may be declared ineligible by the principal, Executive Director, or Sportsmanship Committee for a specified period of time not to exceed 180 school days. 2.2.1.3In the case of spectators physically assaulting an official, coach, or player, the school may be given the option of either taking punitive action against the offender or accepting discipline from DIAA. 2.2.1.4Schools that do not fully cooperate in promoting the spirit of the Sportsmanship Rule may be disciplined by DIAA. 2.2.1.5The school whose coach behaves in a manner likely to have an adverse influence on the attitudes of the players or spectators may be provided with a choice of: 2.2.1.5.1Reprimanding its coach and providing written documentation to the Executive Director, or 2.2.1.5.2Suspending its coach from representing the school in athletic events for a specified period of time not to exceed 180 school days, or 2.2.1.5.3Having the entire school disciplined by DIAA. 2.2.1.6An administrator, athletic director, or coach may be considered as having committed an unsportsmanlike act if: 2.2.1.6.1He/she makes disparaging remarks about the officials during or after a game either on the field of play, from the bench, or through any public news media, or 2.2.1.6.2He/she argues with the official or indicates with gestures or other physical actions his/her dislike for a decision, or 2.2.1.6.3He/she detains the official on the field of play following a game to request a ruling or explanation of some phase of the game, or 2.2.1.6.4He/she makes disparaging or unprofessional remarks about another school's personnel. 2.2.1.7All actions by a member school resulting from an investigation relative to the above policies shall be subject to approval by the Executive Director and/or the Sportsmanship Committee. 2.3Penalties 2.3.1Game Ejection 2.3.1.1A player or coach disqualified before, during, or after a contest for unsportsmanlike and flagrant verbal or physical misconduct shall be suspended from the next complete (a winner is determined or a tie is declared) contest at that level of competition and all other complete or suspended contests in the interim at any level of competition in addition to any other penalties which DIAA or a conference may impose. 2.3.1.1.1A player who leaves the team bench area and enters the playing field, court, or mat during a fight or other physical confrontation shall be ejected from the contest. A player who commits such an offense and is ejected by the game officials shall also be suspended from the next complete contest at that level of competition and all other complete or suspended contests at any level of competition in the interim. Additional penalties may be imposed if a player leaving the bench area becomes involved in the altercation. 2.3.1.2A disqualified player or coach may not be physically present at any contest in that sport during his/her suspension. 2.3.1.3If a coach is disqualified from the final contest of the season, his/her suspension shall carry over to the next year in that sport. In the case of an athlete, the same penalty shall apply if said athlete retains eligibility in that sport. 2.3.1.3.1Coaches who do not fulfill their penalty in the same sport shall be disqualified for the appropriate length of time in their subsequent coaching assignment. 2.3.1.3.2Seniors shall fulfill their penalty in the post-season all-star game in that sport. If not chosen to participate in the all-star game, they shall fulfill their penalty in another sport during the same season or another sport during a subsequent season. When a senior is disqualified from the last game of his/her high school career, the member school is requested to take appropriate administrative action to discipline the offending student. See 3 DE Reg. 436 (9/1/99) 2.3.1.4A player or coach ejected for a second time during the same season shall be subjected to a two-game suspension and meet, in a timely fashion, with the Sportsmanship Committee accompanied by his/her principal or designee and, in the case of an athlete, by his/her coach. 2.3.2The following penalties represent degrees of discipline in enforcing the Sportsmanship Rule: 2.3.2.1Reprimand - a reprimand may be given by the Executive Director or the Sportsmanship Committee. It is official notice that an unethical or unsportsmanlike action has occurred, is a matter of record and that such an occurrence must not be repeated. 2.3.2.2Probation - probation is a more severe penalty and may be imposed by the Executive Director or the Sportsmanship Committee on a member school, a particular team of a member school, a particular coach or athlete of a member school, or an official. Probation may be expressed in one of the following ways: 2.3.2.2.1Conditional probation wherein the offending party may participate in regular season contests, sanctioned events, and conference and state championships provided he/she/the school files with DIAA a plan indicating the measures that shall be taken to alleviate the problem which caused him/her/the school to be placed on probation, or 2.3.2.2.2Restrictive probation wherein a member school or a particular team of a member school may engage in its regular season schedule but may not enter any sanctioned events, participate in any playoff toward a conference or state championship, or be awarded a conference or state championship. 2.3.2.3Suspension - a member school, a particular team of a member school, a particular coach or athlete of a member school, or an official may not participate in any DIAA sanctioned interscholastic competition. 2.4Appeals 2.4.1Decisions of the Executive Director or Sportsmanship Committee may be appealed to the DIAA Board of Directors in accordance with the procedure found in 14 DE Admin. Code 1006.10. In accordance with subsection 1006.10.1.1.3.1, the notice of appeal shall be served by certified mail within ten (10) calendar days after the appellant’s receipt of the written notice that official action has been taken by the Executive Director or Sportsmanship Committee. 1008 DIAA Junior High/Middle School Interscholastic Athletics 1.0National Federation of State High Schools, Conferences, Contracts and Equivalency Rules 1.1National Federation of High school Associations 1.1.1DIAA is affiliated with the National Federation of State High School Associations (NFHS). The playing codes, sanctions, and other rules of the NFHS are adopted except as modified by the DIAA Board of Directors. 1.1.1.1The playing rules of the United States Tennis Association, the United States Golf Association and the United States Lacrosse Association are adopted for the sports of tennis, golf and girls’ lacrosse respectively except as modified by the DIAA Board of Directors. 1.2Conferences 1.2.1Member schools may establish voluntary conference organizations that may be composed of public and non-public schools. When established they must submit its proposed membership and its constitution and bylaws to the DIAA Board of Directors and must be approved by the DIAA Board of Directors before the schools may enter into any contractual agreements. 1.2.1.1All subsequent amendments to the constitution and bylaws of the conference must be compatible with all provisions of the DIAA Regulations; interpretations and rulings of the Executive Director, Sportsmanship Committee, and Board of Directors; state tournament regulations; and DIAA approved playing codes. 1.3Contracts 1.3.1Contracts between DIAA member schools or between DIAA member schools and full member schools of comparable state associations are encouraged but not required. 1.3.1.1Conference master contracts are approved substitutes for individual contracts. 1.3.1.2In the case of a dispute and provided either a signed individual contract or conference master contract was received in the DIAA office or postmarked prior to the contest in question, appeal may be made to the Executive Director or the DIAA Board of Directors which, after review of the circumstances, may assign an appropriate penalty. 1.3.1.2.1Without a signed individual contract or conference master contract, a member school has no right of appeal to the Executive Director or the DIAA Board of Directors. 1.3.2Contracts between DIAA member schools and non-member or associate member schools of comparable state associations are required. 1.3.2.1A copy of the signed contract must be either received by the Executive Director or postmarked prior to the contest for which the agreement was drawn up. Failure to file a signed contract as prescribed shall result in the DIAA member school being assessed a $15.00 fine. 1.3.2.2In the case of a dispute, a member school has no right of appeal to the Executive Director or the DIAA Board of Directors unless a signed individual contract is in place. 1.3.3Contracts shall be interchanged according to the following provisions: 1.3.3.1Contracts on the accepted form shall be arranged by the competing schools for each season's interscholastic athletic contests. 1.3.3.2Contracts shall be drawn up by the faculty manager or other designated staff member of the home school of the earlier contest. 1.3.3.3A signed contract or any part thereof may not be nullified or modified except by mutual agreement of both schools involved. 1.3.4If a game is not played, it shall be considered “no contest” unless a signed individual contract or conference master contract was received in the DIAA office or postmarked prior to the contest in question and one of the participating schools breached the agreement in which case appeal may be made to the Executive Director or the DIAA Board of Directors. 1.4Equivalent Rules 1.4.1A full member school shall not participate in a scrimmage or contest with an instate school that is not a member in good standing of DIAA. 1.4.1.1Scrimmage is defined as: an informal competition between schools in which officials are not compensated, a score is not kept, the time periods are modified, the results of the competition are not reported to the media, the coaches may interrupt the play tp provide instruction and the competition is strictly for practice purposes. 1.4.2A full member school shall not participate in a scrimmage or contest with an associate or non-member school of another state association unless the opposing school, as part of a written contract, certifies that its contestants are eligible under the rules of its home state association. 1.4.3An associate member school shall not participate in a scrimmage or contest with an in-state school that is not a member in good standing of DIAA unless the opposing school complies with the conditions specified in 1.4.2. However, the opposing school shall be exempt from those rules which DIAA has waived for its associate member school. 1.4.4Member schools shall not participate in a practice, scrimmage, or contest with a non-school sponsored team. 1.4.5Member schools shall not participate in a practice, scrimmage, or contest with college students. This provision shall not apply to games played against the alumni or faculty of the school when the game is sponsored by school authorities. 1.4.6A school which participates in a game against an illegal opponent shall be required to forfeit the contest and be assessed a $100.00 fine. 2.0Eligibility: No student shall represent a school in an interscholastic scrimmage or contest if he/she does not meet the following requirements. 2.1Eligibility, Grades and Age 2.1.1The junior high /middle school interscholastic program shall include grades 6-8, inclusive. No junior high/middle school student who has completed a season at the junior high/middle school level shall compete in the same sport at the senior high school level during the same school year. A junior high/middle school student who participates in a varsity or sub-varsity game at the high school level shall be ineligible to participate at the junior high/ middle school level in the same sport. 2.1.1.1Eighth-grade students who become 15 years of age on or after June 15 in a school terminating in the eighth grade shall be eligible for all sports during the current school year provided all other eligibility requirements are met. 2.1.1.2Permission shall be granted for 15-year old eighth-grade students in a school terminating in the eighth grade who are ineligible for junior high/middle school competition to participate in the district high school athletic program provided they meet all other eligibility requirements. In determining the age of a contestant, the birth date as entered on the birth record of the Bureau of Vital Statistics shall be required and shall be so certified on all eligibility lists. 2.1.2Requests for waiver of the age requirement shall be considered only for participation on an unofficial, non-scoring basis in non-contact sports. 2.2Eligibility, Residence 2.2.1With the exception of boarding school students, a student must be living with his/her custodial parent(s) legal guardian(s) or Relative Caregiver in the attendance zone of the school which he/she attends in order to be eligible for interscholastic athletics in that school. In cases of joint custody, the custodial parent shall be the parent with actual physical placement as determined by court action. In the case of shared custody the parents must commit to sending the student to a particular school for the year. Maintaining multiple residences to circumvent this requirement shall render the student ineligible. 2.2.1.1A student who, pursuant to established school board policy or administrative procedure, remains in a school he/she has been attending after his/her legal residence changes to the attendance zone of a different school in the same school district, may exercise, prior to the first official student day of the subsequent academic year, a one time election to remain at his/her current school and thereby not lose athletic eligible. If a student chooses to remain at his/her current school and then transfers to the school in his/her new attendance zone on or after the first official student day of the subsequent academic year, he/she shall be ineligible for ninety (90) school days. 2.2.1.2A student who changes residence to a different attendance zone after the start of the last marking period and, pursuant to established school board policy or administrative procedure, is granted permission to continue attending his/her present school, the student shall retain his/her athletic eligibility in that school for the remainder of the school year provided all other eligibility requirements are met. 2.2.1.3A student may be residing outside of the attendance zone of the school which he/she attends if the student is participating in the Delaware School Choice Program as authorized by 14 Del.C., Ch.4. 2.2.1.4A student who is a non-resident of Delaware shall be eligible to attend a public school, charter school or career-technical school if, in accordance with 14 Del.C. §607, his/her custodial parent, legal guardian or Relative Caregiver is a full-time employee of that district. 2.2.1.5Notwithstanding 2.2.1, a student shall be eligible at a public school, charter school or vocational-technical school if he/ she is enrolled in accordance with 14Del.C. §202(f), the [Relative] Caregivers School Authorization. 2.2.1.5.1An exception would be a student whose [relative caregiver Relative Caregiver] does not provide the documentation required by the [Caregivers’Relative Caregiver] School Authorization (proof of relation and proof of full-time care) but is permitted to register on the basis of a petition for the transfer of guardianship. A student who registers on the basis of a petition for the transfer of guardianship is not eligible to scrimmage or compete until the Relative Caregiver has provided the aforementioned required documentation or has received a signed court order designating him/her as the student’s legal guardian. 2.2.1.6Notwithstanding 2.2.1, a student who is homeless as defined in the McKinney-Vento Act, 42 U.S.C. 11434a(2) shall be eligible to participate at the public school in which he/she is enrolled. 2.3Eligibility, Enrollment and Attendance 2.3.1A student must be legally enrolled in the junior high/middle school which he/she represents in order to participate in a practice, scrimmage, or contest. 2.3.2Students with disabilities who are placed in special schools or programs administered by a school district or charter school which sponsors junior high/middle school interscholastic athletics. 2.3.2.1Definitions: “Campus” means a contiguous land area containing one or more school buildings. “Special School or Program” means a school or program approved by the Department of Education with the approval of the State Board of Education to serve students with disabilities, but does not include alternative schools. “Student With a Disability” means a “child with a disability” as that term in the Administrative Manual for Special Education Services (AMSES), 14 DE Admin. Code 925. 2.3.2.2A student with a disability who is placed in a special school or program administered by a school district or charter school which sponsors junior high/middle school interscholastic athletics shall be eligible to participate in interscholastic athletics as follows: 2.3.2.2.1If the special school or program sponsors the interscholastic sport in question, the student shall be eligible to participate only at the school or program. 2.3.2.2.2If the special school or program does not sponsor the interscholastic sport in question and the student is served in a regular junior high/middle school for all or part of the school day, the student shall be eligible only at that regular junior high/middle school. 2.3.2.2.3If the special school or program does not sponsor the interscholastic sport in question, and the student is served exclusively in the special school or program, and the special school or program is located on the campus of a regular junior high/middle school, the student shall be eligible only at the regular junior high/middle school on the same campus. 2.3.2.2.4If the special school or program does not sponsor the interscholastic sport in question, and the student is served exclusively in the special school or program, and the special school or program is not located on the campus of a regular junior high/middle school the student shall be eligible only at the regular junior high/middle school designated to serve the special school’s or program’s students. 2.3.2.2.4.1School districts or charter schools which administer special schools or programs and have multiple middle schools shall decide which of its regular middle schools shall be designated to serve special school or program students in these circumstances. 2.3.3A student who is participating in the Delaware School Choice Program, as authorized by 14 Del.C. Ch.4, is obligated to attend the choice school for a minimum of two (2) years unless the student’s custodial parent(s), legal guardian(s) or Relative Caregiver relocate to a different school district or the student fails to meet the academic requirements of the choice school. If a student attends a choice school for less than two (2) years and subsequently returns to his/her home school, the student must receive a release from the choice district in order to legally enroll at his/her home school. Without a release, the student would not be legally enrolled and consequently would be ineligible to participate in interscholastic athletics. 2.3.4A student may not participate in a practice, scrimmage, or contest during the time a suspension, either in-school or out-of-school, is in effect or during the time he/she is assigned to an alternative school for disciplinary reasons. 2.3.5A student who is not legally in attendance at school due to illness or injury shall not be permitted to participate in a practice, scrimmage, or contest on that day. 2.3.6A Student who fails to complete a semester or absence for one or more semesters for reasons other than personal illness or injury shall be ineligible for ninety (90) school days from his/her reentry to school. 2.3.7An eligible student who practices in violation of 2.2.2 through 2.2.5 shall. When he/she regains her eligibility, be prohibited from practicing, scrimmaging or competing for an equivalent number of days. 2.4Eligibility-Transfers 2.4.1A student who has not previously participated in interscholastic athletics (previous participation is defined as having practiced, scrimmaged or competed in grades 6 through 8), is released by a proper school authority from a sending school, has completed the registration process at the receiving school, and is pursuing an approved course of study shall be eligible immediately upon registration provided he/she meets all other DIAA eligibility requirements. 2.4.2If a student has previously participated in interscholastic athletics, he/she shall be ineligible for a period of ninety (90) school days commencing with the first day of official attendance in the receiving school unless one of the following exceptions applies: 2.4.2.1The transfer is within a school district and is approved by the district's superintendent pursuant to established school board policy or administrative procedure. This provision shall not apply to a student who transfers to his/her home school from a “choice school” within the district and who has not completed the two-year attendance requirement unless he/she satisfies the conditions stipulated in 2.4.2.5.1 through 2.4.2.5.4. This provision shall also not apply to a student who transfers from a “choice school” to another “choice school” within the district (see 1.4.6.1). 2.4.2.2The transfer is caused by court action, court action being an order from a court of law affecting legally committed students. In the case of a transfer of guardianship/custody, the transfer shall be the result of a court order signed by a judge, commissioner, or master of a court of competent jurisdiction. A petition for the transfer of guardianship/custody, an affidavit, (except as permitted by 2.4.2.3) or a notarized statement signed by the affected parties shall not be sufficient to render the student eligible to participate in interscholastic athletics. 2.4.2.3The transfer is in accordance with 14 Del.C. §202(f), the Caregivers School Authorization. 2.4.2.3.1An exception would be a student whose relative caregiver does not provide the documentation required by the [Caregivers Relative Caregiver] School Authorization (proof of relation and proof of full-time care) but is permitted to register on the basis of a petition for the transfer of guardianship. A student who registers on the basis of a petition for the transfer of guardianship is not eligible to scrimmage or compete until the Relative Caregiver has provided the aforementioned required documentation or has received a signed court order designating him/her as the student’s legal guardian. 2.4.2.4The transfer is the result of a change in residence by the custodial parent(s) legal guardian(s) or Relative Caregiver from the attendance zone of the sending school to the attendance zone of the receiving school. A change in residence has occurred when all occupancy of the previous residence has ended. A student who transfers shall be eligible in the receiving school immediately when the custodial parent(s) legal guardian(s) or Relative Caregiver has established a new legal residence in another public school attendance zone. 2.4.2.5The transfer occurs after the close of the sending school's academic year and prior to the first official student day of the receiving school's academic year provided: 2.4.2.5.1The student has completed the registration process at the receiving school prior to the first official student day of the academic year. The first official student day shall be defined as the first day on which students in any grade in that school are required to be in attendance. 2.4.2.5.2The student has not attended class, excluding summer school, or participated in a scrimmage or contest at the sending school since the close of the previous academic year. 2.4.2.5.3The student's legal residence is located in the attendance zone of the receiving school. 2.4.2.5.4All other DIAA eligibility requirements have been met. 2.4.2.6The transfer is the result of the student being homeless as defined in the McKinney-Vento Act, 42 U.S.C. 11434a(2). 2.4.2.6.1Notwithstanding the above, the student shall be ineligible under the ninety (90) school day ineligibility clause where the student’s homeless status is created by the student or his/her family for the primary reason of: 2.4.2.6.1.1Seeking a superior team; 2.4.2.6.1.2Seeking a team more compatible with the student’s abilities; or 2.4.2.6.1.3Dissatisfaction with the philosophy, policies, methods or actions of a coach or administrator pertaining to interscholastic athletics; or 2.4.2.6.1.4Avoiding disciplinary action imposed by the school of origin related to affecting interscholastic athletic participation. 2.4.3Transfer Because of a Change in the Program of Study or Financial Hardship If a waiver of the ninety (90) school day ineligibility clause is requested due to a desired change in the program of study or financial hardship, the parent(s), legal guardian(s) or Relative Caregiveris responsible for providing documentation to the DIAA Board of Directors to support the request. 2.4.3.1Documentation for Change in Program of Study: Documentation for change in program of study (a multi-year hierarchical sequence of courses with a common theme or subject matter leading to a specific outcome) shall include: 2.4.3.1.1The student’s schedule; 2.4.3.1.2The student’s transcript; 2.4.3.1.3Current course descriptions from both the sending and receiving schools; 2.4.3.1.4A statement from the principal of the sending school indicating that a significant part of the student's desired program of study will not be offered and that it will place the student at a definite disadvantage to delay transfer until the end of the current school year; and 2.4.3.1.5A statement from the principals of both the sending and receiving school that the student is not transferring for athletic advantage (see 2.4.5). 2.4.3.2Documentation for Financial Hardship: Documentation for financial hardship shall include: 2.4.3.2.1Proof of extreme financial hardship caused by significant loss of income and/or increased expenses; and 2.4.3.2.2A statement from the principal of both the sending and receiving schools that the student is not transferring for athletic advantage (see 2.4.5). 2.4.4Transfer Because of a Custody Change: In cases of joint or shared custody when a primary residence is established, a change in a student’s primary residence without court action subjects the student to the ninety (90) school day ineligibility clause. 2.4.5A change of custody or guardianship for athletic advantage shall render a student ineligible under the ninety (90) school-day ineligibility clause if the reason for his/her transfer is one of the following: to seek a superior team, to seek a team more compatible with his/her abilities, dissatisfaction with the philosophy, policies, methods, or actions of a coach or administrator pertaining to interscholastic athletics, or to avoid disciplinary action imposed by the sending school related to or affecting interscholastic athletic participation. 2.4.6A student who transfers from a public, private, career-technical school or charter school to a school of choice, as authorized by 14 Del.C., Ch.4 shall be eligible immediately provided the transfer occurs after the close of the sending school's academic year and prior to the first official student day of the receiving school's academic year. 2.4.6.1A student who transfers from a school of choice to another school of choice shall be ineligible to participate in interscholastic athletics during his/ her first year of attendance at the receiving school unless the receiving school sponsors a sport(s) not sponsored by the sending school in which case the student shall be eligible to participate in that sport only. 2.4.7A student who transfers from a school of choice to either a private school, public school, career technical school or, after completing his/her two year commitment, to a public charter school, shall be eligible immediately provided the transfer occurs after the close of the sending school’s academic year. 2.4.8If a student transfers with fewer than ninety (90) school days left in the academic year, he/she shall be ineligible for the remainder of the school year but shall be eligible beginning with the subsequent fall sports season provided he/she is in compliance with all other eligibility requirements. 2.5Eligibility, Amateur Status 2.5.1A student may not participate in an interscholastic sport unless he/she is considered an amateur in that sport. A student forfeits his/her amateur status if he/ she does any of the following: 2.5.1.1Knowingly plays on or against a professional team which is defined as a team having one or more members who have received or are receiving directly or indirectly monetary consideration for their athletic services. 2.5.1.2Signs a professional contract, accepts reimbursement for expenses to attend a professional tryout, or receives financial assistance in any form from a professional sports organization. 2.5.1.3Enters competition under an assumed name. The surname and given name used by any player in the first game of interscholastic competition shall be used during the remainder of the student's interscholastic career. Any change in spelling or use of another name shall be regarded as an attempt to evade this rule unless the change has been properly certified by the player to the principal of the school. 2.5.1.4Receives remuneration of any kind or accepts reimbursement for expenses in excess of the actual and necessary costs of transportation, meals, and lodging for participating in a team or individual competition or an instructional camp/clinic Reimbursement for the aforementioned expenses is permitted only if all of the participants receive the same benefit. 2.5.1.5Receives cash or a cash equivalent (savings bond, certificate of deposit, etc.), merchandise (except as permitted by 9.1.4) or a merchandise discount (except for discount arranged by school for part of team uniform) a reduction or waiver of fees, a gift certificate, or other valuable consideration as a result of his/her participation in an organized competition or instructional camp/clinic. Accepting an event program and/or a complimentary item(s) (t-shirt, hat, equipment bag, etc.) that is inscribed with a reference to the event, has an aggregate retail value of no more than $150.00, and is provided to all of the participants, shall not jeopardize his/ her amateur status. 2.5.1.6Sells or pawns awards received. 2.5.1.7Uses his/her athletic status to promote or endorse a commercial product or service in a newsprint, radio, or television advertisement or personal appearance. 2.5.2Accepting compensation for teaching lessons, coaching, or officiating shall not jeopardize his/her amateur status. 2.5.3A student who forfeits his/her amateur status under the provisions of this rule is ineligible to participate at the interscholastic level in the sport in which the violation occurred. He/she may be reinstated after a period of up to 180 school days provided that during the suspension, he/she complies with all of the provisions of this rule. The suspension shall date from the time of the last offense. 2.6Eligibility, Passing Work 2.6.1In order to be eligible for participation in interscholastic athletics, including practices, a student must pursue a regular course of study or its equivalent as approved by the local governing body, and must be passing at least four (4) courses. Two (2) of those courses must be in the areas of English, Mathematics, Science, or Social Studies. 2.6.1.1A student who is receiving special education services and is precluded from meeting the aforementioned academic requirements due to modifications in the grading procedure or course of study, shall be adjudged eligible by the principal if he/she is making satisfactory progress in accordance with the requirements of his/her individualized education plan (IEP). 2.6.2A student whose work in any regular marking period does not meet the above standards shall be ineligible to participate in interscholastic athletics, including practices, for the next marking period. 2.6.2.1In the case of a conflict between the marking period grade and the final grade, the final grade shall determine eligibility. 2.6.2.2The final accumulation of credits shall determine eligibility for the first marking period of the following school year. When a student makes up a failure or earns the required credit(s) during the summer, he/she shall become eligible provided he/she successfully completes the course work prior to the first official student day of the school year. 2.6.2.3Written verification of the successful completion of a correspondence course must be received before a student shall regain his/her eligibility. 2.6.3A student forfeits or regains his/her eligibility, in accordance with the provisions of this rule, on the day report cards are issued. 2.6.4Local school boards and non-public schools may establish more stringent requirements for academic eligibility than the minimum standards herein prescribed. 2.6.5An ineligible student who practices in violation of 2.6.1. 2.6.2 or 2.6.3. shall, when he/she regains his/her eligibility, be prohibited from practicing, scrimmaging, or competing for an equivalent number of days. 2.7Eligibility, Years of Participation 2.7.1No student shall represent a school in athletics after four (4) consecutive semesters from the date of his/her first entrance into the seventh grade in schools which restrict participation in interscholastic athletics to students in grades 7 and 8 unless a waiver is granted for hardship reasons. 2.7.1.1No student shall have more than two (2) opportunities to participate in a fall sport or combination of fall sports, in a winter sport or combination of winter sports, or in a spring sport or combination of spring sports. 2.7.1.2“Hardship” shall be defined as extenuating circumstances peculiar to the student athlete caused by [unforseen unforeseen] events beyond the election, control or creation of the student athlete, his/her family, or school which (1) deprive him/her of all or part of one of his/her opportunities to participate in a particular sports season; (2) preclude him/her from completing the academic requirements for graduation within the normal period of eligibility; and (3) deprive him/her of all or part of one of his/her opportunities to participate in a particular sport. The waiver provision is intended to restore eligibility that has been lost as a result of a hardship situation. Injury, illness or accidents, which cause a student to fail to meet the basic requirements, are possible causes for a hardship consideration. 2.7.1.2.1A waiver shall not be granted under this section where DIAA finds that the student was academically eligible pursuant to DIAA’s minimum passing work standards but was ineligible to participate under more stringent locally adopted academic standards and where the local school board has adopted its own waiver or exemption policy. 2.7.1.2.2A clear and direct causal relationship must exist between the alleged hardship condition and the failure of the student to complete the academic requirements for promotion within the normal period of eligibility and the loss of all or part of one of his/ her opportunities to participate in a particular sports season. 2.7.1.2.3The burden of proof rests with the student in conjunction with the waiver process as described in 14 DE Admin. Code 1006. Claims of extended illness, debilitating injury, emotional stress, etc., must be accompanied by appropriate documentation. Evidence must be submitted to verify that the student or his/her parent(s) or court appointed legal guardian(s) sought assistance to ameliorate the effects of the hardship condition. 2.7.2No student shall represent a school in athletics after six (6) consecutive semesters from the date of his/her first entrance into the sixth grade in schools which permit students in grades 6, 7 and 8 to participate in interscholastic athletics unless a waiver is granted for hardship reasons 2.7.2.1No student shall have more than three (3) opportunities to participate in a fall sport or combination of fall sports, in a winter sport or combination of winter sports, or in a spring sport or combination of spring sports. 2.7.2.2Participation on the part of a sixth-grade student shall be at the discretion of the individual school. 2.7.2.3Sixth-grade students shall not be permitted to participate in football unless the conference develops a classification system that is approved by the DIAA Board of Directors. 2.7.3Students below the sixth grade shall not be permitted to practice, scrimmage, or compete on junior high/ middle school interscholastic teams. 2.7.4Participation shall be defined as taking part in a school sponsored practice, scrimmage, or contest on or after the first allowable date for practice in that sport. 2.8Student Eligibility Report Forms 2.8.1Member schools shall use eligibility forms approved by the Executive Director. A copy of the original eligibility report and subsequent addenda must be either received by the Executive Director or postmarked prior to the first contest for which the students listed are eligible. Failure to file an eligibility report as prescribed shall result in a $15.00 fine against the school. 2.8.1.1In the case of a student who met all DIAA eligibility requirements but was omitted from the eligibility report due to administrative or clerical error, he/she shall be adjudged eligible and the school assessed a $10.00 fine. 2.9Use of an Eligible Athlete: 2.9.1If a school uses an ineligible athlete, the administrative head or his/her designee shall notify the opposing school(s) or event sponsor, in the case of a tournament or meet, and the Executive Director in writing of the violation and the forfeiture of the appropriate game(s), match(es) and/or point(s) won. 2.9.2The deliberate or inadvertent use of an ineligible athlete in the sports of soccer, football, volleyball, field hockey, basketball, baseball, softball, and lacrosse shall require the offending school to forfeit the contest(s) in which the ineligible athlete participated. 2.9.2.1If the infraction occurs during a tournament, the offending school shall be replaced by its most recently defeated opponent. Teams eliminated prior to the most recently defeated opponent shall not be allowed to reenter the tournament. Team and/or individual awards shall be returned to the event sponsor and team and/or individual records and performances shall be nullified. 2.9.2.2The offending school may appeal to the DIAA Board of Directors for a waiver of the forfeiture penalty. If the forfeiture penalty is waived, the offending school shall be reprimanded and fined $200.00 unless the athlete or his/her parent(s) or court appointed legal guardian(s) knowingly withheld information or provided false information that caused him/her to be eligible for interscholastic competition. The burden of proof, in both cases, rests entirely with the offending school. A forfeit shall constitute a loss for the offending school and a win for its opponent for purposes of standings. A forfeit shall be automatic and not subject to refusal by the offending school's opponent. 2.9.3The deliberate or inadvertent use of an ineligible athlete in the sports of cross country, wrestling, swimming, track, golf, and tennis shall require the offending school to forfeit the matches won and/or points earned by the ineligible athlete or by a relay team of which he/she was a member. The points contributed by an ineligible athlete to his/her team score shall be deleted and the contest score as well as any affected placements will be adjusted according to the rules of that sport. 2.9 3.1If the infraction occurs during a tournament, the ineligible athlete shall be replaced by his/her most recently defeated opponent or next highest finisher. Contestants eliminated prior to the most recently defeated opponent shall not be allowed to reenter the tournament. 2.9.3.2Individual awards earned by the ineligible athlete and team awards, if necessary because of adjustments in the standings, shall be returned to the event sponsor. Individual records and performances by the ineligible athlete shall be nullified. 2.9.4If an ineligible athlete participates in interscholastic competition contrary to DIAA rules but in accordance with a temporary restraining order or injunction against his/her school and/or DIAA, and the injunction is subsequently vacated, stayed, or reversed, or the courts determine that injunctive relief is not or was not justified, or the injunction expires without further judicial determination, the penalties as stipulated in 2.9.1 and 2.9.2 shall be imposed. 2.9.5The intentional use of an ineligible athlete by a member school or repeated indifference to its responsibility to determine the eligibility of its athletes will subject the school to additional penalties which may include suspension for the number of days up to the length of the school year from the date the charge is substantiated. 2.9.6If a coach knowingly withholds information or provides false information that causes an athlete to be eligible for interscholastic competition, the coach shall be suspended from coaching in any sport at any DIAA member school for up to the number of days up to the length of the school year from the date the charge is substantiated. 2.9.7If an athlete or his/her parent(s, legal guardian(s), or Relative Caregiver knowingly withholds information or provides false information that causes him/ her to be eligible for interscholastic competition, the athlete shall be suspended from participation in any sport at any DIAA member school for up to the number of days up to the length of the school year from the date the charge is substantiated. 2.10Determination of Student Eligibility and the Appeal Procedures 2.10.1In cases of uncertainty or disagreement, the eligibility of a student shall be determined initially by the Executive Director. If the Executive Director determines that the student is ineligible, the school and the student shall be notified and the student suspended immediately from participation in interscholastic athletics. 2.10.2The school and the student shall be informed that the decision of the Executive Director may be appealed to the DIAA Board of Directors. 2.10.3Decisions of the DIAA Board of Directors to affirm, modify, or reverse the eligibility rulings of the Executive Director may be appealed to the State Board of Education in accordance with the procedure described in Regulation 1006 Section 10.1.3. 3.0Physical Examinations, Weight Control Programs for Wrestling and Required Medical Personnel in Attendance at All Football Games 3.1Physical Examinations 3.1.1A student shall not be eligible to practice, scrimmage, or compete in an interscholastic contest unless he/she has been adequately examined by a licensed physician (M.D. or D.O.), a certified nurse practitioner, or a certified physician's assistant on or after May 1 and before beginning such athletic activity for the current school year. 3.1.2A certificate to that effect, as well as the parent's, legal guardian's or Relative Caregiver’s consent, shall be on file with the administrative head of the school prior to the student participating in a practice, scrimmage, or game. 3.1.3For any subsequent sports season in the school year, a limited reexamination shall be performed if any of the following circumstances exist: the athlete has been treated for an injury during the preceding sports season, the athlete has been out of school during the preceding sports season with an illness other than the usual minor upper respiratory or gastrointestinal upset, an operation has been performed on the athlete during the preceding term, or the athlete has a remedial defect. 3.1.4The medical history of the student should be available at the time of each examination. 3.1.5A player who is properly certified to participate in interscholastic athletics but is physically unable to participate for five (5) consecutive days on which a practice, scrimmage, or contest is held due to illness or injury, must present to the administrative head of the school or designee, a statement from a qualified physician that he/she is again physically able to participate. 3.2Wrestling Weight Control Program 3.2.1Each year, four (4) weeks from the first day he/she appears at practice, a wrestler must establish his/ her minimum weight class at a weigh-in witnessed by and attested to in writing by the athletic director or a designated staff member (excluding coaches) of the school the wrestler attends. A wrestler may re-certify at a lower weight during the 4 weeks from the first day he/she appears at practice. However, once certified at a weight, a wrestler may not weigh-in more than one class above the weight of the certification without automatically re-certifying at a higher weight. Once re-certified to a higher weight class the wrestler can no longer re-certify lower. After 4 weeks from the first practice day a wrestler may not compete in a weight class below his duly established weight class. 3.2.2The weight classifications shall be as follows: 76 lbs.100 lbs.124 lbs.148 lbs. 82 lbs.106 lbs.130 lbs.155 lbs. 88 lbs.112 lbs.136 lbs.165 lbs. 94 lbs.118 lbs.142 lbs.250 lbs. (minimum weight 164 lbs.) 3.2.3With the exception of the above weight classifications, the current edition of the NFHS Wrestling Rules Book shall apply. 3.2.4By the end of four (4) weeks of practice, a certified team roster listing the established minimum weight class of each wrestler shall be sent to the Executive Director of DIAA. Further, duly attested notices of additions to the certified roster shall be sent to the Executive Director without delay. 3.2.5Schools which desire to conduct their wrestling program at a time other than the specified season must request permission from the Executive Director. 3.2.5.1A team which begins its season in October shall receive a one-pound growth allowance in November and an additional pound in December. A team which begins its season in November shall receive a one-pound growth allowance in December, an additional pound in January, and a third pound in February. 3.3Required Medical Personnel In Attendance at All Football Games 3.3.1Provision shall be made for a licensed physician, a NATA certified athletic trainer, or a registered nurse to be present at all interscholastic football games in which a member school participates. The host school shall provide this service. Failure by the host school to provide this service shall result in a $100.00 fine. 4.0Sports Seasons, Practice Sessions and Maximum Game Schedules and designated Sports Seasons 4.1Sports Seasons 4.1.1The fall sports season shall begin on August 25 and end not later than December 1. Practice for any fall sport shall not begin earlier than August 25. 4.1.1.1The first three (3) days of football practice shall be primarily for the purpose of physical conditioning and shall be restricted to non-contact activities. Coaches may introduce offensive formations and defensive alignments, run plays on "air", practice non-contact phases of the kicking game, and teach non-contact positional skills. Protective equipment shall be restricted to helmets, mouth guards and shoes. The use of dummies, hand shields, and sleds in contact drills is prohibited. Blocking, tackling, and block protection drills which involve any contact between players are also prohibited. 4.1.1.2No member school shall participate in spring football games nor shall a member school conduct football practice of any type outside of the regular fall sports season except when participating in the state tournament." Organized football" or "organized football practice" shall be defined as any type of sport which is organized to promote efficiency in any of the various aspects of football. Touch football, featuring blocking, tackling, ball handling, signaling, etc. shall be considered "organized football" and shall be illegal under the intent of this rule 4.1.2The winter sports season shall begin 21 days before the first Friday in December and end not later than March 1. Practice for any winter sport shall not begin earlier than 21 days before the first Friday in December 4.1.3The spring sports season shall begin on March 1 and end not later than the last school day. Practice for any spring sport shall not begin earlier than March 1. 4.1.4A school which conducts practice prior to the first allowable date shall pay a $100.00 fine per each illegal practice day and a school which participates in a game prior to the first allowable date shall be required to forfeit the contest and pay a $100.00 fine. 4.1.5No member school shall participate in a post season contest without the written approval of the Executive Director. 4.2Practice Sessions 4.2.1A practice session shall be defined as any instructional or conditioning activity on the field, court, mat, or track or in the pool, weight room, or classroom such as team meetings, film reviews, chalkboard sessions, warm-up and cool down exercises, drills, and mandatory strength training, etc. Member schools shall conduct a minimum of 21 calendar days of practice under the supervision of the school's coaching staff prior to the first scheduled contest in all sports. 4.2.2Practice sessions shall be limited to two (2) hours on official school days. Split sessions may be conducted, but practice time shall not exceed two (2) hours for any individual athlete. The two-hour practice limitation does not include time for non-instructional activities such as dressing, showering, transportation, or training room care. 4.2.3Practicing on holidays and weekends shall be left to the individual schools and conferences. However, there shall be one day of no activity (practice, scrimmage or contests) during any seven day period. 4.2.4A student shall be required to practice for a period of at least seven (7) calendar days prior to participating in a contest. However, if an eighth grade student has been participating in a state tournament during the preceding sports season and is unable to begin practicing at least seven (7) calendar days before his/her team's first contest, he/she shall be exempt from this requirement. 4.2.5A school which exceeds the two-hour practice limitation shall pay a $100.00 fine. 4.3Maximum Game Schedules and Designated Sports Seasons: 4.3.1The maximum number of regularly scheduled interscholastic contests/competition dates for each team and individual in the recognized sports and their designated season shall be as follows: Team Limitations Individual Limitations Sport Season Week Week Day Fall Cross Country (boys and girls) 12 competition dates +2 competition dates +2 competition dates Field Hockey (girls) 12 contests 2 contests 2 competition dates 2 halves Football (boys) 8 contests 1 contest 4 quarters Soccer (boys) 12 contests 2 contests 2 competition dates 2 halves Volleyball (girls) 12 competition dates 2 competition dates 2 competition dates of which one date may involve more than 2 teams Winter Basketball (boys and girls) 14 contests 2 contests 2 competition dates 4 quarters Wrestling (boys) * 12 contests 2 competition dates 2 competition dates 5 matches Spring Baseball (boys) 12 contests 2 contests 2 contests Softball (girls) 12 contests 2 contests 2 contests Outdoor Track (boys and girls) 10 competition dates +2 competition dates +2 competition dates Tennis (boys and girls) 12 contests 2 contests 2 contests 2 halves Outdoor Track (boys and girls) 10 competition dates + 2 competition dates + 2 competition dates + A team may not participate in two different cross country or outdoor track meets on the same day. *Participation in a triangular meet shall count as two contests and participation in a quadrangular meet shall count as three contests toward the seasonal limitation. Participation in any part of a quarter/half shall count as a quarter/half toward the weekly and daily limitations in that sport. However, in the case of football, participation on a free kick or a play from a scrimmage kick formation shall not count as a quarter. Overtime periods shall be considered as part of the fourth quarter or second half. 4.3.2The preceding game limitations, with the exception of the individual daily limitation, shall not prohibit the rescheduling of postponed games at the discretion and convenience of the member schools involved provided the game was postponed due to inclement weather, unplayable field conditions, failure of the assigned officials to appear for the game, breakdown of the bus or van carrying the visiting team, or any other circumstances beyond the control of site management which preclude playing the game. However, a team may not participate in more than three (3) contests/ competition dates in a week. 4.3.3A student shall participate in a particular sport for only one season during each academic year. 4.3.4A school which participates in more than the allowable number of contests in a season shall be fined $200.00. 4.3.5A school which exceeds the weekly contest limitation shall forfeit the contest and pay a $100.00 fine. 4.3.6A student who exceeds the weekly or daily contest limitation shall be considered an ineligible athlete and the school subject to the penalties stipulated in 2.10. 5.0School/Team Competition, Sanctioning of Competitions and All Star Contests 5.1School/Team Competition 5.1.1Sponsoring Interscholastic Teams: Interscholastic competition is defined as any athletic contest between students representing two (2) or more schools. Member of school clubs who participate in non-competitive, recreational activities or compete unattached are not considered to be engaged in interscholastic competition. Students are considered to be representing a school if the school does any of the following: 5.1.1.1Partially or wholly subsidizes the activity (providing equipment, uniforms, transportation, entry fees, etc.). 5.1.1.2Controls and administers the funds, regardless of their source, needed to conduct the activity. 5.1.1.3Permits the students to compete under the name of the school. 5.1.1.4Publicizes or promotes the activity through announcements, bulletins, or school sponsored publications in excess of what is customarily done for “outside” organizations. 5.1.1.5Presents or displays individual/ team awards. 5.1.2Schools may sponsor teams for interscholastic competition in a sport provided the following criteria are met: 5.1.2.1The governing body of the participating district or non-public school approves participation in the sport. The administrative head of the school shall notify the Executive Director in writing of the school’s intent to sponsor a team in a new sport. 5.1.2.2The governing body of the participating district or non-public school controls the funds needed to support the proposed team, regardless of their source, in the same manner as existing teams (coaches' salaries, purchase and repair of equipment, medical supervision, transportation, preparation and maintenance of practice and game facilities, awards, etc.). Requests from outside sources to make financial contributions or to donate equipment or services must be submitted in writing and must include an acknowledgment that the equipment becomes the property of the school. The contribution or donation must be approved in writing by the administrative head of the school. 5.1.2.3The participating schools agree to comply with all applicable DIAA rules and regulations as stated in the current DIAA Official Handbook. 5.1.3Levels of Participation 5.1.3.1Level 1 or developmental sport - less than seven (7) participating schools. DIAA rules and regulations shall not be in effect. 5.1.3.2Level 2 or recognized sport - seven (7) or more participating schools. Participating schools must petition the DIAA Board of Directors for official recognition of the sport. 5.1.3.2.1At the time of official recognition, DIAA shall provide rules publications to the participating schools, designate an approved official’s association, conduct an annual or biannual rules clinic for coaches and officials, and establish a maximum game schedule. DIAA rules and regulations shall then be in effect. 5.1.3.2.2Withdrawal of level 2 status: If, for two (2) consecutive years, less than the required number of schools participate in a sport, DIAA may withdraw official recognition for a period of time as determined by the Board of Directors. 5.1.4Membership on Coed Teams 5.1.4.1If a school sponsors a boys' team and a girls' team in a particular sport, boys shall participate on the boys' team and girls shall participate on the girls' team even if the teams compete during different seasons. If a school sponsors only a boys' team in a particular sport, girls shall be permitted to participate on the boys' team but if a school sponsors only a girls' team in a particular sport, boys shall not be permitted to participate on the girls' team. 5.2Sanctioning of Competitions 5.2.1Member schools may participate in tournaments/meets involving four (4) or more schools only if the event has been sanctioned by DIAA and, if applicable, by the NFHS. Tournaments/meets shall be sanctioned in accordance with the following criteria: 5.2.1.1The event shall not be for determining a regional or national champion. 5.2.1.2The event shall be organized, promoted, and conducted by and all profits go to a nonprofit organization. Involvement by a commercial organization shall be limited to providing financial support. 5.2.1.3Non-symbolic competition awards shall have a value of not more than $50.00 per recipient and shall require the prior approval of the Executive Director. 5.2.1.4Non-school event organizers shall submit a full financial report to the DIAA office within ninety (90) calendar days of the completion of the event. 5.2.1.5The event organizer shall submit a list of out-of-state schools which have been invited to participate and such schools shall be subject to approval by the Executive Director. 5.2.1.6Out-of-state schools which are not members of their state athletic association shall verify in writing that their participating athletes are in compliance with their state athletic association’s eligibility rules and regulations. 5.2.1.7The event organizer shall not accept financial support or sell advertising to companies involved in the production or distribution of alcohol and tobacco products. 5.2.1.8The event organizer shall comply with all applicable NFHS sanctioning requirements. 5.2.2Participation in a non-sanctioned event shall result in payment of a $25.00 fine. A second offense shall result in a $50.00 fine and loss of eligibility to participate in sanctioned events for the remainder of the sport season. A third offense shall result in a $100.00 fine and loss of eligibility to participate in sanctioned events for the remainder of the school year. 5.3All-Star Contests: Junior high/middle school students shall not participate in an all-star event until they have completed their high school eligibility in that sport. 6.0Out of Season Athletic Camps and Clinic Sponsorship, Commercial Camps and Clinics and Open Gyms, Conditioning Programs and Non School Competition 6.1Out of season Athletic Camps and Clinic Sponsorship 6.1.1DIAA does not restrict a student’s decision to attend an out of season athletic camp/clinic. However, schools, school organizations, coaches, or school related groups, such as booster clubs, may not sponsor an athletic camp/clinic which limits membership to their own district, locale, or teams. Coaches employed by an out of season athletic camp/clinic may only instruct their own athletes in accordance with 7.5. 6.1.1.1School related groups, such as booster clubs, which desire to sponsor the attendance of their school's enrolled students at out of season athletic camp/clinic, may do so with the approval of the local school board or governing body. The disbursement of funds to pay for camp/clinic related expenses (fees, travel costs, etc.) shall be administered by the principal or his/her designee and the funds shall be allocated according to the following guidelines: 6.1.1.1.1All students and team members shall be notified of the available sponsorship by announcement, publication, etc. 6.1.1.1.2All applicants shall share equally in the funds provided. 6.1.1.1.3All applicants shall be academically eligible to participate in interscholastic athletics. 6.1.1.1.4All applicants shall have one year of prior participation in the sport for which the camp is intended or, absent any prior participation, he/she shall be judged by the coach to benefit substantially from participation in the camp/clinic. 6.2Commercial Camps and Clinics 6.2.1Commercial; camps and clinics are defined as a camp/clinic operated for profit which provides coaching or other sports training for a fee. 6.2.2A student may participate in a commercial camp or clinic, including private lessons, both during and out of the designated sport season provided the following conditions are observed: 6.2.2.1The student must participate unattached and may not wear school uniforms. 6.2.2.2The student may use only school equipment whose primary purpose is to protect the wearer from physical injury. 6.2.2.3The school may not provide transportation or pay fees. 6.2.2.4The school coach may not require his/her athletes to participate in a camp or clinic or provide instruction to his/her returning athletes in a camp or clinic except as in accordance with 7.5. 6.3Open Gym Programs 6.3.1A member school may open its gymnasium or other facility for informal, recreational activities in accordance with the following provisions: 6.3.1.1The open gym must be available to all interested students, must not be restricted to members of a particular team, and must be publicized as such. 6.3.1.2Student participation must be voluntary and the open gym must not be a prerequisite for trying out for a particular team. 6.3.1.3The activities must be unstructured and student-generated. Organized drills in the skills or techniques of a particular sport are prohibited. Organized competition with fixed team rosters is also prohibited. 6.3.1.4A coach may not predetermine that the open gym will include only his/her sport and publicize the open gym as being restricted to that sport. It is the responsibility of the adult supervisor to permit as many different activities as the facility can effectively and safely accommodate. 6.3.1.5A coach may open the facility and distribute playing equipment but may not instruct, officiate, participate, organize the activities, or choose teams in his/ her assigned sport. 6.3.1.6Playing equipment is restricted to that which is customarily used in a contest in a particular sport. Playing equipment which is only used in a practice session is prohibited. 6.3.1.7The participants must provide their own workout clothing. 6.4Conditioning Programs 6.4.1A member school may conduct a conditioning program in accordance with the following provisions: 6.4.1.1The conditioning program must be available to all interested students, must not be restricted to members of a particular team, and must be publicized as such. 6.4.1.2Student participation must be voluntary. The conditioning program must not be a prerequisite for trying out for a particular team. 6.4.1.3Permissible activities include stretching, lifting weights, jumping rope, running, calisthenics, aerobics, and similar generic conditioning activities. Organized drills in the skills or techniques of a particular sport are prohibited. 6.4.1.4A coach may not provide instruction in sport specific skills or techniques. 6.4.1.5Sport specific equipment is prohibited. 6.4.1.6The participants must provide their own workout clothing. 6.5Non School Competition in which Participates are Competing Unattached and are Not Representing Their Schools 6.5.1A student may participate on a non-school team or in a non-school individual event both during and out of the designated sport season. However, the student owes his/her primary loyalty and allegiance to the school team of which he/she is a member. A school shall have the authority to require attendance at practices and contests and students not in compliance shall be subject to disciplinary action as determined by the school. 6.5.2Participation on a non-school team or in a non-school individual event shall be subject to the following conditions: 6.5.2.1With the exception of organized intramurals, the student may not wear school uniforms. 6.5.2.2With the exception of organized intramurals, the student may use only school equipment whose primary purpose is to protect the wearer from physical injury. 6.5.2.3The school or a school affiliated support group may not provide transportation. 6.5.2.4The school or a school affiliated support group may not pay entry fees or provide any form of financial assistance. 6.5.2.5The school coach may not require his/her athletes to participate in non-school competition or provide instruction to his/her athletes in non-school competition except as in 7.5. 6.5.314 Del.C. §122 (15) requires written parental permission prior to participation on a similar team during the designated sport season. Written authorization must be on file in the student's school prior to engaging in a tryout, practice, or contest with a similar team. Consent forms shall be available in all member schools. Similar teams shall include organized intramural teams as well as non-school teams in that sport. 7.0Certified and Emergency and Volunteer Coaches, Student Teaching and Coaching Out of Season 7.1Certified Coaches 7.1.1Only those professional employees certified by the Department of Education and whose salary is paid by the State and/or local Board of Education, or in the case of charter and non-public schools by a similar governing body, if acceptable as a coach by the governing body, shall coach, assist in coaching, or direct member school teams in any district. The terms of employment must be for the regular school year and the professional assignment shall be no less than 1/2 of the school day, exclusive of coaching duties. 7.1.2All head coaches shall be required to attend the DIAA rules clinic for their sport or, if applicable, pass an open book rules examination supplied by the DIAA office. A school shall pay a $50.00 fine and the head coach shall be placed on probation if he/ she fails to attend the DIAA rules clinic or pass the open book rules examination in his/her sport. Failure to comply for a second consecutive year shall result in the school paying a $50.00 fine and the coach being suspended for up to five contests as determined by the Executive Director. 7.1.2.1Certified coaches at all levels of competition shall be required to hold a current certification in adult CPR. 7.2Emergency Coaches 7.2.1An emergency coach shall be defined as an individual who is either not certified by the Department of Education, or is certified by the Department of Education but is not employed for the school year or whose professional assignment is less than 1/2 of the school day. An individual who meets the requirements of a certified coach as specified in 21.1, but whose professional assignment is located in a different school or district than his/her coaching assignment shall not be considered an emergency coach by DIAA. 7.2.1.1Emergency coaches at all levels of competition shall be required to hold a current certification in adult CPR. 7.2.2Member schools shall be required to annually reopen all positions that are held by emergency coaches. 7.2.3Emergency coaches may be employed provided the local governing body adheres to the following procedures: 7.2.3.1The employing Board of Education must attempt to locate an acceptable, certified professional staff member by advertising the coaching vacancy in the district for as many days as are required by the district's collective bargaining agreement. 7.2.3.2If an acceptable, certified professional staff member is not available, an individual who is acceptable to the employing Board of Education may be hired as an emergency coach. 7.2.3.3Any individual employed as a coach under the emergency provision must comply with the following regulations: 7.2.3.3.1He/she must be officially appointed by the local Board of Education. The superintendent or his/her designee may temporarily appoint an individual if a coaching vacancy arises and the sport season begins during the interim between meetings of the local Board of Education. 7.2.3.3.2His/her coaching salary must be paid exclusively by the local Board of Education. 7.3Student Teaching and Coaching 7.3.1Students who are practice teaching in a member school shall be permitted to assist in all professional activities during their practice teaching period. 7.4Volunteer Coaches 7.4.1In addition to the members of the school's regular coaching staff, the local governing body may supplement a school's coaching staff with volunteer coaches. Volunteer coaches are individuals who donate their services to a school and who have been approved by that school's local governing body. A current list of approved volunteer coaches shall be on file in the school's administrative office before any coaching duties are assumed. 7.5Coaching Out of Season 7.5.1From August 2nd through June 14th, a certified, emergency, or volunteer coach shall not be allowed to provide instruction out of the designated season in his/her assigned sport to returning members of the teams of the school at which he/she coaches or transfer students from other schools who play the coach’s sport. 7.5.1.1A coach shall not be allowed to participate on a team in his/her assigned sport with the aforementioned players. 7.5.1.2A coach shall also be prohibited from officiating contests in his/her assigned sport if the aforementioned players are participating except in organized league competition. 7.5.1.3The league shall not be organized and conducted by the employing school, the employing school’s booster club, or the employing school’s coaching staff. 7.5.1.4The league shall have written rules and regulations that govern the conduct of contests and establish the duties of contest officials. 7.5.1.5The league shall have registration/entry procedures, forms, and fees; eligibility requirements; and fixed team rosters, team standings, and a master schedule of contests. 7.5.1.6A certified, emergency, or volunteer coach shall not be allowed to provide instruction during the designated season in his/her assigned sport to current members of the teams of the school at which he/she coaches outside of school sponsored practices, scrimmages, and contests. 7.5.1.7A coach who is in violation of this section shall be suspended from coaching in the specified sport at any DIAA member school for up to the total number of days in the school year from the date the charge is substantiated. 7.5.2From June 15th through August 1st, a certified, emergency or volunteer coach shall be allowed to provide instruction in his/her assigned sport to returning members of the varsity or sub-varsity teams of the school at which he/she coaches. Instructional contact with the aforementioned returning school team members shall be subject to the following conditions: 7.5.2.1A coach may provide instruction to an unlimited number of his/her returning school team members in formal league/tournament competition or in formal instructional camps/clinics provided the league/tournament or instructional camp/clinic is organized and conducted by a non-school affiliated organization. 7.5.2.2A coaching staff may provide instruction to a maximum of two returning school team members in an informal setting where the student has initiated the contact and it was not scheduled. A coaching staff may have multiple two-hour sessions on any given day. Returning school team members shall not receive more than two hours of sports instruction per day. 7.5.2.3A coach shall not receive any compensation, from any source, for the instruction of his/her returning school team members. Reimbursement for out-of-pocket expenses (e.g. gas, food, lodging) incurred by returning school team members and coaches to attend leagues/tournaments or instructional camps/clinics are not prohibited provided that no local school or state educational funds are used. 7.5.2.4Participation in the formal league/tournament or instructional camp/clinic, or informal instruction shall be open, voluntary and equally available to all returning school team members as well as to members of the student body. 7.5.2.5A coach in violation of this section shall be suspended from coaching in the specific sport at any DIAA member school for up to the total number of days in the school year from the date the charge is substantiated. 8.0Recognition of Officials’ Associations, Required Use of Officials and Attendance at Rules Clinics 8.1Recognition of Officials’ Associations 8.1.1The officiating of interscholastic contests in the state of Delaware which involve one (1) or more member schools shall be under the control of the DIAA and such control may include, but not be restricted to, giving examinations, evaluating officials, setting game fees, determining the number of officials per game, and assigning officials. 8.1.2An official’s association which desires to officiate middle school and/or high school contests shall request recognition and approval from DIAA by submitting the following documents to the DIAA Officials' Committee: 8.1.2.1A letter of request indicating the association's willingness to abide by DIAA rules and regulations. 8.1.2.2A brief history of the association. 8.1.2.3A copy of the association's constitution and bylaws including a statement that it does not discriminate on the basis of age, gender, race, religion, etc. 8.1.2.4A description of the association's evaluation and rating system. 8.1.2.5A description of the association's recruiting and training programs for new members. 8.1.2.6A membership roster indicating the number of years of experience at the sub-varsity, varsity, and state tournament levels for each member and also his/her most recent rating in a previous association. 8.1.2.7If applicable, letters of recommendation or names of references from leagues which the association has serviced during the past year. 8.1.3The Officials' Committee shall review the aforementioned documents and, if necessary, meet with the officers of the association to discuss their petition. 8.1.4The Officials' Committee shall reserve the right to consult with any other interested parties during the evaluation process. 8.1.5The Officials' Committee shall report its findings to the DIAA Board of Directors and recommend that the officials' association be granted recognition, granted recognition with conditions, or denied recognition. 8.1.6The president of the officials' association or his/her designee shall petition the DIAA Board of Directors and the Board shall render a decision. 8.1.7If more than one association is approved to officiate a particular sport, a conference or, in the absence of a conference affiliation, an individual school shall determine which association shall provide the officials for its home contests. 8.2Required Use of Officials 8.2.1Member schools and tournament sponsors shall be required to use officials approved by DIAA for interscholastic contests. Use of non-approved officials without permission from the Executive Director shall result in the school or tournament sponsor being assessed a $50.00 fine per game per non-approved official. 8.2.1.1In the case of emergencies such as an act of God, refusal by an association to work games, or a shortage of qualified officials, schools which desire to use other than approved officials must obtain permission from the Executive Director. 8.3Attendance at Rules Clinics 8.3.1Officials shall be required each year to both attend the DIAA rules interpretation clinic and to pass the rules examination provided by the DIAA office for the sport(s) they officiate. 8.3.2Failure on the part of an official to attend the DIAA rules interpretation clinic and pass the rules examination in the same season shall cause the official to be placed on probation and to lose his/her eligibility to officiate a state tournament contest during that season. 8.3.3Failure to satisfy both requirements in the same season for two (2) consecutive years shall cause the official to lose varsity officiating status during the second season. Failure to fulfill this obligation in subsequent years shall cause the official to continue to be restricted to sub-varsity contests until both requirements have been satisfied in the same season. 8.3.4Attending the fall soccer rules interpretation clinic shall satisfy the clinic attendance requirement for both the boys’ and girls’ soccer seasons. Attending the spring soccer rules interpretation clinic shall satisfy the clinic attendance requirement for only the girls’ soccer season. 8.3.5If, for a legitimate reason which is documented by the president of his/her association, an official is unable to attend the DIAA rules interpretation clinic, he/she may view a videotape of the DIAA clinic or, in the absence of a videotape, attend a clinic conducted by another NFHS member state association provided the following procedures are observed: 8.3.5.1No later than the day of the DIAA rules interpretation clinic, the president of the association notifies the Executive Director, in writing, of the official's inability to attend the clinic. 8.3.5.2The out-of-state clinic is conducted by an individual either trained by the NFHS or designated as a clinician by the state's athletic association. 8.3.5.3The official arranges for a letter to be sent to the Executive Director from the state's athletic association office verifying his/her attendance at the clinic. 9.0Awards 9.1Awards 9.1.1Member schools an support groups affiliated with a member schools, such as an alumni association or booster club, shall be allowed to present recognition awards for team and/or individual accomplishments. The awards, including artwork and lettering, shall require the approval of the administrative head of the school and their value shall be mostly symbolic, not more than $150.00. Member schools and/or support groups affiliated with member schools are also permitted to sponsor banquets. 9.1.2A non-profit group such as a coaches association, booster club not affiliated with a member school, or community service organization shall be allowed to present recognition awards for team and/or individual accomplishments with the approval of the administrative head of the school. Non-profit groups shall also be permitted to sponsor banquets. 9.1.3Commercial organizations shall be allowed to present recognition awards for team and/or individual accomplishments with the approval of the administrative head of the school. 9.1.4Permissible awards include trophies, plaques, medals, letters, certificates, photographs, and similar items. Jackets, sweaters, shirts, watches, rings, charms, and similar items if properly inscribed (reference to the team or individual athletic accomplishment) are also acceptable. The awards shall have symbolic value only, awards with utilitarian value are prohibited. The aggregate retail value of the award shall not exceed $150.00 per team or per recipient and shall require prior approval of the Executive Director. 10.0Use of Influence for Athletic Purposes 10.1Definition: The use of influence for athletic purposes shall include, but not be limited to, the following: 10.1.1Offer of money, room, board, clothing, transportation, or other valuable consideration to a prospective athlete or his/her parent(s) or court appointed legal guardian(s). 10.1.2Offer of waiver/reduction of tuition or financial aid if based, even partially, on athletic considerations. 10.1.3Preference in job assignments or offer of compensation for work performed in excess of what is customarily paid for such services. 10.1.4Offer of special privileges not accorded to other students. 10.1.5Offer of financial assistance including free or reduced rent, payment of moving expenses, etc., to induce a prospective athlete or his/her parent(s), legal guardian(s) or Relative Caregiver to change residence. 10.2Illegal Contact with Students, Legal guardians, or a Relative Caregiver 10.2.1A school employee or Board approved volunteer may not initiate contact or request that a booster club member, alumnus, or player initiate contact with a student enrolled in another school or his/her parent(s), legal guardian(s) or a [relative [Relative Caregiver] in order to persuade the student to enroll in a particular school for athletic purposes. Illegal contact shall include, but not be limited to, letters, questionnaires or brochures, telephone calls, and home visits or personal contact at athletic contests. 10.2.2If a coach or athletic director is contacted by a prospective athlete or his/her parent(s), legal guardian(s)or a Relative Caregiver , the former must refer the individual(s) to the principal or school personnel responsible for admissions. 10.3Permitted Activities 10.3.1A school employee or Board approved volunteer may do the following: 10.3.1.1Discuss the athletic program with a prospective student or his/her parent(s), legal guardian(s)or Relative Caregiver during an open house or approved visit initiated by the parent(s), legal guardian(s) or Relative Caregiver. 10.3.1.2Provide information concerning sports offered, facilities, conference affiliation, and general athletic policies. However, he/she is not permitted to state or imply in any way that his/her athletic program is superior to that of another school or that it would be more beneficial or advantageous for the prospective student to participate in athletics at his/her school. 10.3.1.3Conduct an informational presentation at a feeder school. 10.4School Choice 10.4.1If the number of applicants under the Delaware School Choice Program exceeds the number of available student openings, the selection criteria established by the district shall not include athletic considerations. 10.5Penalties 10.5.1The use of influence or illegal contact but not limited to violations of 10.1 and 10.2 by a person(s) employed by or representing a member school including members of alumni associations, booster groups, and similar organizations to persuade, induce, or facilitate the enrollment of a student in that school for athletic purposes may render the student ineligible for up to 1 full school year from the date the charge is substantiated. In addition, the offending school may be placed on probation, as determined by the DIAA Board of Directors, and the offending employee, if a coach, may be suspended for up to one (1) full school year from the date the charge is substantiated. 1009DIAA Senior High School Interscholastic Athletics 1.0National Federation of State High Schools, Conferences, Contracts and Equivalency Rules 1.1National Federation of High School Associations 1.1.1DIAA is affiliated with the National Federation of State High School Associations (NFHS). The playing codes, sanctions, and other rules of the NFHS are adopted except as modified by the DIAA Board of Directors. 1.1.1.1The playing rules of the United States Tennis Association, the United States Golf Association, and the United States Lacrosse Association are adopted for the sports of tennis, golf, and girls' lacrosse respectively except as modified by the DIAA Board of Directors. 1.2Conferences 1.2.1Member schools may establish voluntary conference organizations that may be composed of public and non-public schools. When established, they must submit their conferences’ proposed membership and its constitution and bylaws to the DIAA Board of Directors and be approved by the DIAA Board of Directors before the schools may enter into any contractual agreements. 1.2.1.1All subsequent amendments to the constitution and bylaws of the conferences must be compatible with all provisions of the DIAA Regulations; interpretations and with the rulings of the Executive Director, Sportsmanship Committee, and Board of Directors; state tournament regulations; and DIAA approved playing codes. 1.3Contracts 1.3.1Contracts between DIAA member schools or between DIAA member schools and full member schools of comparable state associations are encouraged but not required. 1.3.1.1Conference master contracts are approved substitutes for individual contracts. 1.3.1.2In the case of a dispute and provided either a signed individual contract or conference master contract was received in the DIAA office or postmarked prior to the contest in question, appeal may be made to the Executive Director or the DIAA Board of Directors which, after review of the circumstances, may assign an appropriate penalty. 1.3.1.2.1Without a signed individual contract or conference master contract, a member school has no right of appeal to the Executive Director or the DIAA Board of Directors. 1.3.2Contracts between DIAA member schools and non-member or associate member schools of comparable state associations are required. 1.3.2.1A copy of the signed contract must be either received by the Executive Director or postmarked prior to the contest for which the agreement was drawn up. Failure to file a signed contract as prescribed shall result in the DIAA member school being assessed a $15.00 fine. 1.3.2.2In the case of a dispute, a member school has no right of appeal to the Executive Director or the DIAA Board of Directors unless a signed individual contract is in place. 1.3.3Contracts shall be interchanged according to the following provisions: 1.3.3.1Contracts on the accepted form shall be arranged by the competing schools for each season's interscholastic athletic contests. 1.3.3.2Contracts shall be drawn up by the faculty manager or other designated staff member of the home school of the earlier varsity contest. 1.3.3.3A signed contract or any part thereof may not be nullified or modified except by mutual agreement of both schools involved. 1.3.4If a game is not played, it shall be considered “no contest” unless a signed individual contract or conference master contract was received in the DIAA office or postmarked prior to the contest in question, and one of the participating schools breached the agreement in which case appeal may be made to the Executive Director or the DIAA Board of Directors. 1.3.4.1If a game is not played because an out of state opponent qualifies for its state championship series and the date of the playoff game conflicts with the date of the regular season game, a forfeit shall not be awarded. 1.4Equivalency Rules 1.4.1A full member school shall not participate in a scrimmage or contest with an in-state school that is not a member in good standing of DIAA. 1.4.1.1Scrimmage shall be defined in as: an informal competition between schools in which the officials are not compensated, a score is not kept, the time periods are modified, the results of the competition are not reported to the media, the coaches may interrupt the play to provide instruction and the competition is strictly for practice purposes. 1.4.2A full member school shall not participate in a scrimmage or contest with an associate or non-member school of another state association unless the opposing school, as part of a written contract, certifies that its contestants are eligible under the rules of its home state association. 1.4.3An associate member school shall not participate in a scrimmage or contest with an associate or non-member school of another state association unless the opposing school complies with the conditions specified in 1.4.2. However, the opposing school shall be exempt from those rules which DIAA has waived for its associate member school. 1.4.4Member schools shall not participate in a practice, scrimmage, or contest with a non-school sponsored team. 1.4.5Member schools shall not participate in a practice, scrimmage, or contest with post graduate students or college students. This provision shall not apply to games played against the alumni or faculty of the school when the game is sponsored by school authorities. 1.4.6A school which participates in a game against an illegal opponent shall be required to forfeit the contest and be assessed a $100.00 fine. 2.0Eligibility: No student shall represent a school in an interscholastic scrimmage or contest if he/she does not meet the following requirements: 2.1Eligibility, Age 2.1.1Students who become 19 years of age on or after June 15 shall be eligible for all sports during the school year provided all other eligibility requirements are met. In determining the age of a contestant, the birth date as entered on the birth record of the Bureau of Vital Statistics shall be required and shall be so certified on all eligibility lists. 2.1.1.1Requests for a waiver of the age requirement shall only be considered for participation on an unofficial, non-scoring basis in non-contact or non-collision sports 2.2Eligibility, Residence 2.2.1With the exception of boarding school students, a student must be living with his/her custodial parent(s), legal guardian(s), or Relative Caregiver in the attendance zone of the school which he/she attends, or be a student 18 years of age or older and living in the attendance zone of the school which he/she attends (see 2.2.1.7), in order to be eligible for interscholastic athletics in that school. In cases of joint custody, the custodial parent shall be the parent with actual physical placement as determined by court. In the case of shared custody the parents must commit to sending the student to a particular school for the year. Maintaining multiple residences in order to circumvent this requirement shall render the student ineligible. 2.2.1.1A student who, pursuant to established school board policy or administrative procedure, remains in a school he/she has been attending after his/her legal residence changes to the attendance zone of a different school in the same school district, may exercise, prior to the first official student day of the subsequent academic year, a one time election to remain at his/her current school and thereby not lose athletic eligibility. If a student chooses to remain at his/her current school and then transfers to the school in his/her new attendance zone on or after the first official student day of the subsequent academic year, he/ she shall be ineligible, for ninety (90) school days. 2.2.1.2A student who changes residence to a different attendance zone after the start of the last marking period and, pursuant to established school board policy or administrative procedure, shall be granted permission to continue attending his/her present school, the student shall retain his/her athletic eligibility in that school for the remainder of the school year provided all other eligibility requirements are met. 2.2.1.3A student shall be permitted to complete his/her senior year at the school he/she is attending and remain eligible even though a change of legal residence to the attendance zone of another school has occurred. This provision shall refer to any change of legal residence that occurs after the completion of the student's junior year. 2.2.1.4A student may be residing outside of the attendance zone of the school which he/she attends if the student is participating in the Delaware School Choice Program as authorized by 14 Del.C., Ch.4. 2.2.1.5A student who is a non-resident of Delaware shall be eligible to attend a public school, charter school or career-technical school if, in accordance with 14 Del.C. '607, his/her custodial parent or court appointed legal guardian or Relative Caregiver is a full-time employee of that district. 2.2.1.6Notwithstanding 2.2.1, a student shall be eligible at a public or vocational-technical school if he/ she is enrolled in accordance with 14 Del.C. §202(f), the Caregivers School Authorization. 2.2.1.6.1An exception would be a student whose [relative caregiver Relative Caregiver] does not provide the documentation required by the [Caregivers’ Relative Caregiver] School Authorization (proof of relation and proof of full-time care) but is permitted to register on the basis of a petition for the transfer of guardianship. A student who registers on the basis of a petition for the transfer of guardianship is not eligible to scrimmage or compete until the [relative caregiver Relative Caregiver] has provided the aforementioned required documentation or has received a signed court order designating him/her as the student’s legal guardian. 2.2.1.7A student who reaches the age of majority (18) and leaves his/her parents' place of residency and jurisdiction thereof, and moves to another attendance zone to continue his/her high school education shall be ineligible to participate in athletics for 90 school days commencing with the first day of official attendance. This provision shall not apply to a student participating in the Delaware School Choice Program, as authorized by 14 Del.C. Ch. 4, provided the student’s choice application was properly submitted prior to his/her change of residence. 2.2.1.8Notwithstanding 2.2.1, a student who is homeless as defined in the McKinney-Vento Act, 42 U.S.C. 11434a(2) shall be eligible to participate at the public school in which he/she is enrolled. 2.3Eligibility, Enrollment and Attendance 2.3.1A student must be legally enrolled in the high school which he/she represents in order to participate in a practice, scrimmage or contest. 2.3.2A shared-time student who attends two (2) different schools during the regular school day shall be eligible to participate only at his/her home school. A student's home school shall be the school at which he/she is receiving instruction in the core academic areas and at which he/she is satisfying the majority of his/her graduation requirements; not a school at which he/she is receiving only specialized educational instruction such as vocational training. 2.3.3Students with disabilities who are placed in special schools or programs 2.3.3.1Definitions: “Campus” means a contiguous land area containing one or more school buildings. “Special School or Program” means a school or program approved by the Department of Education with the approval of the State Board of Education to serve students with disabilities, but does not include alternative schools. “Student With a Disability” means a “child with a disability” as that term is defined in the Administrative Manual for Special Education Services (AMSES), 14 DE Admin. Code 925. 2.3.3.2A student with a disability who is placed in a special school or program shall be eligible to participate in interscholastic athletics as follows: 2.3.3.2.1If the special school or program sponsors the interscholastic sport in question, the student shall be eligible to participate only at the school or program. 2.3.3.2.2If the special school or program does not sponsor the interscholastic sport in question and the student is served in a regular high school for all or part of the school day, the student shall be eligible only at that regular high school. 2.3.3.2.3If the special school or program does not sponsor the interscholastic sport in question, and the student is served exclusively in the special school or program, and the special school or program is located on the campus of a regular high school, the student shall be eligible only at the regular high school on the same campus. 2.3.3.2.4If the special school or program does not sponsor the interscholastic sport in question, and the student is served exclusively in the special school or program, and the special school or program is not located on the campus of a regular high school, the student shall be eligible only at the regular high school designated to serve the special school’s or program’s students. 2.3.3.2.4.1School districts or charter schools which administer special schools or programs and have multiple high schools shall decide which of its regular high schools shall be designated to serve special school or program students in these circumstances. 2.3.4A student who is participating in the Delaware School Choice Program, as authorized by 14 Del.C. Ch.4, is obligated to attend the choice school for a minimum of two (2) years unless the students custodial parent(s), legal guardian(s) or Relative Caregiver relocate to a different school district or the student fails to meet the academic requirements of the choice school. If a student attends a choice school for less than two (2) years and subsequently returns to his/her home school, the student must receive a release from the “choice district” in order to legally enroll at his/her home school. Without a release, the student would not be eligible legally enrolled and consequently would be ineligible to participate in interscholastic athletics. 2.3.5A student may not participate in a practice, scrimmage, or contest during the time a suspension, either in-school or out-of-school, is in effect or during the time he/she is assigned to an alternative school for disciplinary reasons. 2.3.6A student who is not legally in attendance at school due to illness or injury shall not be permitted to participate in a practice, scrimmage, or contest on that day. 2.3.7A student who fails to complete a semester or is absent for one or more semesters for reasons other than personal illness or injury shall be ineligible for ninety (90) school days from the date of his/her reentry to school. 2.3.8An ineligible student who practices in violation of 2.2.2 through 2.2.5 shall, when he/she regains his/her eligibility, be prohibited from practicing, scrimmaging, or competing for an equivalent number of days. 2.4Eligibility, Transfers 2.4.1A student who has not previously participated in interscholastic athletics (previous participation is defined as having practiced, scrimmaged, or competed in grades 9 through 12) is released by a proper school authority from a sending school, has completed the registration process at the receiving school, and is pursuing an approved course of study shall be eligible immediately upon registration provided he/she meets all other DIAA eligibility requirements. 2.4.2If a student has previously participated in interscholastic athletics, he/she shall be ineligible for a period of ninety (90) school days commencing with the first day of official attendance in the receiving school unless one of the following exceptions applies: 2.4.2.1The transfer is within a school district and is approved by the district's superintendent pursuant to established school board policy or administrative procedure. This provision shall not apply to a student who transfers to his/her home school from a “choice school” within the district and who has not completed the two-year attendance requirement unless he/she satisfies the conditions stipulated in 2.4.2.5.1 through 2.4.2.5.4. This provision shall also not apply to a student who transfers from a “choice school” to another “choice school” within the district. 2.4.2.2The transfer is caused by court action, court action being an order from a court of law affecting legally committed students. In the case of a transfer of guardianship/custody, the transfer shall be the result of a court order signed by a judge, commissioner, or master of a court of competent jurisdiction. A petition for the transfer of guardianship/custody, an affidavit, (except as permitted by 2.4.2.3), or a notarized statement signed by the affected parties shall not be sufficient to render the student eligible to participate in interscholastic athletics. 2.4.2.3The transfer is in accordance with the student being placed with a Relative Caregiver as per 14 Del.C. §202(f), the Caregivers School Authorization. 2.4.2.3.1An exception would be a student whose relative caregiver does not provide the documentation required by the [Caregivers’ Relative Caregiver] School Authorization (proof of relation and proof of full-time care) but is permitted to register on the basis of a petition for the transfer of guardianship. A student who registers on the basis of a petition for the transfer of guardianship is not eligible to scrimmage or compete until the relative caregiver has provided the aforementioned required documentation or has received a signed court order designating him/her as the student’s legal guardian. 2.4.2.4The transfer is the result of a change in residence by the custodial parent(s) legal guardian(s)or Relative Caregiver from the attendance zone of the sending school to the attendance zone of the receiving school. A change in residence has occurred when all occupancy of the previous residence has ended. A student who transfers shall be eligible in the receiving school immediately, when the custodial parent(s) legal guardian(s) or Relative Caregiver has established a new legal residence in another public school attendance zone. 2.4.2.5The transfer occurs after the close of the sending school's academic year and prior to the first official student day of the receiving school's academic year provided that the following has occurred: 2.4.2.5.1The student has completed the registration process at the receiving school prior to the first official student day of the academic year. The first official student day shall be defined as the first day on which students in any grade in that school are required to be in attendance. 2.4.2.5.2The student has not attended class, excluding summer school, or participated in a scrimmage or contest at the sending school since the close of the previous academic year. 2.4.2.5.3The student's legal residence is located in the attendance zone of the receiving school. 2.4.2.5.4All other DIAA eligibility requirements have been met. 2.4.2.6The transfer is the result of the student being homeless as defined in the McKinney - Vento Act, 42 U.S.C. 11434a(2). 2.4.2.6.1Notwithstanding the above, the student shall be ineligible under the ninety (90) school day ineligibility clause where the student’s homeless status is created by the student or his/her family for the primary reason of: 2.4.2.6.1.1Seeking a superior team; or 2.4.2.6.1.2Seeking a team more compatible with the student’s abilities; or 2.4.2.6.1.3Dissatisfaction with the philosophy, policies, methods or actions of a coach or administrator pertaining to interscholastic athletics; or 2.4.2.6.1.4Avoiding disciplinary action imposed by the school of origin related to or affecting interscholastic athletic participation. 2.4.3Transfer Because of Promotion or Administrative Assignment: Transfer because of promotion or administrative assignment to the ninth grade from a school whose terminal point is the eighth grade, or to the tenth grade from a junior high school whose terminal point is the ninth grade, shall not constitute a transfer. Students so promoted or administratively assigned shall be eligible. 2.4.4Transfer Because of a Change in the Program of Study or Financial Hardship: If a waiver of the ninety (90) school day ineligibility clause is requested due to a desired change in the program of study or financial hardship, the parent(s), legal guardian(s) or Relative Caregiver is responsible for providing documentation to the DIAA Board of Directors to support the request. 2.4.4.1Documentation for change in the program of study (a multi-year, hierarchical sequence of courses with a common theme or subject matter leading to a specific outcome) shall include: 2.4.4.1.1The student’s schedule; 2.4.4.1.2The student’s transcript; 2.4.4.1.3Current course descriptions from both the sending and receiving schools; 2.4.4.1.4A statement from the principal of the sending school indicating that a significant part of the student's desired program of study will not be offered and that it will place the student at a definite disadvantage to delay transfer until the end of the current school year; and 2.4.4.1.5A statement from the principals of both the sending and receiving schools that the student is not transferring for athletic advantage (see 2.4.6). 2.4.4.2Documentation for Financial Hardship: Documentation for financial hardship shall include: 2.4.4.2.1Proof of extreme financial hardship caused by significant and unexpected reduction in income and/or increase in expenses; and 2.4.4.2.2A statement from the principals of both the sending and receiving schools that the student is not transferring for athletic advantage (see 2.4.6). 2.4.5Transfer Because of Custody Change: In cases of joint or shared custody when a primary residence is established, a change in a student's primary residence without court action subjects the student to the ninety (90) school day ineligibility clause. 2.4.6A change of custody or guardianship for athletic advantage shall render a student ineligible under the ninety (90) school day ineligibility clause if the reason for his/her transfer is one of the following: to seek a superior team, to seek a team more compatible with his/her abilities, dissatisfaction with the philosophy, policies, methods, or actions of a coach or administrator pertaining to interscholastic athletics or to avoid disciplinary action imposed by the sending school related to or affecting interscholastic athletic participation. 2.4.7A student who transfers from a public, private, vocational-technical, or charter school to a school of choice, as authorized by 14 Del.C. Ch.4, shall be eligible immediately provided the transfer occurs after the close of the sending school's academic year and prior to the first official student day of the receiving school's academic year. 2.4.7.1A student who transfers from a school of choice to another school of choice shall be ineligible to participate in interscholastic athletics during his/ her first year of attendance at the receiving school unless the receiving school sponsors a sport(s) not sponsored by the sending school in which case the student shall be eligible to participate in that sport(s) only. 2.4.8A student who transfers from a school of choice to either a private school, career-technical school or, after completing his/her two-year commitment, to a public charter school shall be eligible immediately provided the transfer occurs after the close of the sending school’s academic year and prior to the first official student day of the receiving school’s academic year. 2.4.9If a student transfers with fewer than ninety (90) school days left in the academic year, he/she shall be ineligible for the remainder of the school year but shall be eligible beginning with the subsequent fall sports season provided he/she is in compliance with all other eligibility requirements. 2.5Eligibility, Amateur Status 2.5.1A student may not participate in an interscholastic sport unless he/she is considered an amateur in that sport. A student forfeits his/her amateur status if he/ she does any of the following: 2.5.1.1Knowingly plays on or against a professional team which is defined as a team having one or more members who have received or are receiving directly or indirectly monetary consideration for their athletic services. 2.5.1.2Signs a professional contract, accepts reimbursement for expenses to attend a professional tryout, or receives financial assistance in any form from a professional sports organization. 2.5.1.3Enters a competition under an assumed name. The surname and given name used by any player in his/her first game of interscholastic competition shall be used during the remainder of the student's interscholastic career. Any change in spelling or use of another name shall be regarded as an attempt to evade this rule unless the change has been properly certified by the player to the principal of the school. 2.5.1.4Receives remuneration of any kind or accepts reimbursement for expenses in excess of the actual and necessary costs of transportation, meals, and lodging for participating in a team or individual competition or an instructional camp or clinic. Reimbursement for the aforementioned expenses is permitted only if all of the participants receive the same benefit. 2.5.1.5Receives cash or a cash equivalent (savings bond, certificate of deposit, etc.), merchandise (except as permitted by 9.1.4) or a merchandise discount, (except for discount arranged by school for part of team uniform) a reduction or waiver of fees, a gift certificate, or other valuable consideration as a result of his/her participation in an organized competition or instructional camp/clinic. Accepting an event program and/or a complimentary item(s) (t-shirt, hat, equipment bag, etc.) that is inscribed with a reference to the event, has an aggregate retail value of no more than $150.00, and is provided to all of the participants, shall not jeopardize his/ her amateur status. 2.5.1.6Sells or pawns awards received. 2.5.1.7Uses his/her athletic status to promote or endorse a commercial product or service in a newsprint, radio, or television advertisement or personal appearance. 2.5.2Accepting compensation for teaching lessons, coaching, or officiating shall not jeopardize his/her amateur status. 2.5.3A student who forfeits his/her amateur status under the provisions of this rule is ineligible to participate at the interscholastic level in the sport in which the violation occurred. He/she may be reinstated after a period of up to the number of days in the school year provided that during the suspension, he/she complies with all of the provisions of this rule. The suspension shall date from the time of the last offense. 2.6Eligibility, Passing Work 2.6.1In order to be eligible for participation in interscholastic athletics, including practices, a student must pursue a regular course of study or its equivalent as approved by the local governing body, and must be passing at least five (5) credits. Two (2) of those credits must be in the areas of English, Mathematics, Science, or Social Studies. 2.6.1.1A student who is receiving special education services and is precluded from meeting the aforementioned academic requirements due to modifications in the grading procedure or course of study, shall be adjudged eligible by the principal if he/she is making satisfactory progress in accordance with the requirements of his/her individualized education plan (IEP). 2.6.2In the case of a student in the twelfth grade, he/she must be passing all courses necessary for graduation from high school in order to be eligible for participation. A course necessary for graduation shall be any course, whether taken during or outside the regular school day, that satisfies an unmet graduation requirement. 2.6.3A student whose work in any regular marking period does not meet the above standards shall be ineligible to participate in interscholastic athletics, including practices, for the next marking period. 2.6.3.1In the case of a conflict between the marking period grade and the final grade, the final grade shall determine eligibility. 2.6.3.2The final accumulation of credits shall determine eligibility for the first marking period of the following school year. When a student makes up a failure or earns the required credit(s) during the summer, he/she shall become eligible provided he/she successfully completes the course work prior to the first official student day of the school year. 2.6.3.3Written verification of the successful completion of a correspondence course must be received before a student shall regain his/her eligibility. 2.6.4A student forfeits or regains his/her eligibility, in accordance with the provisions of this rule, on the day report cards are issued. 2.6.5Local school boards and non-public schools may establish more stringent requirements for academic eligibility than the minimum standards herein prescribed. 2.6.6An ineligible student who practices in violation of 2.6.1, 2.6.2, 2.6.3 or 2.6.4 shall, when he/she regains his/her eligibility, be prohibited from practicing, scrimmaging, or competing for an equivalent number of days. 2.7Eligibility, Years of Participation 2.7.1No student shall represent a school in athletics after four (4) consecutive years from the date of his/her first entrance into the ninth grade unless a waiver is granted for hardship reasons. 2.7.1.1No student shall have more than four (4) opportunities to participate in a fall sport or combination of fall sports, in a winter sport or combination of winter sports, or in a spring sport or combination of spring sports. 2.7.1.2“Hardship” shall be defined as extenuating circumstances peculiar to the student athlete caused by [unforseen unforeseen] events beyond the election, control or creation of the student athlete, his/her family, or school which (1) deprive him/her of all or part of one of his/her opportunities to participate in a particular sports season; (2) preclude him/her from completing the academic requirements for graduation within the normal period of eligibility; and (3) deprive him/her of all or part of one of his/her opportunities to participate in a particular sport. The waiver provision is intended to restore eligibility that has been lost as a result of a hardship situation. Injury, illness or accidents, which cause a student to fail to meet the basic requirements, are possible causes for a hardship consideration. 2.7.1.2.1A waiver shall not be granted under this section where DIAA finds that the student was academically eligible pursuant to DIAA’s minimum passing work standards but was ineligible to participate under more stringent locally adopted academic standards and where the local school board has adopted its own waiver or exemption policy. 2.7.1.2.2A clear and direct causal relationship must exist between the alleged hardship condition and the failure of the student to complete the academic requirements for graduation within the normal period of eligibility and the loss of all or part of one of his/ her opportunities to participate in a particular sports season. 2.7.1.2.3The burden of proof rests with the student in conjunction with the waiver process as described in 14 DE Admin. Code 1006.9. Claims of extended illness, debilitating injury, emotional stress, etc., must be accompanied by appropriate documentation. Evidence must be submitted to verify that the student or his/her parent(s) or court appointed legal guardian(s) sought assistance to ameliorate the effects of the hardship condition. 2.7.2Satisfactory completion of studies in accordance with promotion policies established by the local governing body shall determine when a student is beyond the eighth grade. If the eighth grade is part of the same administrative unit as grades 9 through 12, participation on the part of an eighth-grade student toward five (5) years of eligibility shall be at the discretion of the individual school. 2.7.2.1Eighth grade students who are enrolled or transfer to schools that meet the above criteria begin their five years of eligibility for senior high school athletic participation the first year they enter eighth grade. 2.7.3Seventh-grade students shall not be permitted to participate on senior high school interscholastic teams. 2.7.4Participation of Postgraduates 2.7.4.1Participation shall be defined as taking part in a school sponsored practice, scrimmage or contest on or after the first allowable date for practice in that sport. 2.7.4.2Postgraduates shall not be eligible to participate in interscholastic athletics. All graduates of recognized senior high schools shall be considered postgraduates. 2.7.4.3A regularly enrolled student taking courses in an institution of higher education shall be eligible provided he/she meets all other DIAA requirements. 2.7.4.4Students whose commencement exercises are prior to the completion of the school's regular season schedule and/or the state tournament shall be eligible to compete. 2.8Eligibility of Foreign Exchange Students and International Students 2.8.1Notwithstanding 2.2, 2.3, and 2.4, foreign exchange students and international students may be eligible to participate in interscholastic athletics upon arrival at their host school provided they have not attained the age of 19 prior to June 15 and are enrolled as participants in a recognized foreign exchange program. 2.8.1.1All foreign exchange programs which are included on the Advisory List of International Educational Travel and Exchange Programs of the Council on Standards for International Educational Travel (CSIET) and are two (2) semesters in length shall be considered as recognized. 2.8.1.2Students participating in programs not included on the CSIET list shall be required to present evidence that the program is a bona fide educational exchange program before it shall be considered as recognized. 2.8.2International students who are not participating in a foreign exchange program are considered to be transfer students and are ineligible to compete in interscholastic athletics unless they are in compliance with all DIAA eligibility requirements including 2.2. 2.8.3Once enrolled, foreign exchange and other international students must comply with all DIAA eligibility rules. 2.8.3.1Athletic recruitment of foreign exchange students or other international students by a member school or any other entity is prohibited, and any such students recruited shall be ineligible. 2.9Student Eligibility Report Forms 2.9.1Member schools shall use eligibility forms approved by the Executive Director. A copy of the original eligibility report and subsequent addenda must be either received by the Executive Director or postmarked prior to the first contest for which the students listed are eligible. Failure to file an eligibility report as prescribed shall result in a $15.00 fine against the school. 2.9.1.1In the case of a student who met all DIAA eligibility requirements but was omitted from the eligibility report due to administrative or clerical error, he/ she shall be adjudged eligible and the school assessed a $10.00 fine. 2.10Use of an Ineligible Athlete: 2.10.1If a school uses an ineligible athlete, the administrative head or his/her designee shall notify the opposing school(s) or event sponsor, in the case of a tournament or meet, and the Executive Director in writing of the violation and the forfeiture of the appropriate game(s), match(es), and/or point(s) won. 2.10.2The deliberate or inadvertent use of an ineligible athlete in the sports of soccer, football, volleyball, field hockey, basketball, baseball, softball, and lacrosse shall require the offending school to forfeit the contest(s) in which the ineligible athlete participated. 2.10.2.1If the infraction occurs during a tournament, including a state championship, the offending school shall be replaced by its most recently defeated opponent. Teams eliminated prior to the most recently defeated opponent shall not be allowed to reenter the tournament, team and/or individual awards shall be returned to the event sponsor and team and/or individual records and performances shall be nullified. 2.10.2.2The offending school may appeal to the DIAA Board of Directors for a waiver of the forfeiture penalty. If the forfeiture penalty is waived, the offending school shall be reprimanded and fined $200.00 unless the athlete or his/her parent(s) or court appointed legal guardian(s) knowingly withheld information or provided false information that caused him/her to be eligible for interscholastic competition. The burden of proof, in both instances, rests entirely with the offending school. A forfeit shall constitute a loss for the offending school and a win for its opponent for purposes of standings and playoff eligibility and shall be automatic and not subject to refusal by the offending school's opponent. 2.10.3The deliberate or inadvertent use of an ineligible athlete in the sports of cross country, wrestling, swimming, track, golf, and tennis shall require the offending school to forfeit the matches won and/or points earned by the ineligible athlete or by a relay team of which he/she was a member. The points contributed by an ineligible athlete to his/her team score shall be deleted and the contest score as well as the affected placements will be adjusted according to the rules of the sport. 2.10.3.1If the infraction occurs during a tournament, including a state championship, the ineligible athlete shall be replaced by his/her most recently defeated opponent or the next highest finisher. Contestants eliminated prior to the most recently defeated opponent shall not be allowed to reenter the tournament. 2.10.3.1.1Individual awards earned by the ineligible athlete and team awards, if necessary because of adjustments in the standings, shall be returned to the event sponsor. Individual records and performances by the ineligible athlete shall be nullified. 2.10.4If an ineligible athlete participates in interscholastic competition contrary to DIAA rules but in accordance with a temporary restraining order or injunction against his/her school and/or DIAA, and the injunction is subsequently vacated, stayed, or reversed, or the courts determine that injunctive relief is not or was not justified, or the injunction expires without further judicial determination, the penalties stipulated in 2.10.1 and 2.10.2 shall be imposed. 2.10.5The intentional use of an ineligible athlete by a member school or repeated indifference to its responsibility to determine the eligibility of its athletes will subject the school to additional penalties which may include suspension for the amount of days up to length of the school year from the date the charge is substantiated. 2.10.6If a coach knowingly withholds information or provides false information that causes an athlete to be eligible for interscholastic competition, the coach shall be suspended from coaching in any sport at any DIAA member school for the amount of days up to length of the school year from the date the charge is substantiated. 2.10.7If an athlete or his/her parent(s), legal guardian(s) or Relative Caregiver knowingly withholds information or provides false information that causes him/ her to be eligible for interscholastic competition, the athlete shall be suspended from participation in any sport at any DIAA member school for up to the amount of days up to the length of the school year from the date the charge is substantiated. 2.11Determination of Student Eligibility and the Appeal Procedures 2.11.1In cases of uncertainty or disagreement, the eligibility of a student shall be determined initially by the Executive Director. If the Executive Director determines that the student is ineligible, the school and the student shall be notified and the student suspended immediately from participation in interscholastic athletics. 2.11.2The school and the student shall be informed that the decision of the Executive Director may be appealed to the DIAA Board of Directors. 2.11.3Decisions of the DIAA Board of Directors to affirm, modify, or reverse the eligibility rulings of the Executive Director may be appealed to the State Board of Education in accordance with 14 DE Admin. Code 1006.11. 3.0Physical Examinations, Weight Control Program for Wrestling and Required Medical Personnel in Attendance at All Football Games. 3.1Physical examinations 3.1.1A student shall not be eligible to practice, scrimmage, or compete in an interscholastic contest unless he/she has been adequately examined by a licensed physician (M.D. or D.O.), a certified nurse practitioner, or a certified physician's assistant on or after May 1 and before beginning such athletic activity for the current school year. 3.1.2A certificate to that effect, as well as the parent's, legal guardian's, or Relative Caregiver’s consent, shall be on file with the administrative head of the school prior to the student participating in a practice, scrimmage, or game. 3.1.3For any subsequent sports season in the school year, a limited reexamination shall be performed if any of the following circumstances exist: the athlete has been treated for an injury during the preceding sports season, the athlete has been out of school during the preceding sports season with an illness other than the usual minor upper respiratory or gastrointestinal upset, an operation has been performed on the athlete during the preceding sports season, or the athlete has a remedial defect. 3.1.4The medical history of the student should be available at the time of each examination. 3.1.5A player who is properly certified to participate in interscholastic athletics but is physically unable to participate for five (5) consecutive days on which a practice, scrimmage, or contest is held due to illness or injury, must present to the administrative head of the school or designee, a statement from a qualified physician that he/she is again physically able to participate. 3.2Wrestling Weight Control Program 3.2.1Each year, beginning November 1st and prior to January 15th, a wrestler must establish his/her minimum weight class at a weigh-in witnessed by and attested to in writing by the athletic director or a designated staff member (excluding coaches) of the school the wrestler attends. The official weigh-in for a regularly scheduled dual meet or tournament would establish certification. In addition, each year beginning November 1 and prior to January 15, each wrestler is required to determine his/her lowest allowable competitive weight according to the DIAA Weight Monitoring Program. A wrestler may re-certify at a lower weight class during November 1 and prior to January 15 if his individual weight loss plan allows for it. However, once certified at a weight a wrestler may not weigh-in more than one weight class above the weight of certification without automatically re-certifying at a higher weight. Once re-certified to a higher weight class the wrestler can no longer re-certify lower. After January 14 no wrestler is allowed to re-certify at a lower weight. 3.2.1.1A wrestler who weighs in at least once but fails to establish his/her minimum weight class prior to January 15 shall automatically be certified at the weight he/ she last weighed in before that date. 3.2.1.2A wrestler who does not weigh in at least once and fails to establish his/her minimum weight class prior to January 15 shall automatically be certified at the weight he/she first weighs in after that date. 3.2.1.3A wrestler who is unable, prior to January 15, to get down to the maximum allowable weight of 275 pounds in order to compete in the heavyweight class shall be permitted to certify his/her minimum weight class at a later date in the season and thereafter be eligible to participate. 3.2.2By January 15, a certified team roster listing the established minimum weight class of each wrestler shall be sent to the secretary of the conference to which the school belongs or to the secretary of the independent tournament. Further, duly attested notices of additions to the certified roster shall be sent to the conference secretary without delay. 3.2.2.1The conference secretary shall in turn send to each school in his/her conference copies of the certified rosters of each school. Further, he/she shall note and send copies of the notices of additions to the rosters as these additions occur. 3.3Required Medical Personnel In Attendance at All Football Games 3.3.1Provision shall be made for a licensed physician, a NATA certified athletic trainer, or a registered nurse to be present at all interscholastic football games in which a member school participates. The host school shall provide this service. Failure by the host school to provide this service shall result in a $100.00 fine. 4.0Sports Seasons, Practices Sessions and Maximum Game Schedules and Designated Sports Seasons 4.1Sports Seasons 4.1.1The fall sports season shall begin with the first approved day for practice and end with the start of the state championship in that sport. Any regular season contest that was postponed must be rescheduled and played before the beginning of the state tournament in that sport. A conference championship game must also be completed before the start of the state tournament in that sport and practice for any fall sport shall not begin earlier than 21 days before the first Friday after Labor Day. 4.1.1.1The first three (3) days of football practice shall be primarily for the purpose of physical conditioning and shall be restricted to non-contact activities. Coaches may introduce offensive formations and defensive alignments, run plays "on air," practice non-contact phases of the kicking game, and teach non-contact positional skills. Protective equipment shall be restricted to helmets, mouth guards, and shoes. The use of dummies, hand shields, and sleds in contact drills is prohibited. Blocking, tackling, and block protection drills which involve any contact between players are also prohibited. 4.1.1.2No member school shall participate in spring football games nor shall a member school conduct football practice of any type outside of the regular fall sports season except when participating in the state tournament. Organized football" or "organized football practice" shall be defined as any type of sport which is organized to promote efficiency in any of the various aspects of football. Touch football, featuring blocking, tackling, ball handling, signaling, etc. shall be considered "organized football" and shall be illegal under the intent of this rule 4.1.2The winter sports season shall begin with the first approved day for practice and end with the start of the state championship in that sport. Any regular season contest that was postponed must be rescheduled and played before the beginning of the state tournament in that sport. Conference championships must also be completed before the start of the state tournament in that sport and practice for any winter sport shall not begin earlier than 21 days before the first Friday in December. 4.1.3The spring sports season shall begin on March 1 and ends with the start of the state championship in that sport. Any regular season contest that was postponed must be rescheduled and played before the beginning of the state tournament in that sport. Conference championships must also be completed before the start of the state tournament in that sport and practice for any spring sport shall not begin earlier than March 1. 4.1.4A school which participates in a game prior to the first allowable date or after the start of the state championship shall be required to forfeit the contest and be assessed a $100.00 fine. 4.1.5A school which conducts practice prior to the first allowable date shall pay a fine of $100.00 per illegal practice day. 4.1.6No member school shall participate in a post-season contest without the written approval of the Executive Director. 4.2Practice Sessions 4.2.1A practice session shall be defined as any instructional activity on the field, court, mat, or track or in the pool, weight room, or classroom such as team meetings, film reviews, blackboard sessions, warmup and cool down exercises, drills or mandatory strength training. Member schools shall conduct a minimum of 21 calendar days of practice under the supervision of the school's certified, emergency and/or approved volunteer coaching staff prior to the first scheduled contest in all sports. 4.2.2Practice sessions shall be limited to two (2) hours on official school days. Split sessions may be conducted but practice time shall not exceed two hours for any individual athlete. The two-hour practice limitation does not include time for non-instructional activities such as dressing, showering, transportation, or training room care. 4.2.3Practicing on holidays and weekends shall be left to the discretion of the individual schools and conferences. However there should be one day of no activity (practice, scrimmage, or contest) during any seven day period. 4.2.4A student shall be required to practice for a period of at least seven (7) calendar days prior to participating in a contest. However, if a student has been participating in a state tournament during the preceding sports season and is unable to begin practicing at least seven (7) calendar days before his/her team's first contest, he/she shall be exempt from this requirement. 4.2.5A school which exceeds the two-hour practice limitation shall pay a $100.00 fine. 4.3Maximum Game Schedules and Designated Sports Seasons: 4.3.1The maximum number of regularly scheduled interscholastic contests/competition dates for each team and individual in the recognized sports and their sports season shall be designated by the DIAA Board of Directors and is as follows: Team Limitations Individual Limitations Sport Season Week Week Day Fall Cross Country (boys and girls) 16 competition dates +3 competition dates +3 competition dates Field Hockey (girls) 16 contests 3 contest 3 Competition dates 2 halves Football (boys) 10 contests 1 contest 4 varsity quarters or any combination of 5 varsity and subvarsity quarters provided no more than 3 quarters are at the varsity level Soccer (boys) 16 Contests 3 contests 3 competition dates 2 halves Volleyball (girls) 16 competition dates of which 1 date may involve more than 2 teams 3 competition dates 3 competition dates Winter Basketball (boys and girls) 22 contests 3 contests 3 competition dates 4 quarters Swimming and Diving (boys and girls) 16 contests 3 contests 3 contests Indoor Track (boys and girls) 12 contests + 3 contests + 3 contests Wrestling (boys) * 18 contests 3 competition dates 3 competition dates 5 matches Spring Baseball (boys) 20 contests 3 contests 3 contests Softball (girls) 20 contests 3 contests 3 contests Golf (boys) 16 competition dates 3 competition dates 3 competition dates Tennis (boys and girls) 16 contests 3 contests 3 contests Outdoor Track (boys and girls) 18 competition dates +3 competition dates +3 competition dates Lacross (boys and girls) 16 contests 3 contests 3 competition dates 4 quarters (boys) or 2 halves (girls) Soccer (girls) 16 contests 3 contests 3 competition dates 2 halves _ The third contest/competition date in a week must be held on Friday (no early dismissal permitted), Saturday or Sunday. This requirement is waived when a school is closed for the entire week such as during winter or spring vacation. + A team may not participate in two different cross country, indoor track or outdoor track meets on the same day. * Participation in a triangular meet shall count as two contests and participation in a quadrangular meet shall count as three contests toward the seasonal limitation. 4.3.2The third contest/competition date in a week shall be held on Friday (no early dismissal permitted), Saturday or Sunday. This requirement is waived when a school is closed for the entire week such as during winter or spring vacation. 4.3.2.1A team shall not participate in two different cross country, indoor track or outdoor track meets on the same day. 4.3.2.2Participation in a triangular meet shall count as two contests and participation in a quadrangular meet shall count as three contests toward the seasonal limitation. 4.3.2.3Participation in any part of a quarter/half shall count as a quarter/half toward the weekly and daily limitations in that sport. However, in the case of football, participation on a free kick or a play from a scrimmage kick formation shall not count as a quarter. Overtime periods shall be considered as part of the fourth quarter or second half. 4.3.3A week shall be designated as starting on Monday and ending on Sunday for all sports except football. A football week shall begin the day of the varsity game and end the day preceding the next varsity game or the following Friday. 4.3.3.1The preceding game limitations, with the exception of the individual daily limitation, shall not prohibit the rescheduling of postponed games at the discretion and convenience of the member schools involved provided the game was postponed due to inclement weather, unplayable field conditions, failure of the assigned officials to appear for the game, breakdown of the bus or van carrying the visiting team, or any other circumstances beyond the control of site management which preclude playing the game. However, a team may not participate in more than four (4) contests/ competition dates in a week. 4.3.4The maximum number of regularly scheduled contests for each of the recognized sports, except football, shall be exclusive of conference championships, playoffs to determine tournament state berths, and the state tournament/meet. The maximum number of regularly scheduled football contests shall be exclusive of the state tournament. 4.3.4.1Any playoffs to determine state tournament berths shall be under the control and supervision of the DIAA tournament committee. 4.3.5A student shall participate in a particular sport for only one season during each academic year. 4.3.6A school which participates in more than the allowable number of contests in a season shall be suspended from the state playoffs or, if a non-qualifying team, fined $200.00. 4.3.6.1A school which exceeds the weekly contest limitation shall be required to forfeit the contest and pay a $100.00 fine. 4.3.6.2A student who exceeds the weekly or daily contest limitation shall be considered an ineligible athlete and the school subject to the process stipulated in 2.10. 5.0School/Team Competition, Sanctioning of Competitions, State Championships and All Star Contests 5.1School/Team Competition 5.1.1Sponsoring Interscholastic Teams: Interscholastic competition is defined as any athletic contest between students representing two (2) or more schools. Members of school clubs who participate in non-competitive, recreational activities or compete unattached are not considered to be engaged in interscholastic competition Students [who] are considered to be representing a school if the school does any of the following: 5.1.1.1Partially or wholly subsidizes the activity (providing equipment, uniforms, transportation, entry fees, etc.). 5.1.1.2Controls and administers the funds, regardless of their source, needed to conduct the activity. 5.1.1.3Permits students to compete under the name of the school. 5.1.1.4Publicizes or promotes the activity through announcements, bulletins, or school sponsored publications in excess of what is customarily done for “outside” organizations. 5.1.1.5Presents or displays individual/ team awards. 5.1.2Schools may sponsor teams for interscholastic competition in a sport provided the following criteria are met: 5.1.2.1The governing body of the participating district or non-public school approves participation in the sport. The administrative head of the school shall notify the Executive Director in writing of the school’s intent to sponsor a team in a new sport. 5.1.2.2The governing body of the participating district or non-public school controls the funds needed to support the proposed team, regardless of their source, in the same manner as existing teams (coaches’ salaries, purchase and repair of equipment, medical supervision, transportation, preparation and maintenance of practice and game facilities, awards, etc.). Requests from outside sources to make financial contributions or to donate equipment or services must be submitted in writing and must include an acknowledgment that the equipment becomes the property of the school. The contribution or donation must be approved in writing by the administrative head of the school. 5.1.2.3.The participating schools agree to comply with all applicable DIAA rules and regulations as stated in the current DIAA Official Handbook. 5.1.3Levels of Participation 5.1.3.1Level 1 or developmental sport - less than twelve (12) participating schools at the varsity level. DIAA rules and regulations shall not be in effect. 5.1.3.2Level 2 or recognized sport - twelve (12) or more participating schools at the varsity level. Participating schools must petition the DIAA Board of Directors for official recognition of the sport. 5.1.3.2.1At the time of official recognition, DIAA shall provide rules publications to the participating schools, designate an approved officials' association, conduct an annual or biannual rules clinic for coaches and officials, establish a maximum game schedule, and form a committee to promote the continued development of the sport and prepare for a future state championship. All DIAA rules and regulations shall then be in effect. 5.1.3.3Level 3 or championship sport sixteen (16) or more participating schools at the varsity level. Upon petition by the sport committee and adoption of a tournament proposal, DIAA shall establish a state championship. 5.1.3.4Withdrawal of level 2 or level 3 status. If, for two (2) consecutive years, less than the required number of schools participate in a sport, DIAA may withdraw official recognition or suspend the state tournament/meet for a period of time as determined by the Board of Directors. 5.1.4Membership on Coed Teams 5.1.4.1If a school sponsors a boys' team and a girls' team in a particular sport, boys shall participate on the boys' team and girls shall participate on the girls' team even if the teams compete during different seasons. If a school sponsors only a boys' team in a particular sport, girls shall be permitted to participate on the boys' team but if a school sponsors only a girls' team in a particular sport, boys shall not be permitted to participate on the girls' team. 5.1.4.2Coed teams shall participate only in the boys' state championship tournament/meet. 5.2Sanctioning of Competitions 5.2.1Member schools may participate in tournaments/meets involving four (4) or more schools only if the event has been sanctioned by DIAA and, if applicable, by the NFHS. Tournaments/meets shall be sanctioned in accordance with the following criteria: 5.2.1.1The event shall not be for determining a regional or national champion. 5.2.1.2The event shall be organized, promoted, and conducted by and all profits go to a nonprofit organization. Involvement by a commercial organization shall be limited to providing financial support. 5.2.1.3Non-symbolic competition awards shall have a value of not more than $50.00 per recipient and shall require the prior approval of the Executive Director. 5.2.1.4Non-school event organizers shall submit a full financial report to the DIAA office within ninety (90) calendar days of the completion of the event. 5.2.1.5The event organizer shall submit a list of out-of-state schools which have been invited to participate and such schools shall be subject to approval by the Executive Director. 5.2.1.6Out-of-state schools which are not members of their state athletic association shall verify in writing that their participating athletes are in compliance with their state athletic association’s eligibility rules and regulations. 5.2.1.7The event organizer shall not accept financial support or sell advertising to companies involved in the production or distribution of alcohol and tobacco products. 5.2.1.8The event organizer shall comply with all applicable NFHS sanctioning requirements. 5.2.2Participation in a non-sanctioned event shall result in payment of a $25.00 fine. A second offense shall result in a $50.00 fine and loss of eligibility to participate in sanctioned events for the remainder of the sport season. A third offense shall result in a $100.00 fine and loss of eligibility to participate in sanctioned events for the remainder of the school 5.3State Championships 5.3.1State Championships: The minimum number of high schools which must sponsor a sport at the varsity level in order for DIAA to approve a state championship shall be sixteen (16). 5.3.1.1State championship play shall be permitted at the varsity level only in football, basketball, indoor and outdoor track, cross country, swimming, wrestling, golf, baseball, soccer, tennis, field hockey, softball, girls' volleyball, and lacrosse provided such tournament or meet is under the direct control and supervision of and/or has the approval of DIAA. 5.3.1.2A member school which does not pay all fines incurred during the school year by July1st shall be ineligible to participate in a state championship event in any sport during the following school year until such time as all fines are paid. 5.3.2All state championships shall be managed by committees established by the DIAA Board of Directors. 5.3.2.1Each tournament format, as well as the criteria and procedures for selecting and seeding the participating teams, must be approved by the Board of Directors and any subsequent changes must also be approved by the Board. The Executive Director shall advise the committees as to which proposed changes must be presented to the Board. If the Executive Director and the committee cannot agree, the proposed change must be presented to the DIAA Board of Directors for approval. 5.3.2.2All financial arrangements, including the collection of monies and expenditures, must be approved by the Executive Director 5.3.2.3Championship play in other sports must be confined to the individual conferences and conducted in accordance with the rules of the conference as approved by the DIAA Board of Directors. 5.4All-Star Contests 5.4.1An all-star contest shall be defined as an organized competition in which the participants are selected by the sponsoring organization or its designee on the basis of their performance during the interscholastic season in that sport. 5.4.2Students who have completed their eligibility in a sport may participate in all-star contests in that sport, if approved by DIAA, prior to graduation from high school. 5.4.3Member schools shall not make their facilities, equipment, or uniforms available to the sponsoring organization or the participants unless the all-star contest is approved by DIAA. 5.4.4The all-star contest must be approved by DIAA in accordance with the following criteria: 5.4.4.1The contest shall not be for determining a regional or national champion. 5.4.4.2The contest shall be organized, promoted, and conducted by and all profits go to a nonprofit organization. Involvement by a commercial organization shall be limited to providing financial support. 5.4.4.3The awards given shall be in compliance with 9.0. 5.4.4.4Exceptions to the adopted rules code for the sport, including uniform regulations, shall require the approval of DIAA. 5.4.5A full financial report must be filed with the Executive Director within ninety 90 days of the contest. Failure to submit a financial report within the specified period of time shall result in the sponsoring organization being assessed a $300.00 fine. 5.4.6The event organizer shall not accept financial support or sell advertising to companies involved in the production or distribution of alcohol and tobacco products. 6.0Out of Season Athletic Camps and Clinics Sponsorship, Commercial Camps and Clinics and Open Gyms, Conditioning Programs and Non School Competition 6.1Out of Season Athletic Camps and Clinic Sponsorship 6.1.1DIAA does not restrict a student's decision to attend an out of season athletic camp/clinic. However, schools, school organizations, coaches, or school related groups, such as booster clubs, may not sponsor an athletic camp/clinic which limits membership to their own district, locale, or teams. Coaches employed by an out of season athletic camp may only instruct their returning athletes in accordance with 4.5. 6.1.1.1School related groups, such as booster clubs, which desire to sponsor the attendance of their school's enrolled students at an out of season athletic camp/clinic, may do so with the approval of the local school board or governing body. The disbursement of funds to pay for camp/clinic related expenses (fees, travel costs, etc.) shall be administered by the principal or his/her designee and the funds shall be allocated according to the following guidelines: 6.1.1.1.1All students and team members shall be notified of the available sponsorship by announcement, publication, etc. 6.1.1.1.2All applicants shall share equally in the funds provided. 6.1.1.1.3All applicants shall be academically eligible to participate in interscholastic athletics. 6.1.1.1.4All applicants shall have one year of prior participation in the sport for which the camp/clinic is intended or, absent any prior participation, he/she shall be judged by the coach to benefit substantially from participation in the camp/clinic. 6.2Commercial Camps and Clinics: 6.2.1Commercial camps and clinics are defined as a camp/clinic operated for profit which provides coaching or other sports training for a fee. 6.2.2A student may participate in a commercial camp or clinic, including private lessons, both during and out of the designated sport season provided the following conditions are observed: 6.2.2.1The student must participate unattached and may not wear school uniforms. 6.2.2.2The student may use only school equipment whose primary purpose is to protect the wearer from physical injury. 6.2.2.3The school may not provide transportation or pay fees. 6.2.2.4The school coach may not require his/her athletes to participate in a camp or clinic, or provide instruction to his/her returning athletes in a camp or clinic except as provided in 7.5. 6.3Open Gym Programs 6.3.1A member school may open its gymnasium or other facility for informal, recreational activities in accordance with the following provisions: 6.3.1.1The open gym must be available to all interested students, must not be restricted to members of a particular team, and must be publicized as such. 6.3.1.2Student participation must be voluntary and the open gym must not be a prerequisite for trying out for a particular team. 6.3.1.3The activities must be unstructured and student-generated. Organized drills in the skills or techniques of a particular sport are prohibited. Organized competition with fixed team rosters is also prohibited. 6.3.1.4A coach may not predetermine that the open gym will include only his/her sport and publicize the open gym as being restricted to that sport. It is the responsibility of the adult supervisor to permit as many different activities as the facility can effectively and safely accommodate. 6.3.1.5A coach may open the facility and distribute playing equipment but may not instruct, officiate, participate, organize the activities, or choose teams in his/ her assigned sport. 6.3.1.6Playing equipment is restricted to that which is customarily used in a contest in a particular sport. Playing equipment which is only used in a practice session is prohibited. 6.3.1.7The participants must provide their own workout clothing. 6.4Conditioning Programs 6.4.1A member school may conduct a conditioning program in accordance with the following provisions: 6.4.1.1The conditioning program must be available to all interested students, must not be restricted to members of a particular team, and must be publicized as such. 6.4.1.2Student participation must be voluntary. The conditioning program must not be a prerequisite for trying out for a particular team. 6.4.1.3Permissible activities include stretching, lifting weights, jumping rope, running, calisthenics, aerobics, and similar generic conditioning activities. Organized drills in the skills or techniques of a particular sport are prohibited. 6.4.1.4A coach may not provide instruction in sport specific skills or techniques. 6.4.1.5Sport specific equipment is prohibited. 6.4.1.6The participants must provide their own workout clothing. 6.5Non-School Competition in which Participants are Competing Unattached and are Not Representing Their Schools 6.5.1A student may participate on a non-school team or in a non-school individual event both during and out of the designated sport season. However, the student owes his/her primary loyalty and allegiance to the school team of which he/she is a member. A school shall have the authority to require attendance at practices and contests and students not in compliance shall be subject to disciplinary action as determined by the school. 6.5.2Participation on a non-school team or in a non-school individual event shall be subject to the following conditions: 6.5.2.1With the exception of organized intramurals, the student may not wear school uniforms. 6.5.2.2With the exception of organized intramurals, the student may use only school equipment whose primary purpose is to protect the wearer from physical injury. 6.5.2.3The school or a school affiliated support group may not provide transportation. 6.5.2.4The school or a school affiliated support group may not pay entry fees or provide any form of financial assistance. 6.5 2.5The school coach may not require his/her athletes to participate in non-school competition or provide instruction to his/her athletes in non-school competition except as in 7.5. 6.5.314 Del.C. §122(b)(15) requires written parental permission prior to participation on a similar team during the designated sport season. Written authorization must be on file in the student's school prior to engaging in a tryout, practice, or contest with a similar team. Consent forms shall be available in all member schools. Similar teams shall include organized intramural teams as well as non-school teams in that sport. 7.0Certified, Emergency and Volunteer Coaches, Student Teaching and Coaching and Coaching Out of Season 7.1Certified Coaches: 7.1.1Only those professional employees certified by the Department of Education and whose salary is paid by the State and/or local Board of Education, or in the case of charter and non-public schools by a similar governing body, if acceptable as a coach by the governing body, shall coach, assist in coaching, or direct member school teams in any district. The terms of employment must be for the regular school year and the professional assignment shall be no less than ½ of the school day, exclusive of coaching duties. 7.1.2All varsity head coaches (junior varsity if the school does not sponsor a varsity team) shall be required to attend the DIAA rules clinic for their sport or, if applicable, pass an open book rules examination supplied by the DIAA office. A school shall be assessed a $50.00 fine and the head coach shall be placed on probation if he/ she fails to attend the DIAA rules clinic or pass the open book rules examination in his/her sport. Failure to comply for a second consecutive year shall result in the school being assessed a $50.00 fine and the coach being suspended for up to five contests as determined by the Executive Director. 7.1.2.1Certified coaches at all levels of competition shall be required to hold a current certification in adult CPR. 7.2Emergency Coaches 7.2.1An emergency coach shall be defined as an individual who is either not certified by the Department of Education, or is certified by the Department of Education but is not employed for the regular school year or whose professional assignment is less than ½ of the school day. An individual who meets the requirements of a certified coach but whose professional assignment is located in a different school or district than his/her coaching assignment shall not be considered an emergency coach by DIAA. 7.2.1.1Emergency head coaches at all levels of competition shall be required to hold a current certification in adult CPR 7.2.2Member schools shall be required to annually reopen all positions that are held by emergency coaches. 7.2.3Emergency coaches may be employed provided the local governing body adheres to the following procedures: 7.2.3.1The employing Board of Education must attempt to locate an acceptable, certified professional staff member by advertising the coaching vacancy in the district for as many days as are required by the district's collective bargaining agreement. 7.2.3.2If an acceptable, certified professional staff member is not available, an individual who is acceptable to the employing Board of Education may be hired as an emergency coach. 7.2.3.3Any individual employed as a coach under the emergency provision must comply with the following regulations: 7.2.3.3.1He/she must be officially appointed by the local Board of Education. The superintendent or his/her designee may temporarily appoint an individual if a coaching vacancy arises and the sport season begins during the interim between meetings of the local Board of Education. 7.2.3.3.2His/her coaching salary must be paid exclusively by the local Board of Education. 7.3Student Teaching and Coaching 7.3.1Students who are practice teaching in a member school shall be permitted to assist in all professional activities during their practice teaching period. 7.4Volunteer Coaches 7.4.1In addition to the members of the school's regular coaching staff, the local governing body may supplement a school's coaching staff with volunteer coaches. Volunteer coaches are individuals who donate their services to a school and who have been approved by that school's local governing body. A current list of approved volunteer coaches shall be on file in the school's administrative office before any coaching duties are assumed. 7.5Coaching Out of Season 7.5.1From August 2nd through June 14th a certified, emergency, or volunteer coach shall not be allowed to provide instruction out of the designated season in his/her assigned sport to returning members of the varsity or sub-varsity teams of the school at which he/she coaches or transfer students from other schools who play the coach’s sport. He/she shall also be prohibited from coaching rising ninth graders (rising eighth graders if eighth grade is part of the same administrative unit as grades 9 through 12) who participated in his/her assigned sport at a feeder school. A rising ninth grader is a student who has completed eighth grade requirements but is not yet enrolled in ninth grade. A rising eighth grader is a student who has completed seventh grade requirements but is not yet enrolled in eighth grade. 7.5.1.1A coach shall not be allowed to participate on a team in his/her assigned sport with the aforementioned players. 7.5.1.2A coach shall also be prohibited from officiating contests in his/her assigned sport if the aforementioned players are participating except in organized league competition. 7.5.1.3The league shall not be organized and conducted by the employing school, the employing school’s booster club, or the employing school’s coaching staff. 7.5.1.4The league shall have written rules and regulations that govern the conduct of contests and establish the duties of contest officials. 7.5.1.5The league shall have registration/entry procedures, forms, and fees; eligibility requirements; and fixed team rosters, team standings, and a master schedule of contests. 7.5.1.6A certified, emergency, or volunteer coach shall not be allowed to provide instruction during the designated season in his/her assigned sport to current members of the varsity or subvarsity teams of the school at which he/she coaches outside of school sponsored practices, scrimmages, and contests. 7.5.1.7A coach who is in violation of this section shall be suspended from coaching in the specified sport at any DIAA member school for up to the total number of days in the school year from the date the charge is substantiated. 7.5.2From June 15th through August 1st, a certified, emergency or volunteer coach shall be allowed to provide instruction in his/her assigned sport to returning members of the varsity or sub-varsity teams of the school at which he/she coaches. Instructional contact with the aforementioned returning school team members shall be subject to the following conditions: 7.5.2.1A coach may provide instruction to an unlimited number of his/her returning school team members in formal league/tournament competition or in formal instructional camps/clinics provided the league/tournament or instructional camp/clinic is organized and conducted by a non-school affiliated organization. 7.5.2.2A coaching staff may provide instruction to a maximum of two returning school team members in an informal setting which means student initiated and non-scheduled. A coaching staff may have multiple two-hour sessions in any given day. Returning school team members shall not receive more than 2 hours of sports instruction per day. 7.5.2.3A coach shall not receive any compensation, from any source, for the instruction of his/her returning school team members. Reimbursement for out-of-pocket expenses (e.g. gas, food, lodging) incurred by returning school team members and coaches to attend leagues/tournaments or instructional camps/clinics are not prohibited provided that no local school or state educational funds are used. 7.5.2.4Participation in the formal league/tournament or instructional camp/clinic, or informal instruction, shall be open, voluntary and equally available to all returning school team members as well as members of the student body. 7.5.2.5A coach who is in violation of this section shall be suspended from coaching in the specified sport at any DIAA member school for up to the total number of days in the school year from the date the charge is substantiated. 8.0Recognition of Officials’ Associations, Required Use of Officials and Attendance at Rules Clinics 8.1Recognition of Officials’ Associations 8.1.1The officiating of interscholastic contests in the state of Delaware which involve one (1) or more member schools shall be under the control of the DIAA and such control may include, but not be restricted to, giving examinations, evaluating officials, setting game fees, determining the number of officials per game, and assigning officials. 8.1.2An official’s association which desires to officiate middle school and/or high school contests shall request recognition and approval from DIAA by submitting the following documents to the DIAA Officials' Committee: 8.1.2.1A letter of request indicating the association's willingness to abide by DIAA rules and regulations. 8.1.2.2A brief history of the association. 8.1.2.3A copy of the association's constitution and bylaws including a statement that it does not discriminate on the basis of age, gender, race, religion, etc. 8.1.2.4A description of the association's evaluation and rating system. 8.1.2.5A description of the association's recruiting and training programs for new members. 8.1.2.6A membership roster indicating the number of years of experience at the sub-varsity, varsity, and state tournament levels for each member and also his/her most recent rating in a previous association. 8.1.2.7If applicable, letters of recommendation or names of references from leagues which the association has serviced during the past year. 8.1.3The Officials' Committee shall review the aforementioned documents and, if necessary, meet with the officers of the association to discuss their petition. 8.1.4The Officials' Committee shall reserve the right to consult with any other interested parties during the evaluation process. 8.1.5The Officials' Committee shall report its findings to the DIAA Board of Directors and recommend that the officials' association be granted recognition, granted recognition with conditions, or denied recognition. 8.1.6The president of the officials' association or his/her designee shall petition the DIAA Board of Directors and the Board shall render a decision. 8.1.7If more than one association is approved to officiate a particular sport, a conference or, in the absence of a conference affiliation, an individual school shall determine which association shall provide the officials for its home contests. 8.2Required Use of Officials 8.2.1Member schools and tournament sponsors shall be required to use officials approved by DIAA for interscholastic contests. Use of non-approved officials without permission from the Executive Director shall result in the school or tournament sponsor being assessed a $50.00 fine per game per non-approved official. 8.2.1.1In the case of emergencies such as an act of God, refusal by an association to work games, or a shortage of qualified officials, schools which desire to use other than approved officials must obtain permission from the Executive Director. 8.3Attendance at Rules Clinics 8.3.1Officials shall be required each year to both attend the DIAA rules interpretation clinic and to pass the rules examination provided by the DIAA office for the sport(s) they officiate. 8.3.2Failure on the part of an official to attend the DIAA rules interpretation clinic and pass the rules examination in the same season shall cause the official to be placed on probation and to lose his/her eligibility to officiate a state tournament contest during that season. 8.3.3Failure to satisfy both requirements in the same season for two (2) consecutive years shall cause the official to lose varsity officiating status during the second season. Failure to fulfill this obligation in subsequent years shall cause the official to continue to be restricted to sub-varsity contests until both requirements have been satisfied in the same season. 8.3.4Attending the fall soccer rules interpretation clinic shall satisfy the clinic attendance requirement for both the boys’ and girls’ soccer seasons. Attending the spring soccer rules interpretation clinic shall satisfy the clinic attendance requirement for only the girls’ soccer season. 8.3.5If, for a legitimate reason which is documented by the president of his/her association, an official is unable to attend the DIAA rules interpretation clinic, he/she may view a videotape of the DIAA clinic or, in the absence of a videotape, attend a clinic conducted by another NFHS member state association provided the following procedures are observed: 8.3.5.1No later than the day of the DIAA rules interpretation clinic, the president of the association notifies the Executive Director, in writing, of the official's inability to attend the clinic. 8.3.5.2The out-of-state clinic is conducted by an individual either trained by the NFHS or designated as a clinician by the state's athletic association. 8.3.5.3The official arranges for a letter to be sent to the Executive Director from the state's athletic association office verifying his/her attendance at the clinic. 9.0Awards and Scholarships 9.1Awards 9.1.1Member schools an support groups affiliated with a member schools, such as an alumni association or booster club, shall be allowed to present recognition awards for team and/or individual accomplishments. The awards, including artwork and lettering, shall require the approval of the administrative head of the school and their value shall be mostly symbolic, no more than $150.00. Member schools and/or support groups affiliated with member schools are also permitted to sponsor banquets. 9.1.2A non-profit group such as a coaches association, booster club not affiliated with a member school, or community service organization shall be allowed to present recognition awards for team and/or individual accomplishments with the approval of the administrative head of the school. Non-profit groups shall also be permitted to sponsor banquets. 9.1.3Commercial organizations shall be allowed to present recognition awards for team and/or individual accomplishments with the approval of the administrative head of the school. 9.1.4Permissible awards include trophies, plaques, medals, letters, certificates, photographs, and similar items. Jackets, sweaters, shirts, watches, rings, charms, and similar items if properly inscribed (reference to the team or individual athletic accomplishment) are also acceptable. The awards shall have symbolic value only, awards with utilitarian value are prohibited. The aggregate retail value of the award shall not exceed $150.00 per team or per recipient and shall require prior approval of the Executive Director. 9.2Scholarships 9.2.1Member schools and support groups affiliated with member schools shall be permitted to present post-secondary scholarships. 9.2.2Non-profit organizations co-sponsoring a tournament shall be allowed to give post-secondary scholarships to participating schools provided they are not awarded on the basis of team or individual performance in the tournament. Scholarship monies shall be administered in accordance with DIAA and NCAA regulations. 10.0 Use of Influence for Athletic Purposes 10.1Definition: The use of influence for athletic purposes shall include, but not be limited to, the following: 10.1.1Offer of money, room, board, clothing, transportation, or other valuable consideration to a prospective athlete or his/her parent(s) or court appointed legal guardian(s). 10.1.2Offer of waiver/reduction of tuition or financial aid if based, even partially, on athletic considerations. 10.1.3Preference in job assignments or offer of compensation for work performed in excess of what is customarily paid for such services. 10.1.4Offer of special privileges not accorded to other students. 10.1.5Offer of financial assistance including free or reduced rent, payment of moving expenses, etc., to induce a prospective athlete or his/her parent(s), legal guardian(s) or Relative Caregiver to change residence. 10.2Illegal Contact with Students, Legal guardians, or a Relative Caregiver 10.2.1A school employee or Board approved volunteer may not initiate contact or request that a booster club member, alumnus, or player initiate contact with a student enrolled in another school or his/her parent(s), legal guardian(s) or a Relative Caregiver in order to persuade the student to enroll in a particular school for athletic purposes. Illegal contact shall include, but not be limited to, letters, questionnaires or brochures, telephone calls, and home visits or personal contact at athletic contests. 10.2.2If a coach or athletic director is contacted by a prospective athlete or his/her parent(s), legal guardian(s)or a Relative Caregiver , the former must refer the individual(s) to the principal or school personnel responsible for admissions. 10.3Permitted Activities 10.3.1A school employee or Board approved volunteer may do the following: 10.3.1.1Discuss the athletic program with a prospective student or his/her parent(s), legal guardian(s)or Relative Caregiver during an open house or approved visit initiated by the parent(s), legal guardian(s) or Relative Caregiver. 10.3.1.2Provide information concerning sports offered, facilities, conference affiliation, and general athletic policies. However, he/she is not permitted to state or imply in any way that his/her athletic program is superior to that of another school or that it would be more beneficial or advantageous for the prospective student to participate in athletics at his/her school. 10.3.1.3Conduct an informational presentation at a feeder school. 10.4School Choice 10.4.1If the number of applicants under the Delaware School Choice Program exceeds the number of available student openings, the selection criteria established by the district shall not include athletic considerations. 10.5Penalties 10.5.1The use of influence or illegal contact including but not limited to, violations of 10.1 and 10.2 by a person(s) employed by or representing a member school including members of alumni associations, booster groups, and similar organizations to persuade, induce, or facilitate the enrollment of a student in that school for athletic purposes may render the student ineligible for up to 1 full school year from the date the charge is substantiated. In addition, the offending school may be placed on probation, as determined by the DIAA Board of Directors, and the offending employee, if a coach, may be suspended for up to one (1) full school year from the date the charge is substantiated. DEPARTMENT OF EDUCATIONPROFESSIONAL STANDARDS BOARDRegulatory Implementing Order Regulation 1516 Standard Certificate 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 §1516 Standard Certificate from the Regulations of the Department of Education. The regulation concerns the requirements for certification of educational personnel, pursuant to 14 Del.C. §1220(a). It is necessary to amend this regulation to include recognition of educator preparation programs approved using NASDTEC standards. It is further amended to reflect the establishment of PRAXIS II scores by the Standards Board and the State Board. Notice of the proposed amendment of the regulation was published in the News Journal and the Delaware State News on November 26, 2003, in the form hereto attached as Exhibit “A”. The notice invited written comments. No comments were received. II. Findings Of Facts The Professional Standards Board and the State Board of Education find that it is appropriate to amend this regulation to comply with changes in statute regarding the 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 §1516 in the Administrative Code of Regulations for 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 6TH DAY of MAY, 2004 Harold Roberts, ChairLeslie Holden Sharon BrittinghamCarla Lawson Heath ChasanovMary Mirabeau Patricia ClementsJohn Pallace Edward CzerwinskiKaren Schilling Ross Karen GordonCarol Vukelich Barbara GroggGeraldine A. Williams Bruce Harter FOR IMPLEMENTATION BY THE DEPARTMENT OF EDUCATION: Valerie A. Woodruff, Secretary of Education IT IS SO ORDERED This 20th Day Of March, 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 1516 Standard Certificate 1.0Content. 1.1 This regulation shall apply to the issuance of a Sstandard Ccertificate, pursuant to 14 Del.C. §1220(a). 2.0Definitions. 2.1 The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: “Certification” means the issuance of a certificate, which may occur regardless of a recipient=s assignment or employment status. “Department” means the Delaware Department of Education. “Educator” means a public school employee who holds a license issued under the provisions of 14 Del.C., Ch.apter12, and includes teachers, specialists, and administrators, and as otherwise defined by the Standards Board and the State Board pursuant to 14 Del.C. §1203, but does not include substitute teachers. “Examination of Ccontent Kknowledge” means a standardized test which measures knowledge in a specific content area. “License” means a credential which authorizes the holder to engage in the practice for which the license is issued. “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. “Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. '1201. “State Board” means the State Board of Education of the State pursuant to 14 Del.C. '104. 3.0The Department shall issue a Sstandard Ccertificate to an educator who holds a valid Delaware Iinitial, Ccontinuing or Aadvanced Llicense; or Llimited Sstandard, Sstandard, or Pprofessional Sstatus Ccertificate issued prior to August 31, 2003, who has: 3.1Acquired the prescribed knowledge, skill and/or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students by: 3.1.1Obtaining National Board for Professional Teaching Standards certification in the area, subject, or category for which a Sstandard Ccertificate is requested; or 3.1.2Meeting the requirements set forth in the relevant Department or Standards Board regulation governing the issuance of a Sstandard Ccertificate in the area for which a Sstandard Ccertificate is sought; or 3.1.3Graduating from an NCATE specialty organization recognized educator preparation program offered by a regionally accredited college or university, with a major in the area of the Sstandard Ccertificate requested, or 3.1.4Graduating from a state approved educator preparation program offered by a regionally accredited college or university, with a major in the area of the Sstandard Ccertificate requested, where the state approval body employed the appropriate NCATE speciality organization standards. 3.2Graduating from an educator preparation program offered by a Delaware higher education institution approved by the Department pursuant to 14 DE Admin. Code 399, with a major in the area of the Sstandard Ccertificate requested; or 3.3Achieving a passing score, as established by the Standards Board, in consultation with the Department and with the concurrence of the State Board, on a Praxis II examination in the area requested. This section is subject to the establishment of passing scores for Praxis II examinations by the Department and their approval by the Standards Board, with concurrence from the State Board; or 3.4Holding a valid and current certificate from another state in the area for which a standard certificate is sought. 3.4.1A “valid and current certificate from another state” means a current full or permanent certificate or license issued by another state. It does not include temporary, emergency or expired certificates or licenses issued from another state. 3.4.2The Department shall not act on an application for certification if the applicant is under official investigation by any state or local authority with the power to issue educator licenses or certifications, where the alleged conduct involves allegations of immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials, until the applicant provides evidence of the investigation’s resolution. 3.4.2.1 “Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of his or her unfitness. 4.0Educators may hold certificates in more than one area. 5.0An applicant for a Sstandard Ccertificate shall submit: 5.1Official transcripts; or 5.2Official scores on the Praxis II examination; or 5.3Evidence of passage of the National Board for Professional Teaching Standards Certificate; or 5.4An official copy of the out-of-state license or certification, if applicable. 5.5If applied for simultaneously with application for an Iinitial Llicense, the applicant shall provide all required documentation for that application in addition to the documentation cited above. 6.0If an applicant holds a valid Iinitial, Ccontinuing, or Aadvanced Delaware Llicense; or a Llimited Sstandard, Sstandard or Pprofessional Sstatus Ccertificate issued prior to August 31, 2003 and is requesting additional Sstandard Ccertificates, only that documentation necessary to demonstrate acquisition of the prescribed knowledge, skill and/or education required for the additional Sstandard Ccertificate requested is required. 7.0This regulation shall apply to all requests for issuance of a standard certificate, except as specifically addressed herein. Educators holding a Professional Status Certificate or a Standard Certificate issued on or before August 31, 2003 shall be issued a Continuing License upon the expiration of their current professional status certificate or standard certificate. The Standard Certificate for each area in which they held a Professional Status Certificate or a Standard Certificate shall be listed on the Continuing License. The Department shall also recognize a limited standard certificate or temporary certificate issued prior to August 31, 2003, provided that the educator successfully completes the requirements set forth in the prescription letter received with the limited standard or temporary certificate. Requirements must be completed by the expiration date of the limited standard or temporary certificate, but in no case later than December 31, 2009 8. 8.0A standard certificate is valid regardless of the assignment or employment status of the holder of a certificate or certificates, and is not subject to renewal. It shall be revoked in the event the educator’s initial, continuing, or advanced license or limited standard, standard, or professional status certificate is revoked in accordance with 14 DE Admin. Code 1514. An educator whose license or certificate is revoked is entitled to a full and fair hearing before the Professional Standards Board. Hearings shall be conducted in accordance with the Standards Board’s Hearing Procedures and Rules. 9.0The Secretary of Education may, upon the written request of the superintendent of a local school district or charter school administrator or other employing authority, review credentials submitted in application for a standard certificate on an individual basis and grant a standard certificate to an applicant who otherwise does not meet the requirements for a standard certificate, but whose effectiveness is documented by the local school district or charter school administrator or other employing authority. Regulatory Implementing Order Amendment Administrative Certificates 1530, 1531, And 1532 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 §1530 Certification Administrative – Principal/Assistant Principal, §1531 Certification Administrative – School Leader I, and §1532 Certification Administrative – School Leader II. The regulations apply to the certification of educators as school administrators, as established by 14 Del.C. §1220(a). The regulations are being amended to include that educator preparation programs must be approved, either through NCATE or by states employing appropriate standards in the review of programs. The requirement that school administrators complete approved programs will help to ensure adherence to recognized national standards for educational administrators and will hold school administrators to high standards. The regulations will be renamed Standard Certificate to make them consistent with other regulations of the Professional Standards Board Notice of the proposed adoption of these regulations was published in the News Journal and the Delaware State News on March 29, 2004, in the form hereto attached as Exhibit “A”. The notice invited written comments. No written comments were received. II. Findings Of Facts The Professional Standards Board and the State Board of Education find that it is appropriate to amend these regulations 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 regulations. Therefore, pursuant to 14 Del. C. §1205(b), the regulations attached hereto as Exhibit “B” are hereby amended. Pursuant to the provision of 14 Del. C. §122(e), the regulations 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 regulations adopted shall be in the form attached hereto as Exhibit “B”, and said regulations shall be cited as 14 DE Admin. Code §1530, §1531, and §1532 in the Administrative Code of Regulations for 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 6TH DAY of MAY, 2004. Harold Roberts, ChairLeslie Holden Sharon BrittinghamCarla Lawson Heath ChasanovMary Mirabeau Patricia ClementsJohn Pallace Edward CzerwinskiKaren Schilling Ross Karen GordonCarol Vukelich Barbara GroggGeraldine A. Williams Bruce Harter FOR IMPLEMENTATION BY THE DEPARTMENT OF EDUCATION: Valerie A. Woodruff, Secretary of Education IT IS SO ORDERED This 20th Day Of March, 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 Regulation 1530 Certification Administrative Standard Certificate – School Principal/Assistant Principal 1.0Content. 1.1This regulation shall apply to the issuance of a Sstandard Ccertificate for school principal and assistant principal, pursuant to 14 Del.C. '1220. 2.0Definitions. 2.1The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: “Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. '1201. “Standard Ccertificate” means a credential issued to verify 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. “State Board” means the State Board of Education of the State of Delaware established pursuant to 14 Del.C.'104. “Teaching experience” means meeting students on a regularly scheduled basis, planning and delivering instruction, developing or preparing instructional materials, and evaluating student performance in any pK-12 setting. 3.0The following shall be required for the Standard Certificate for the Pprincipal or Aassistant Pprincipal of an elementary or intermediate school, a middle school, a high school, or a school for exceptional students. 3.1Educational requirements 3.1.1A master=s degree in educational leadership from an NCATE or state aprroved program where the state approval body employed the appropriate NASDTEC or NCATE specialty organization standards from a regionally accredited college or university, or 3.1.2A master=s degree in education offered by an NCATE specialty organization recognized educator preparation program or from a state approved educator preparation program where the state approval body employed the appropriate NASDTEC or NCATE specialty organization standards from a regionally accredited college or university and a current and valid Pprincipal or Aassistant Pprincipal certificate from another state, or 3.1.3 A master=s degree in any field from a regionally accredited college or university and successful completion of a Delaware approved alternative routes to certification program for school leaders. Until approval and implementation of an alternative routes to certification program occurs, candidates completing the Sstandard Ccertificate in accordance with 3.1.3.1 of this regulation shall fulfill the following requirements. 3.1.3.1A three semester hour graduate level course in each of the following areas: 3.1.3.1.1School Administration (at the level to be initially assigned), 3.1.3.1.2Supervision/Evaluation of Staff, 3.1.3.1.3Curriculum Development, 3.1.3.1.4School Business Management, 3.1.3.1.5School Law/Legal Issues in Education, 3.1.3.1.6Human Relations, and, 3.1.3.1.7if not taken at the undergraduate level, Child/Adolescent/Human Development, if not taken at the undergraduate level. 3.2Experience requirements 3.2.1A minimum of three (3) years of teaching experience at the level to be initially assigned as a school Pprincipal or Aassistant Pprincipal, except at the middle level, where the teaching experience may be at any pK-12 level, or as a Pprincipal or Aassistant Pprincipal of a school for exceptional students, where the teaching experience must have been with one or more of the categories of exceptional children served by the school. Regulation 1531 Certification Administrative Standard Certificate -- School Leader I 1.0Content. 1.1The following shall apply to the issuance of a Sstandard Ccertificate for Ddirectors, Ssupervisors, Aadministrative Aassistants, Ccoordinators, and Mmanagers in instructional areas, pursuant to 14 Del.C. '1220. 2.0Definitions. 2.1The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: “Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. '1201. “Standard Ccertificate” means a credential issued to verify 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. “State Board” means the State Board of Education of the State of Delaware established pursuant to 14 Del.C '104. “Teaching Eexperience” means meeting students on a regularly scheduled basis, planning and delivering instruction, developing or preparing instructional materials, and evaluating student performance in any pK-12 setting. 3.0The following shall be required for the Sstandard Ccertificate for Ddirectors, Ssupervisor, Aadministrative Aassistants, Ccoordinators, and Mmanagers in instructional areas. 3.1Educational requirements 3.1.1A master=s degree in educational leadership from an NCATE or state approved program where the state approval body employed the appropriate NASDTEC or NCATE specialty organization standards from a regionally accredited college or university, or 3.1.2A master=s degree in education offered by an NCATE specialty organization recognized educator preparation program or from a state approved educator preparation program where the state approval body employed the appropraite NCATE specialty organization standards from a regionally accredited college or university and a current and valid equivalent central office administrative certificate from another state, or 3.1.3A master=s degree in any field from a regionally accredited college or university and successful completion of a Delaware approved alternative routes to certification program for school leaders. Until approval and implementation of an alternatives routes to certification program occurs, candidates completing the Sstandard Ccertificate in accordance with 3.1.3.1 of this regulation shall fulfill the following requirements; 3.1.3.1A minimum of twenty-four semester hours of graduate level course work, completed either as part of the master=s degree or in addition to it, in administration, to include at least one course in each of the following areas: 3.1.3.1.1Curriculum Development, 3.1.3.1.2Supervision/Evaluation of Staff, 3.1.3.1.3Human Relations, and 3.1.3.1.4School Law/Legal Issues and 3.1.3.1.5Iin the area(s) to be supervised (may include courses in curriculum, instruction, and/or methods), and 3.2Experience requirements 3.2.1A minimum of three (3) years of teaching experience at the pK-12 level. Teaching experience for Ddirectors, Ssupervisors, Aadministrative Aassistants, Ccoordinators, and Mmanagers of programs for exceptional children must have been with exceptional children. Regulation 1532 Certification Administrative Standard Certificate _ School Leader II 1.0Content. 1.1This regulation shall apply to the issuance of a Sstandard Ccertificate for Sschool Ddistrict Ssuperintendents and Aassistant Ssuperintendents, pursuant to 14 Del.C. '1220. 2.0Definitions. 2.1 The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: “Full-Time School Leadership” means full-time experience as a principal or assistant principal or as a district level administrator. “Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. '1201. “Standard Ccertificate” means a credential issued to verify 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. “State Board” means the State Board of Education of the State of Delaware established pursuant to 14 Del.C.'104. “Teaching Eexperience” means meeting students on a regularly scheduled basis, planning and delivering instruction, developing or preparing instructional materials, and evaluating student performance in any pK-12 setting. 3.0The following shall be required for the Standard Certificate for Sschool Ddistrict Ssuperintendents and Aassistant Ssuperintendents. 3.1Educational requirements. 3.1.1A doctoral degree in educational leadership from an NCATE or state approved program where the state approval body employed the appropriate NASDTEC or NCATE specialty organization standardsoffered by an NCATE specialty organization recognized educator preparation program or from a state approved educator preparation program where the state approval body employed the appropriate NASDTEC or NCATE specialty organization standards from a regionally accredited college or university, or 3.1.2A master=s or doctoral degree in education from a regionally accredited college and a current Ssuperintendent or Aassistant Ssuperintendent certificate from another state, or 3.1.3A master=s or doctoral degree in any field from a regionally accredited college and successful completion of a Delaware approved alternative routes to certification program for school leaders/superintendents. Until approval and implementation of an alternative routes to certification program occurs, candidates completing the Sstandard Ccertificate in accordance with 3.1.3 of this regulation shall provide evidence of graduate course work in the following areas, either as part of the master=s or doctoral degree program or in addition to it. 3.1.3.1Personnel Administration 3.1.3.2Supervision/Evaluation of Staff 3.1.3.3Curriculum Development and Instruction 3.1.3.4School Business Management 3.1.3.5School Law/Legal Issues in Education 3.1.3.6Human Resource ManagementRelations 3.1.3.7Organizational Management 3.1.3.8Child or Adolescent Development, if not taken at the undergraduate level. 3.2Experience requirements 3.2.1A minimum of five (5) years of teaching experience at the pK-12 level; or 3.2.2A minimum of five (5) years of full-time pK-12 leadership experience; or 3.2.3Any combination of these types of experience which totals a minimum of five (5) years. 3.2.4The required experience may be acquired at either the building or district level. Regulatory Implementing Order Regulation 1556 Standard Certificate – Primary Teacher 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 §1556 Standard Certificate – Primary Teacher. This regulation applies to the requirements for a Standard Certificate for an Elementary Teacher as established by 14 Del. C. §1220(a). The amendment to this regulation is necessary to change the grade span of the certificate from K-4 to K-6. This change aligns with No Child Left Behind and is also aligned with configuration of Delaware elementary schools. It will also be renamed Standard Certificate Elementary Teacher (Grades K-6) to be more reflective of its subject. Notice of the proposed amendment of the regulation was published in the News Journal and the Delaware State News on March 29, 2004, in the form hereto attached as Exhibit “A”. The notice invited written comments. Comment was received from the University of Delaware regarding maintaining a K-4 certificate for a particular group of students. This issue will be resolved without changing the proposed regulation. II. Findings Of Facts The Professional Standards Board and the State Board of Education find that it is appropriate to amend this regulation to comply with changes in statute regarding the licensure 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 §1556 in the Administrative Code of Regulations for 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 6TH DAY of MAY, 2004 Harold Roberts, ChairLeslie Holden Sharon BrittinghamCarla Lawson Heath ChasanovMary Mirabeau Patricia ClementsJohn Pallace Edward CzerwinskiKaren Schilling Ross Karen GordonCarol Vukelich Barbara GroggGeraldine A. Williams Bruce Harter FOR IMPLEMENTATION BY THE DEPARTMENT OF EDUCATION: Valerie A. Woodruff, Secretary of Education IT IS SO ORDERED This 20th Day Of March, 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 1556 Standard Certificate Primary Elementary Teacher (Grades K- 4 6) 1.0Content 1.1This regulation shall apply to the requirements for a Sstandard Ccertificate, pursuant to 14 Del.C. '1220(a), for Primary Elementary Teacher (Grades K B4 6). 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. “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 Sstandard Ccertificate as an primaryEelementary Tteacher 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: 3.1Degree Requirement 3.1.1Bachelor's degree from a regionally accredited college or university in any field and 45 semester hours of general content courses. These courses may be part of the Bachelor's degree, but if not, then the courses shall be taken in addition to the degree. 3.1.1.1Nine semester hours of English including an upper level composition course and a literature course 3.1.1.2Twelve semester hours of science including one course each in Life/Environmental, Earth/Space and Physical Sciences 3.1.1.3Nine semester hours of social sciences including World History, American History and Geography. 3.1.1.4Nine semester hours of Mathematics 3.1.1.5Six semester hours of Fine Arts; orand, 3.1.2A total of 45 semester hours of course work, which may be taken as part of a bachelor’s degree, but, if not, then the courses shall be taken in addition to the degree, to include the following courses as specified. 2.1.1.1Child Development 2.1.1.2Identifying and Teaching Exceptionalities 2.1.1.3Effective Teaching Strategies 2.1.1.4Curriculum and methods (21 semester hours to include 3 semester hours in each of the following areas: science, social studies, and mathematics); 2.1.1.5Literacy reading/language arts, including children’s literature (12 semester hours); 2.1.1.6Exploring Contemporary Cultural and Social Issues; [3.1.2 3.1.1.6] Courses which reflect accomplishment of the NCATE specialty organization standards for elementary teacher education to develop pedagogical content knowledge and professional and pedagogical skills 3.1.23 3.1.2]A Bachelor's degree in elementary education from an NCATE specialty organization or state approved program, where the state employed the appropriate NASDTEC or NCATE specialty organization standards for elementary teacher education, from a regionally accredited college or university. in the field of Education and, 3.2Professional Education 3.2.1An approved program in Primary Education or, 3.2.2 An approved program in Elementary Education to include 18 semester hours of coursework or the equivalent thereof in each of the following areas, as specified: 3.2.2.1Children's Growth, Development, and Learning (6 semester hours); 3.2.2.2Parent, Family Community Interactions (3 semester hours); 3.2.2.3Early Childhood Curriculum Development, Content, and Implementation - (6 semester hours); 3.2.2.4Professional Issues in Early Childhood Education (3 semester hours) or, 3.2.3An approved program in Early Childhood Education, Birth through age 8, to include an additional 15 semester hours of coursework as indicated: 3.2.3.1Nine semester hours in curriculum and methods in the following areas: Science, Social Studies and Mathematics. 3.2.3.2Six semester hours in Literacy including reading, writing, and children's literature. 3.2.3.2 All coursework indicated in 3.2.3.1 and 3.2.3.2 shall focus on: integrated curriculum approaches, use of technology as an instructional tool, appropriate assessment strategies for the young child, culturally responsive curriculum and instruction, principles of developing and organizing curriculum for classroom organization and management techniques for children in K-4 or, 3.2.4An approved program in Middle Level Education and, an additional 15 semester hours of coursework related to K-4, to include 3 semester hours in each of the following areas: 3.2.4.1Children's Growth, Development, and Learning 3.2.4.2Parent, Family Community 3.2.4.3Early Childhood Curriculum Development, Content, and Implementation - (6 semester hours); 3.2.4.4Professional Issues in Early Childhood Education or, 3.2.5A minimum of 60 semester hours of coursework to include a total of 45 semester hours of specific courses to be taken in addition to requirements stated in 3.1.1 and to include the following courses as specified: 3.2.5.1A total of 45 semester hours of specific courses to be taken in addition to requirements stated in 1.1.1 and to include the following courses as specified: 3.2.5.1.1Child Development (3 semester hours); 3.2.5.1.2Identifying and Teaching Exceptionalities (3 semester hours); 3.2.5.1.3Effective Teaching Strategies (3 semester hours); 3.2.5.1.4Curriculum and Methods (21 semester hours) to include: 3 semester hours in each of the following areas: science, social studies, math and 12 semester hours of literacy reading/language arts, including 3 hours of children's literature); 3.2.5.1.5Exploring Contemporary Cultural and Social Issues (3 semester hours); 3.2.5.2An additional 15 semester hours of coursework related to K-4 6, to include 3 semester hours in each of the following areas: Children's Growth, Development, and Learning, Parent, Family Community Interactions, Early Childhood Curriculum Development, Content, and Implementation, Professional Issues in Early Childhood Education and an elective related to the above areas or any area that deals with teaching K-4 students. 4.0This regulation shall be effective through June 30, 2006 only. Applicants who apply for a Standard Certificate as a primary an Elementary Teacher after that date must comply with the requirements set forth in 14 DE Admin. Code1516. Regulatory Implementing Order Regulation 1557 Standard Certificate – Middle Level Teacher 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 §1557 Standard Certificate – Middle Level Teacher. This regulation applies to the requirements for a Standard Certificate for a Middle Level Teacher as established by 14 Del. C. §1220(a). The amendment to this regulation is necessary to change the grade span of the certificate from 4 - 6 to 6 - 8. This change aligns with No Child Left Behind and is also aligned with configuration of Delaware elementary schools. Notice of the proposed amendment of the regulation was published in the News Journal and the Delaware State News on March 29, 2004, in the form hereto attached as Exhibit “A”. The notice invited written comments. No comments were received. II. Findings Of Facts The Professional Standards Board and the State Board of Education find that it is appropriate to amend this regulation to comply with changes in statute regarding the licensure 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 §1557 in the Administrative Code of Regulations for 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 6TH DAY of MAY, 2004 Harold Roberts, ChairLeslie Holden Sharon BrittinghamCarla Lawson Heath ChasanovMary Mirabeau Patricia ClementsJohn Pallace Edward CzerwinskiKaren Schilling Ross Karen GordonCarol Vukelich Barbara GroggGeraldine A. Williams Bruce Harter FOR IMPLEMENTATION BY THE DEPARTMENT OF EDUCATION: Valerie A. Woodruff, Secretary of Education IT IS SO ORDERED This 20th Day Of March, 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 1557 Standard Certificate Middle Level Teacher (Grades 5 6 - 8) 1.0Content 1.1This regulation shall apply to the requirements for a Sstandard Ccertificate, pursuant to 14 Del.C. '1220(a), for Middle Level Teacher (Grades 5 6-8), except for mathematics and science in grades 7-8 (See 14 DE Admin. Code '' 1541 and 1542. 2.0Definitions 2.1The 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. “Major or its Equivalent” means a minimum of thirty (30) credits in the content area to be taught. “License” means a credential which authorizes the holder to engage in the practice for which the license is issued. “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 Sstandard Ccertificate as a Mmiddle Llevel Tteacher 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: 3.1Degree Requirement 3.1.1Bachelor's degree from a regionally accredited college or university with a major or its equivalent in any the field content area to be taught; and and 45 semester hours of general content courses. These courses may be part of the Bachelor's degree, but if not, then the courses shall be taken in addition to the degree. 3.1.1.1Nine semester hours of English including an upper level course and a literature course 3.1.1.2Twelve semester hours of science including one course each in Life/Environmental, Earth/Space and Physical 3.1.1.3Nine semester hours of Social Sciences including World History, American History and Geography. 3.1.1.4Nine semester hours of Mathematics 3.1.1.5Six semester hours Fine Arts; or 3.1.1.1Appropriate pedagogical content courses consistent with the NASDTEC or NCATE specialty organization standards for middle school or the content specialization to be taught [;or] 3.1.2Bachelor's degree from a regionally accredited college or university in the field of an NCATE specialty organization or state approved program, where the state employed the appropriate NASDTEC or NCATE specialty organization standards in Elementary or Middle School Education. 3.2Professional Education 3.2.1An approved program, in Middle Level Education or, 3.2.2An approved program, or a Standard License in Elementary Education and an additional 15 semester hours of coursework or the equivalent thereof, including instruction in: Adolescent Development and Behavior, Curriculum and Instruction Strategies for Middle Grades, Classroom Management Techniques, Student Advising, Mentoring and Counseling Techniques and Reading in the Content Area, or, 3.2.3An approved program or Standard Certificate encompassing any segment of Birth through age eight and, 3.2.3.1An additional 15 semester hours of coursework to include courses in each of the following areas related to the adolescent child: Adolescent Development and Behavior, Curriculum and Instruction Strategies for Middle Grades, Classroom Management Techniques, Student Advising, Mentoring and Counseling Techniques, and Reading in the Content Area. And, an additional 15 semester hours of coursework as indicated: 3.2.3.2.1Nine semester hours in Curriculum and Methods in areas of Science, Social Studies and Mathematics. 3.2.3.2.2Six semester hours in Literacy including reading, writing, and children's literature. 3.2.3.2.3All coursework indicated above, shall include an instructional focus which includes the following: Integrated Curriculum Approaches, Use of Technology as an Instructional Tool, Appropriate Assessment Strategies for the Young Child, Culturally Responsive Curriculum and Instruction, Principles of Developing and Organizing Curriculum for Children and Classroom Organization and Techniques for Children or, 3.2.4An approved program or Standard certificate in Primary Education and an additional 15 semester hours of course work, to include each of the following areas related to the adolescent child: 3.2.4.1Adolescent Development and Behavior, Curriculum and Instruction Strategies for Middle Grades, Classroom Management Techniques, Student Advising, Mentoring and Counseling Techniques and Reading in the Content Area or, 3.2.5For the Middle Level Endorsement, an approved program or Standard License in Secondary Education and an additional 15 semester hours of coursework, to include each of the following areas related to the adolescent child: 3.2.5.1Adolescent Development and Behavior, Curriculum and Instruction Strategies for Middle Grades, Classroom Management Techniques, Student Advising, Mentoring and Counseling Techniques, and Reading in the Content Area, or 3.2.6A minimum of 60 semester hours of coursework to include 45 semester hours of specific courses to be taken in addition to requirements stated in 3.1.1 and to include the following: 3.2.6.1Child Development (3 semester hours); 3.2.6.2Identifying and Teaching Exceptionalities (3 semester hours); 3.2.6.3Effective Teaching Strategies (3 semester hours); 3.2.6.4Curriculum and Methods (21 semester hours) to include: 3 semester hours in each area of Science, in Social Studies and in Mathematics and 12 semester hours of Literacy (reading/language arts, including 3 semester hours of children's literature) 3.2.6.5Exploring Contemporary Cultural and Social Issues (3 semester hours); 3.2.6.6An additional 15 semester hours of course work in middle level education, to include 3 semester hours in each of the following areas related to the adolescent child: Adolescent Development and Behavior, Curriculum and Instruction Strategies for Middle Grades, Classroom Management Techniques, Student Advising, Mentoring and Counseling Techniques and Reading in the Content Area. 4.0This regulation shall be effective through June 30, 2006 only. Applicants who apply for a Sstandard Ccertificate as a middle level teacher after that date must comply with the requirements set forth in 14 DE Admin. Code 1516. Regulatory Implementing Order Regulation 341 Certification Trade And Industrial Teacher 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 §341 Certification Trade and Industrial (T & I) Teacher. This regulation applies to the requirements for a Standard Certificate for a Trade and Industrial Teacher as established by 14 Del. C. §1220(a). The amendment to this regulation is necessary to comply with changes in statute regarding licensure and certification of educators. The regulation seeks to define “two years of college or technical training” and to clarify the requirements for course work by trade and industrial teachers. The amended regulation will be renumbered 1559 to denote its movement to the Professional Standards Board section of the Administrative Code of Regulations for the Department of Education. Notice of the proposed amendment of the regulation was published in the News Journal and the Delaware State News on March 29, 2004, in the form hereto attached as Exhibit “A”. The notice invited written comments. No comments were received. II. Findings Of Facts The Professional Standards Board and the State Board of Education find that it is appropriate to amend this regulation to comply with changes in statute regarding the licensure 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 §1559 in the Administrative Code of Regulations for 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 6TH DAY of MAY, 2004 Harold Roberts, ChairLeslie Holden Sharon BrittinghamCarla Lawson Heath ChasanovMary Mirabeau Patricia ClementsJohn Pallace Edward CzerwinskiKaren Schilling Ross Karen GordonCarol Vukelich Barbara GroggGeraldine A. Williams Bruce Harter FOR IMPLEMENTATION BY THE DEPARTMENT OF EDUCATION: Valerie A. Woodruff, Secretary of Education IT IS SO ORDERED This 20th Day Of March, 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 [1559] 341 Standard Certificateion Trade and Industrial Education (T & I) Teacher Effective July 1, 1993 1.0The following shall be required for the Standard License for grades 9-12 and is valid for grades 7-8 for the specific trade area only. 1.0Content 1.1 This regulation shall apply to the requirements for a Standard Certificate, pursuant to 14 Del.C. §1220(a), for Trade and Industrial Education Teacher. 2.0Definitions The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: “Current Trade Experience” means successful, full-time employment within the last ten years in an occupation directly related to the specific occupational area to be taught. “Department” means the Delaware Department of Education. “Department Approved” means approved by the Department of Education in consultation with DOE’s supervisor for Trade and Industrial Education. “License” means a credential which authorizes the holder to engage in the practice for which the license is issued. “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. “Two Years of College or Technical Training” means a minimum of a high school diploma or its recognized equivalent and the satisfactory completion of the requirements for any one, or an appropriate combination, of the following options in the occupational area to be taught equaling (1) an associate’s degree with a major in the specific occupational area to be taught; (2) two years of college majoring in the specific occupational area to be taught with at least 50% of the major courses required for a bachelor’s degree satisfactorily completed; (3) a state-issued certificate indicating completion of apprenticeship hours and apprentice-related training (e.g. journey papers); (4) four years of sequential Delaware Trade Extension courses; (5) four years of National Center for Construction Education and Research’s Contren documented training; (6) nine high school credits of career and technical high school training; (7) passage of the State of Delaware Licensing Test, offered through the Division of Professional Regulation; (8) 576 hours of military training; (9) 576 hours postsecondary trade school training; (10) completing the written and performance teacher tests for the National Occupational Competency Testing Institute at or above the minimum score set by the Department; (11) industry-recognized certification of technical competence and/or journeyperson status, or (12) DOE approved equivalents. 3.0In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as a Trade and Industrial Education Teacher (required for grades 9-12, and valid in grades 7-8 in a middle level school) 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: 1.1General Education 1.1.1Bachelor’s degree from an accredited college or, 1.1.2A high school diploma and 15 semester hours of general preparation from an accredited college in the areas of Science, mathematics, Social Studies, English/Communications, and Computer Literacy and, 3.1 1.2Professional Education Bachelor’s degree in vocational education in the specific field of endorsement or, A minimum of 51 semester hours as follows: 3.1.1 1.1.1Bachelor’s degree from an regionally accredited college or university in the occupational area to be taught or and two (2) years of current trade experience in the area to be taught, and 1.2.2.1 Required 24 semester hours from the following: Educational Psychology or Human Development, analysis Techniques and Course Construction, Methods of Teaching Vocational Education, Vocational Safety (as appropriate to the occupation being taught), Identifying/Treating Exceptionalities, Effective Teaching Strategies, Multicultural Education, Student Testing and Evaluation and, 3.1.1.1Required Courses: 24 semester hoursof course work, taken either as part of a degree program or in addition to it, from the following: 3.1.1.1.1Educational Psychology or Human Development; 3.1.1.1.2Career/Technical Education Assessment and Course Construction; 3.1.1.1.3Methods of Teaching Career/Technical Education I or Materials and Approaches to Career/Technical Education I; 3.1.1.1.4 Methods of Teaching Career/Technical Education II or Materials and Approaches to Career/Technical Education II; 3.1.1.1.5Introduction to/Education of Exceptional Children; 3.1.1.1.6Behavior management or Classroom Management; 3.1.1.1.7Instructional Technology; and 3.1.1.1.8Multicultural Education or Diversity in the Classroom; and 3.1.1.2 1.2.2.2Required Electives -- 27 12semester hours of college-level and prior approved in-service course work, taken either as part of a degree program or in addition to it, or the equivalent of 12 semester hours of documented industry/skills training, or a combination thereof, taken /skills documentation determined by the local district superintendent and/or the appropriate Department of Education staff to assist the teacher in maintaining current craftsmanship and teaching skills in the vocational area covered by the license that includes: Vocational Guidance, Shop Organization and Management, History and Philosophy of Vocational Education, Student Organizations, Special Education, Behavior or Classroom Management, Development of Vocational Teaching Aids, Trade Competency Exam in Area, Appropriate Trade School Courses, Appropriate Manufacturer’s Service School Courses and, 3.1.1.2.1Student Organizations in the Curriculum; 3.1.1.2.2History and Regulations of Career/Technical Education; 3.1.1.2.3Student Testing/Evaluation; 3.1.1.2.4Education of Exceptional Children (at a level above any previous course work) 3.1.1.2.5Career/Technical Guidance; 3.1.1.2.6DOE-approved apprenticeship, military, or trade school/extension courses appropriate to the area taught or National Occupational Competency Testing (NOCTI) Written and Performance Tests or DOE-approved industry certification; 3.1.1.2.7National Center for Construction Education and Research (NCCER) Instructor Certification course or DOE-approved Instructor’sCertification course(s); 3.1.1.2.8DOE-approved test-based Professional Municipal License; 3.1.1.2.9DOE-approved test-based Professional Municipal License Preparation course; or 3.1.1.2.10College courses in the occupational area to be taught; or 3.1.2Associate’s degree from a regionally accredited college or university in the occupational area to be taught and four (4) years of current trade experience in the area to be taught; and 3.1.2.1Required Courses: 24 semester hours of course work, taken either as part of a degree program or in addition to it, from the following: 3.1.2.1.1Educational Psychology or Human Development; 3.1.2.1.2Career/Technical Education Assessment and Course Construction; 3.1.2.1.3Methods of Teaching Career/Technical Education I or Materials and Approaches to Career/Technical Education I; 3.1.2.1.4 Methods of Teaching Career/Technical Education II or Materials and Approaches to Career/Technical Education II; 3.1.2.1.5Introduction to/Education of Exceptional Children; 3.1.2.1.6Behavior Management or Classroom; 3.1.2.1.7nstructional Technology; and 3.1.2.1.8Multicultural Education or Diversity in the Classroom; and 3.1.2.2Required Electives – 12 semester hours of college-level course work, taken either as part of a degree program or in addition to it, or the equivalent of 12 semester hours of documented industry/skills training, or a combination thereof, taken to assist the teacher in maintaining current craftsmanship and teaching skills in the career/technical area covered by the certificate that include: 3.1.2.2.1Student Organizations in the Curriculum; 3.1.2.2.2History and Regulations of Career/Technical Education; 3.1.2.2.3Student Testing/Evaluation; 3.1.2.2.4Education of Exceptional Children (at a level above any previous course work) 3.1.2.2.5Career/Technical Guidance; 3.1.2.2.6DOE-approved apprenticeship, military, or trade school/extension courses appropriate to the area taught or National Occupational Competency Testing (NOCTI) Written and Performance Tests or DOE-approved industry certification; 3.1.2.2.7National Center for Construction Education and Research (NCCER) Instructor Certification course or DOE-approved Instructor’sCertification course(s); 3.1.2.2.8DOE-approved test-based Professional Municipal License; 3.1.2.2.9DOE-approved test-based Professional Municipal License Preparation course; or 3.1.2.2.10College courses in the occupational area to be taught; or 3.1.3Two (2) years of college or technical training, plus 6 years of current trade experience in the area to be taught; and 3.1.3.1Completion of a DOE-approved Trade and Industrial teacher education associate’s and/or bachelor’s degree program; or 3.1.3.2 1.2.2.1Required Courses 24 semester hours of course work from the following: Educational Psychology or Human Development, Analysis Techniques and Course Construction, Methods of Teaching Vocational Education, Vocational Safety (as appropriate to the occupation being taught), Identifying/Treating Exceptionalities, Effective Teaching Strategies, Multicultural Education, Student Testing and Evaluation and 3.1.3.2.1Educational Psychology or Human Development; 3.1.3.2.2Career/Technical Education Assessment and Course Construction; 3.1.3.2.3Methods of Teaching Career/Technical Education I or Materials and Approaches to Career/Technical Education I; 3.1.3.2.4Methods of Teaching Career/Technical Education II or Materials and Approaches to Career/Technical Education II; 3.1.3.2.5 Introduction to/Education of Exceptional Children; 3.1.3.2.6Behavior Management or Classroom Management; 3.1.3.2.7Instructional Technology; and 3.1.3.2.8Multicultural Education or Diversity in the Classroom; and 3.1.3.3 1.2.2.2Required Electives -- 27 12semester hours of college-level and prior approved in-service course work and/or industry training/skills documentation determined by the local district superintendent and/or the appropriate Department of Education staff to assist the teacher in maintaining current craftsmanship and teaching skills in the vocational area covered by the license that includes: Vocational Guidance, Shop Organization and Management, History and Philosophy of Vocational Education, Student Organizations, Special Education, Behavior or Classroom Management, Development of Vocational Teaching Aids, Trade Competency Exam in Area, Appropriate Trade School Courses, Appropriate Manufacturer’s Service School Courses and, 3.1.3.3.1Career/Technical Student Organizations in the Curriculum; 3.1.3.3.2History and Regulations of Career/Technical Education; 3.1.3.3.3Student Testing/Evaluation; 3.1.3.3.4Education of Exceptional Children (at a level above any previous course work); 3.1.3.3.5Career/Technical Guidance; 3.1.3.3.6DOE-approved apprenticeship, military, or trade school/extension courses appropriate to the area taught or National Occupational Competency Testing (NOCTI) Written and Performance Tests or DOE-approved industry certification; 3.1.3.3.7National Center for Construction Education and Research (NCCER) Instructor Certification course or DOE-approved Instructor’s Certification course(s); 3.1.3.3.8DOE-approved test-based Professional Municipal License; 3.1.3.3.9DOE-approved test-based Professional Municipal License Preparation course; or 3.1.3.3.10College courses in the occupational area to be taught; and 3.1.3.4Required General Education – 15 semester hours of general preparation from a regionally accredited college or university, with at least one course in each of the following area: 3.1.3.4.1Science; 3.1.3.4.2Mathematics; 3.1.3.4.3Social Studies; 3.1.3.4.4English/Communications; and 3.1.3.4.5Computer Literacy. 3.2 1.3Skilled Trade Experience 3.2.1A minimum of six years of successful, full-time work/training experience, at least two years of which must have been within the last ten years, at an apprenticeship level, or two years beyond the learning period* in the trade or industrial occupation to be taught. and, Full-time teaching or direct supervision in the trade or industrial occupation qualifies as current work experience, provided the applicant has at least six (6) years of successful, full-time prior work/training experience. 3.3 1.4Professions and Occupations License. 3.3.1In teaching trade or industrial occupations areas where a state license or registration is required by law, the all applicants, except applicants for electrician’s or plumber’s trade and industrial certification must present thea valid and current Delaware license or registration upon application for a standard license certificate. Applicants for an electrician’s or a plumber’s trade and industrial certification must present a valid and current Delaware license as part of completing certification requirements. The state license or registration must be renewed as required by law. 1.4.1A Trade Competency Examination may be required by the Delaware State Department of Education for applicants whose work experience is not properly verified or whose experience appears to be outdated 1.4.2* “Learning period” is defined as one of the following: Registered apprentice program State licensure program; i.e. Registered Nurse, LPN, Cosmetology, Barbering Approved high school vocational program, plus an associate’s degree in an appropriate vocational area Satisfactory completion of an appropriate Trade Competency Examination (as approved by the Department of Education A Bachelor’s degree in an appropriate vocational field (related to the occupational field to be taught). 2.0Licenses that may be issued for this position include Standard, Standard Endorsement and Limited Standard. 2.1The Limited Standard license may be issued upon request of a Delaware public school district for a teacher employed for this position who meets the standards set forth in 2.3 or regulation 301 General Regulations for Certification of Professional Public School Personnel. Regulatory Implementing Order 382 Certification School Social Work Services 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 §382 Certification School Social Work Services. This regulation applies to the requirements for a Standard Certificate for a School Social Worker, as established by 14 Del.C. §1220(a). The amendment to this regulation is necessary to comply with changes in statute regarding the licensure and certification of educators. The amended regulation deletes a section which permits non-degreed social workers to practice, as they would be ineligible for an Initial or Continuing License. It also deletes job responsibilities for social workers, as this is a responsibility of the employing authority, not the Office of Professional Accountability. The amended regulation will be renumbered 1582 and renamed Standard Certificate – School Social Worker to reflect its movement to the Professional Standards Board portion of the Administrative Code of Regulations for the Department of Education. Notice of the proposed amendment of the regulation was published in the News Journal and the Delaware State News on March 29, 2004, in the form hereto attached as Exhibit “A”. The notice invited written comments. Comments were received from the State Council for Persons with Disabilities supporting the changes in requirements, but questioning the need for an internship. The comments were considered, but it was decided to maintain the internship as an important aspect of school social workers’ preparation. II. Findings Of Facts The Professional Standards Board and the State Board of Education find that it is appropriate to amend this regulation to comply with changes in statute regarding the licensure 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 §1582 in the Administrative Code of Regulations for 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 6TH DAY of MAY, 2004 Harold Roberts, ChairLeslie Holden Sharon BrittinghamCarla Lawson Heath ChasanovMary Mirabeau Patricia ClementsJohn Pallace Edward CzerwinskiKaren Schilling Ross Karen GordonCarol Vukelich Barbara GroggGeraldine A. Williams Bruce Harter FOR IMPLEMENTATION BY THE DEPARTMENT OF EDUCATION: Valerie A. Woodruff, Secretary of Education IT IS SO ORDERED This 18th Day Of March, 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 1582 382 Standard Certificateion School Social Worker Services Effective July 1, 1994 1.0Content. 1.1This regulation shall apply to the issuance of a Standard Certificate, pursuant to 14 Del.C. §1220(a), for School Social Worker. 2.0Definitions. 2.1 The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: “Certification” means the issuance of a certificate, which may occur regardless of a recipient’s assignment or employment status. “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. “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 School Social Worker 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. 1.0The following shall be required for the Standard License for individuals with this assigned responsibility (as described in the attachment) within the public school setting, K-12, whether assigned to a specific building(s) or at large. 1.1Licensed School Social Worker (LSW) 1.1.1Master's degree in Social Work from a regionally accredited college and, 1.1.2Two years experience as a social worker and, 1.1.3State of Delaware license as a Licensed Clinical Social Worker (LCSW) and 1.1.4One year of supervised experience in a school setting, or a one-year internship of 1000 hours approved by the Department of Education and supervised by an appropriate school designee. 3.1 1.2Master's Degree School Social Worker (MSW) 3.1.11.2.1Master's degree in Social Work (MSW) from a regionally accredited college or universityand, 3.1.21.2.2Two years successful full-time workexperience as a social worker, and 3.1.3one year of supervised experience in a school setting, or a one-year internship of 1000 hours approved by the Department of Education and supervised by an appropriate school designee. 1.3Bachelor's Degree School Social Worker (BSW) 1.3.1Bachelor's degree in Social Work (BSW) a closely related field and, 1.3.2Two years experience in social work if Bachelor's degree is in social work or, 1.3.3Five years experience in social work if degree is in a related field and, 1.3.4One year of supervised experience in a school setting, or a one-year internship of 1000 hours approved by the Department of Education and supervised by an appropriate school designee. 1.4Specialist 1.4.1High school diploma and five years experience in the field of family services facilitation. 2.0Licenses that may be issued for this position include Standard and Limited Standard. 2.1The following shall be required for the Limited Standard License 2.1.1Meeting all requirements in 1.1.1, 1.1.2, 1.1.3 or 2.1.1 and 2.1.2 or 3.0Job Responsibilities for Licensed School Social Worker (LSW) 3.1Services to pupils and parents that include crisis intervention, conflict resolution strategies, case management, case history, administering workload, clinical assessment and treatment, individual, family, and/or group counseling, family therapy, development of treatment plans and analyzing /assessing progress related to plan. 3.2Services to school personnel that include consultation with school professionals, developing and evaluating program success and supervision of interns. 3.3Services to the school community that include training, student advocacy, education team participation and third party payments. 3.4Qualifications that include a Masters Degree in School Social Work (MSW), 2 years experience as a practicing social worker, a State of Delaware license as a Licensed Clinical Social Worker (LCSW) and one year approved by the Department of Education. 4.0Job Responsibilities for a Master's Degree School Social Worker (MSW) 4.1Services to pupils and parents that include crisis intervention, conflict resolution strategies, case management, case history, administering workload, clinical assessment and treatment, individual, family, and/or group counseling, family therapy, development of treatment plans and analyzing /assessing progress related to plan. 4.2Services to school personnel that include consultation with school professionals, developing and evaluating program (success) and supervision of interns. 4.3Services to the school community that include training, student advocacy and education team participation. 4.4Qualifications that include a Masters Degree in School Social Work (MSW), 2 years experience as a practicing social worker, internship in a school setting or one year approved by the Department of Education. 5.0Job Responsibilities for Bachelor's Degree School Social Worker (BSW) 5.1Services to pupils and parents that include first event/initial screening, referrals/coordination of services, special programs (student training) and referral to appropriate resources for service delivery when such training is out of the scope of personal expertise 5.2Services to school personnel that include training of local school personnel related to role and function served. 5.3Services to school community that include liaison to the school/community, support groups and general needs assessment. 5.4Qualifications that include Bachelor's Degree in School Social Work (BSW) or a related area, 2 years experience in social work if degree is a BSW, 5 years experience in social work if the degree is in a related field and an Internship of 1000 hours approved by the Department of Education. 6.0Job Responsibilities for Specialist 6.1Services to pupils and parents that include advocating for children and families, interviewing, preliminary information gathering, scheduling appointments, parent training (minimum skills), transportation, and telephone calls. 6.2Services to school personnel that includes training of local school personnel. 6.3Services to the school community that includes specific needs assessment related to food, clothing and other basic needs 6.4Qualifications that include a high school diploma and five years of experience in family services facilitation. DEPARTMENT OF HEALTH & SOCIAL SERVICESDIVISION OF PUBLIC HEALTHStatutory Authority: 16 Delaware Code, Chapter 26A, Section 2631 (16 Del.C. §2631) ORDER Nature Of The Proceedings: Delaware Health and Social Services (“DHSS”) initiated proceedings to adopt State of Delaware Hearing Aid Loan Bank Program Regulations. The DHSS proceedings to adopt regulations were initiated pursuant to 29 Delaware Code Chapter 101 and authority as prescribed by 16 Delaware Code, Chapter 26A, Section 2631. On March 1, 2004 (Volume 7, Issue 9), DHSS published in the Delaware Register of Regulations its notice of proposed regulations, pursuant to 29 Delaware Code Section 10115. It requested that written materials and suggestions from the public concerning the proposed regulations be delivered to DHSS by March 31, 2004, or be presented at a public hearing on March 24, 2004, after which time DHSS would review information, factual evidence and public comment to the said proposed regulations. Verbal and written comments were received during the public comment period and evaluated. The results of that evaluation are summarized in the accompanying “Summary of Evidence.” Findings Of Fact: The Department finds that the proposed regulations, as set forth in the attached copy should be adopted in the best interest of the general public of the State of Delaware. The proposed regulations include minor modifications from those published in the March 1, 2004, Register of Regulations, based on comments received during the public comment period. These modifications are deemed not to be substantive in nature. THEREFORE, IT IS ORDERED, that the proposed State of Delaware Hearing Aid Loan Bank Program Regulations are adopted and shall become effective June 10, 2004, after publication of the final regulation in the Delaware Register of Regulations. Vincent P. Meconi, Secretary, 5/17/2004 Summary Of Evidence A public hearing was held on March 24, 2004 at 9:30 a.m. in the Third Floor Conference Room of the Jesse Cooper Building located on Federal and Water Streets, Dover, Delaware before David P. Walton, Hearing Officer. The purpose of the hearing was to discuss the proposed amendments to the Department of Health and Social Services (DHSS) Hearing Aid Loan Bank Program Regulations. Announcements regarding the public hearing were published in the Delaware State News, the News Journal and the Delaware Register of Regulations in accordance with Delaware Law. JoAnn Baker from Community Health Care Access (CHCA) Section of the Division of Public Health (DPH) made the agency’s presentation. Attendees were allowed and encouraged to discuss and ask questions regarding the proposed regulations. Two individuals gave testimony at the hearing and three letters were received commenting on the proposed Regulations. All comments were received during the public comment period (March 1 through March 31, 2004). Organizations that commented included: •Delaware Developmental Disabilities Council •State Council for Persons with Disabilities •Governor’s Advisory Council for Exceptional Citi­zens •Delaware Infant Hearing Assessment and Interven­tion Program •Delaware State School for the Deaf All public comments and the DHSS (Agency) responses are as follows: Section 3.1.4: This section requires a parent with private insurance to obtain an actual denial letter. This requirement could cause an unnecessary delay and is overly restrictive considering a parent could produce a benefits package description excluding hearing aid coverage, which should be acceptable. Additionally, an audiologist may have sought preauthorization which was rejected by phone without issuance of a formal letter. It is recommended that the requirement to produce a denial letter be deleted from this section. By deleting this phrase, this section will also be co-terminus with Section 3.3.1. Agency Response: Although Section 3.1.4 of the Regulation requires an insurance company denial letter, the lack of such a denial letter upon application for a hearing aid will not in an of itself delay the loaning of a hearing aid to an eligible child in need. Section 3.2.4: This section requires the donee to, “be responsible for any damage to or loss of the hearing aid”. As the parent of a child with an orthodontic retainer will attest, kids can be expected to misplace or lose valuable items. To expect a 1-2 year old toddler to display adult prudence and care of a hearing aid defies reality. The section essentially makes the donee an “insurer” of the device, responsible for damage or loss regardless of the exercise of care by the parent/donee. Since only parents without the ability to pay for a hearing aid are eligible for the program, it is doubtful that the parent or guardian will have the ability to repay for a lost or damaged hearing aid. Recommend this provision either be deleted or amended to read, “ . . . be responsible for any damage to or loss of the hearing aid, apart from normal wear and tear, due to the intentional or gross negligence of the parent or guardian . . .”. Agency Response: Based on this comment and after careful review of Section 3.2.4, the Agency amended this section as recommended by this comment. Additionally, as part of this program the Agency will consider insurance coverage for the hearing aids. Section 3.3.3: This section of the Regulation creates an additional “hurdle” for a parent seeking an extension of the 6 month initial loan by requiring “proof of making reasonable efforts to obtain immediate access to another hearing aid, such as pursuing insurance coverage for hearing aids or pursuing alternate financial assistance to cover the hearing aid.” If a parent does not have Medicaid, CHIP, or private insurance coverage and is poor, that should suffice. The State should not require the parent to prove exhaustion of charitable institutions (Church; Lion’s Club; Delaware PVA; Needy Family Fund) or bank loans. Recommend deletion of this provision. Agency Response: The requirement that the parent or guardian is making reasonable efforts to obtain access to another hearing aid is established in law [16 Del.C., Chapter 26A, Section 2630(b)(3)]. It is not the intention of the Agency to create an additional hurdle or require the parent or guardian to exhaust all charitable organizations for donations. The Hearing Aid Loan Bank Program is a temporary loaner program and as such the Program Manager will actively assist parents and guardians with their search to obtain a permanent hearing aid. The age of eligibility needs to be clarified. Some regulations contemplate eligibility for children “under the age of (3) years”[Section 2.0 “Eligible Child” Definition; Section 3.1]. We read this as meaning up to the child’s third birthday, i.e., “under” age 3. However, Section 3.3.4 permits up to 2 extensions “during the third year of life” suggesting potential loan periods up to the fourth birthday. If that is the intent, it is recommended that the Agency amend the definition of “Eligible Child” in Section 2.0 to read: “Eligible Child” means a child who is a resident of the State, identified by a licensed audiologist as having a hearing impairment, has no immediate access to a hearing aid, and is either under the age of three (3) years or qualifies for an extension up to age four (4) consistent with Section 3.3.4. Agency Response: An “Eligible child” is defined in 16 Del.C., Section 2627(c)(4) as under the age of 3 years. The Agency does not have the authority to go beyond that definition when determining initial eligibility. However, the law does provide the Agency with some latitude when it comes to extending the original loan period [16 Del.C.,Section 2630(b)]. In Section 3.1.4 of the Regulation, the Agency is not suggesting loan period extensions up to age 4, it is merely placing a reasonable limit on hearing aid loan extensions. Section 4.0: What is the purpose of including this section in these Regulations? If this is a supplement to Section 3.2.4, a parent whose child lost a hearing aid would ostensibly be compelled to both pay for the hearing aid and pay a fine of up to $1,000.00. In combination, this certainly has an “in terrorem” effect which should deter any logical person from using this program. Agency Response: The Agency has a responsibility to be a good steward of taxpayer’s money and as such must clearly specify consequences to those who choose to disregard rules established for the benefit of those in need. Section 4.0 of the Regulation is not supplement to Section 3.2.4 or meant to have an “in terrorem” effect as suggested in this comment. Additionally, Section 3.2.4 of the Regulations has been amended to only make the parent or guardian responsible for damage or loss of the hearing aid due to the intentional or gross negligence of the parent or guardian. Section 3.2.4: Rather than making the parent or guardian responsible for damage or loss of the hearing aid (total cost), recommend the Division of Public Health carry additional loss and damage insurance on the hearing aid and make the parent or guardian responsible for the deductible for that insurance. The deductible would be less costly and more reasonable than making the parent or guardian responsible for the cost of the hearing aid. Agency Response: The Agency amended Section 3.2.4 of the Regulation based on a previous comment, making the parent or guardian only responsible for damage or loss as a result of intentional or gross negligence of the parent or guardian. The Agency will consider additional insurance coverage as suggested in this comment. In addition to the comments listed above there was a general comment commending the Agency, legislators and all those involved for establishing such a program. The public comment period was open from March 1, 2004 to March 31, 2004. Verifying documents are attached to the Hearing Officer’s record. The regulation has been approved by the Delaware Attorney General’s office and the Cabinet Secretary of DHSS. 108 Hearing Aid Loan Bank Program Regulations 1.0Purpose 1.1The program is established for the purpose of lending hearing aids on a temporary basis to a parent or legal guardian of an eligible child to ensure that children under the age of three (3) years will have maximum auditory input during the critical period of language learning. 2.0Definitions 2.1The following words shall have the meanings indicated: "Director" means the Director or designee of the Division of Public Health, Department of Health and Social Services. "Division" means the Division of Public Health, Department of Health and Social Services. "Eligible Child" means a child who is a resident of the State, identified by a licensed audiologist as having a hearing impairment, has no immediate access to a hearing aid, and is under the age of three (3) years. "Licensed Audiologist" means an individual who is licensed to practice audiology under Chapter 37 of Title 24 of this Code. "Loan Bank" means hearing aid loan bank. “Loan Period” means time periods to include initial (up to six months) and extension for additional three month periods, with required documentation. "Program" means the Hearing Aid Loan Bank Program. "Program Manager" means the program manager of the Hearing Aid Loan Bank Program. 3.0Eligibility 3.1A child under three (3) years of age is eligible if confirmed through: 3.1.1A prescription from a licensed audiologist; 3.1.2Birth certificate or other documentation for proof of age; 3.1.3Address of residence to document Delaware residency; 3.1.4No immediate access to another hearing aid under Medicaid, the State children’s health program or private insurance, as per insurance denial letters; and 3.1.5Proof of the parent or legal guardian’s inability to pay for the hearing aid based on: 3.1.5.1Proof of family income by review of three of the most recent consecutive pay stubs for each parent or legal guardian, using the Federal Poverty Guidelines as the reference. If such pay stubs are not available, documents as approved by program manager must be submitted. 3.1.5.2Documentation of insurance coverage, and/or medical assistance status. 3.2A parent or legal guardian who borrows a hearing aid for an eligible child shall: 3.2.1be the custodian of the hearing aid; 3.2.2return the hearing aid immediately to the loan bank upon the expiration of the loan period or receipt of a suitable permanent hearing aid, whichever occurs first; 3.2.3be responsible for the proper care and use of the hearing aid; 3.2.4be responsible for any damage to or loss of the hearing aid[, apart from normal wear and tear, due to the intentional or gross negligence of the parent or guardian]; and 3.2.5sign a written agreement provided by the program manager that states the term and conditions of the loan. 3.3For a child to be eligible for one or more extensions of the initial six month loan period, a parent or the guardian of the child must show: 3.3.1That there is no immediate access to another hearing aid under Medicaid, the State children’s health program or private insurance; 3.3.2The child’s parent or legal guardian currently does not have the financial means to obtain immediate access to another hearing aid; and 3.3.3Proof of making reasonable efforts to obtain immediate access to another hearing aid, such as pursuing insurance coverage for hearing aids or pursuing alternate financial assistance to cover the hearing aid; and 3.3.4Has met initial eligibility criteria prior to age three; not to exceed two extensions during the third year of life. 4.0Penalty for Non-Compliance Under the Authority granted to the Department of Health and Social Services in 16 Del. C. Section 107, "whoever refuses, fails or neglects to perform the duties required under this chapter, or violates, neglects or fails to comply with the duly adopted regulations or orders of the Department of Health and Social Services, shall be fined not less than $100 and not more than $1,000, together with costs, unless otherwise provided by law." DEPARTMENT OF LABOROFFICE OF LABOR LAW ENFORCEMENTStatutory Authority: 19 Delaware Code, ORDER Nature Of The Proceedings 1.Pursuant to notice in accordance with 29 Del.C. § 10115, the Department of Labor proposed a regulation under the Wage Payment and Collection Act to consider whether payroll debit cards, as a form of wage payment is the functional equivalent of cash or a check pursuant to the Act. A copy of the proposed regulation is attached as Exhibit “A”. 2.A public hearing was held at 9:00 a.m. on Friday, January 23, 2004, at the Department of Labor Annex, 19 Lea Boulevard, Wilmington, Delaware, the time and place designated to receive written and oral comments. 3.A second public hearing scheduled for 9:00 a.m. on Monday, January 26, 2004, at the Department of Health & Social Services Office, 18 North Walnut Street, Milford, Delaware, was cancelled due to inclement weather conditions. A second public hearing was held at 9:00 a.m. on Tuesday, March 2, 2004, in the 2nd Floor Conference Room, at the Department of Labor Office Building, 24 N.W. Front Street, Milford, Delaware, the time and place designated to receive written and oral comments. 4.As designated by the Secretary of Labor, Harold E. Stafford, James G. Cagle, Jr., Director of the Division of Industrial Affairs, and Keri L. Williams, Administrator of the Office of Labor Law Enforcement, were present to receive testimony and evidence at the hearings. Summary of the Evidence 5.Those individuals testifying at the January 23, 2004 hearing in Wilmington, Delaware, and a summary of said testimony is as follows: 6.Mr. Peter Isberg, Director of Government Affairs for Automatic Data Processing, Inc. (ADP), provided general comments regarding ADP and the benefits and appropriateness of payroll debit cards for employees and the benefits to employers. He offered the following suggestions: In Section 3.0, there are several references to individual bank accounts. Mr. Isberg stated that the payroll debit card is not a bank account. Each card is not covered individually by FDIC insurance of up to $100,000. He suggested that where the term “bank account” appears, that the term payroll debit card should be used in its place. Mr. Isberg submitted a written copy of his comments which is made a part of the record. 7.Ms. Lisa Peerman, Vice-President and deputy chief counsel for Comdata Networking, offered the following suggestions: Ms. Peerman stated that, the payroll debit card option should not be limited to unbanked employees. Any reference to unbanked employees should be stricken from the proposed regulation. Ms. Peerman further stated that she agreed with the suggestion made by Mr. Isberg regarding replacing the term “individual bank account” with the term “payroll debit card.” 8.Ms. Carol Ford, Vice-President of Sales for Comdata Networking, offered general comments regarding the benefits of a payroll debit card system. Ms. Ford stated that, Comdata has 24-hour customer service access for customers, as do most providers. Further, Ms. Ford stated that employers today are at a disadvantage trying to find places for employees to cash checks. A payroll debit card system will alleviate these problems. 9.The individuals testifying at the March 2, 2004 hearing in Milford, Delaware, and a summary of said testimony is as follows: 10.Mr. Andrew McDevitt, Manager of Government Relations for the American Payroll Association offered the following comments and suggestions: Mr. McDevitt provided an introduction regarding the American Payroll Association. He proposed that the term “unbanked employee” be stricken from the proposed regulation. He stated that it is difficult to ascertain which employees have bank accounts and which do not. Further, there is no validation process to obtain this information and that the payroll debit card system option should not be limited to unbanked employees. Mr. McDevitt further commented on the usage of the term “individual bank account”. He stated that it is a misnomer to refer to payroll debit card accounts as bank accounts. It is dependant on how the employer sets up the program. It was recommended that the usage of the term “individual bank account” be replaced with the term “payroll debit card.” 12.There was no other testimony. Ms. Williams stated that the record would be held open until the end of the day Friday, March 5, 2004, in order to receive further written submissions. 13.Following the January 23, 2004, hearing, written submissions supporting the proposed regulation were received from: Richard G. Elliot, Jr., Esquire, on behalf of Comdata Networking. Robert F. Stewart, Jr., Esquire, Dilworth Paxson, LLP on behalf of the Employee Relations Committee of the Delaware State Chamber of Commerce. Karen E. Peterson, Delaware State Senator. These submissions have been made a part of the record. Findings of Fact and Conclusions of Law Recommendations were given to the Secretary of Labor following the public hearing process and consideration of all oral testimony and written documentation received. The Department of Labor’s findings regarding the issues raised at the hearings are as follows: 14.Generally, the public comments suggest that the references to individual bank accounts are inappropriate and a misnomer. The payroll debit card system does not provide individual bank accounts but rather provides an efficient and safe means for wage payment that comports with the law. Regulations that reference the term “individual bank accounts” in conjunction with a payroll debit card system is inappropriate. 15.Public comments further suggest that a payroll debit card system should not be limited to unbanked employees and that the use of such a term within the proposed regulation is confusing. Payroll debit card systems generally do not offer individual bank accounts for unbanked employees. Regulations that distinguish between banked and unbanked employees in conjunction with a payroll debit card system is inappropriate and confusing. 16.Lastly, the comments made by Mr. McDevitt, acknowledging that a payroll debit card system is dependant upon the employers’ choice of programs, succinctly states the Department of Labor’s interest in proposing a regulation that affords employers and employees the efficiency of a payroll debit card while emphasizing the employer’s responsibility to do so without offending the substantive rights of the Wage Payment and Collection Act. 17.The Department of Labor appreciates the comments received from the interested parties and emphasizes that the onus is on the employer to create a payroll debit card system which complies with all the substantive requirements under the Wage Payment and Collection Act at 19 Del.C. Ch. 11. The only purpose of this regulation is to recognize that a payroll debit card which is the substantial equivalent of cash or check payable on demand under the law, will not be actionable under the Wage Payment and Collection Act. 18.Based upon the oral testimony and written submissions from the hearing, the Department of Labor wishes to amend the proposed regulations under the Wage Payment and Collection Act. The Department will delete the definition of unbanked employee under section 1.0 and will delete section 3.0 in its entirety. Decision to Adopt It is the decision and order of the Department of Labor that the proposed regulation under the Wage Payment and Collection Act, a true and correct copy of which is attached hereto as Exhibit “B” is hereby ADOPTED AS AMENDED to become effective June 14, 2004. SO ORDERED, this 14th day of May, 2004. Harold E. Stafford, Secretary of Labor Wage Payment & Collection Act Payroll Debit Cards The Department of Labor finds payroll debit cards to be beneficial and acceptable as a form of wage payment under the Wage Payment and Collection Act. Under all circumstances, the use of payroll debit cards as a form of wage payment must comply with all conditions set forth in the Act including, but not limited to the following: a.Employers must inform new employees in writing, at the time of hire, when the employer will fulfill the exchange rate obligations (§1108 (1)); b.Employers must pay the employee within 7 days from the close of the pay period for the work performed (§1102 (b)); c.Employers must pay the employee no less than once a month on a day designated in advance by the employer (§1102 (a)); d.Employers must pay the employee in legal tender of cash, check payable on demand, or by credit to the employee’s bank account when requested in writing by the employee (§1102(a)); e.Employers must pay the full wages owed on the regular payday and account for lawful deductions specified under §1107 and related regulations; and f.Employers must provide a written record reciting the hours worked, hours paid, benefits accrued, lawful deductions, and any information for historical purposes effecting the wage arrangement for three years (§1108 (4) and (6)). 1.0Definitions 1.1ATM means the automatic teller machine activated by a magnetically encoded card and the transmission of a code which allows card holders to perform routine banking transactions including the withdrawal of cash. 1.2Cash means lawful money. 1.3Credit means the amount of money which is added to an employee’s bank account. 1.4Demand Deposit Account means funds that an employee or card holder may withdraw from a bank with no advance notice usually by writing a check or using an automatic teller machine. 1.5Direct Deposit means automatic deposit of wages or benefits into an employee’s bank account. 1.6Exchange Rate means the rate agreed upon by the employer and employee as compensation for the performance of work by the employee. 1.7Functional Equivalent means a change in the form of the payment of wages without impacting the substantive rights or value of the employee’s wages. For example, a debit card in lieu of cash, check, or credit must provide the full amount of wages without cost to the employee on the regular payday. 1.8Payroll Debit Card is a card that provides an employee with the appropriate means of obtaining all wages earned in a defined pay period in a form that is the equivalent of payment by cash, check, or direct deposit. 1.9Unbanked Employee means an employee who does not transact banking business under their own individual account. 2.0Payroll Debit Card in Lieu of Cash or Check Delaware’s Wage Payment & Collection Act requires the payment of wages to employees in lawful money or checks payable on demand, “provided suitable arrangements are made by the employer for cashing such checks for the full amount of the wages due at a bank or other business establishment convenient to the place of employment. Employers may comply with this requirement by issuing a payroll debit card which provides the functional equivalent of cash or a check. It is the employers’ responsibility to effectuate a payroll debit card system which will allow full payment of wages on the employee’s regular payday and without cost to the employee. Employers may use a pre-paid debit card or general payroll fund account to establish suitable arrangements for converting wages into employee’s disposable income. 3.0Payroll Debit Card and Account Option for the Unbanked Employee Delaware’s Wage Payment & Collection Act allows for, but does not require a voluntary program of automatic deposit or credit to a designated bank account of the employee. For employers who presently honor such a system, the employer may offer a similar option to unbanked employees upon the written request for the benefit of the employee who desires an individual bank account in their name. Employees are required to provide a written authorization to the employer for the transfer of wages into the individual bank account. All employees shall have notice that direct deposit into individual account programs are initiated and terminated by the employees’ written requests. Costs associated with accounts established for the unbanked employee who voluntarily participates in the payroll debit card individual account program must be reasonable under the circumstances. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROLDIVISION OF AIR AND WASTE MANAGEMENT AIR QUALITY MANAGEMENT SECTIONStatutory Authority: 7 Delaware Code, Chapter 60 (7 Del. C. Ch. 60) Secretary’s Order No.: 2004-A-0023 Proposed Revisions to the State Implementation Plan (SIP) To Change the Mid-Course Review date to 12/31/04 Date of Issuance: April 21, 2004 Effective Date of the SIP Revision: June 11, 2004 I. Background A public hearing was held on January 28, 2004, in the AQM Conference Room of the Priscilla Building, 156 South State Street, Dover, Delaware, to receive comment on a proposed non-regulatory action to amend Delaware’s Phase II Attainment Demonstration State Implementation Plan (SIP) by changing the Mid-Course Review (MCR) date to December 31, 2004. The Clean Air Act Amendments of 1990 (CAAA) requires Delaware to submit to the U.S. Environmental Protection Agency (EPA) a SIP Revision to demonstrate its capability of attaining the 1-hour National Ambient Air Quality Standard (NAAQS) for the ground-level ozone in Kent and New Castle Counties in 2005. This SIP Revision, termed the Phase II Attainment Demonstration, was initially submitted to the EPA in May 1998 and amended in October 1998, January 2000, December 2000, October 2001 and June 2003. In order to settle a complaint filed by six environmental groups in U.S. District Court, EPA required, as a condition of approval of the Phase II Attainment Demonstration SIP of each state in the Philadelphia-Wilmington-Trenton non-attainment area, that a MCR be conducted. This MCR would evaluate the progress being made toward attainment of the 1-hour ozone standard, and be used to determine if any additional controls would be necessary to ensure attainment by 2005. Pursuant to this EPA requirement, Delaware committed to its January 2000 SIP revision to perform a MCR by December 31, 2003. Following this, the U.S. Court of Appeals for D.C. Circuit delayed the implementation of the EPA NOx Transport SIP Call from 2003 to 2004. Because the NOx Transport SIP Call is a significant part of the overall 1-hour ozone attainment strategy, EPA allowed states to revise their MCR due date to a date after May 31, 2004. The later MCR date better serves the MCR purpose, as it enables states to consider the significant impacts of the NOx Transport SIP Call in their analysis. The purpose of this proposed SIP Revision is to amend Delaware’s Phase II Attainment Demonstration to revise its MCR date to December 31, 2004. In addition to the EPA rationale of delaying the MCR to allow for inclusion of the implementation of the NOx Transport SIP Call in the analysis, the Department believes that additional rationale for a delay is to put Delaware on the same time line with other states in the region to enable Delaware to work cooperatively and to conduct the MCR as a regional effort. No specific segment of the public will be directly impacted by this proposed action, and no one from the public attended this hearing. Proper notice of this hearing was provided as required by law. After the hearing, the Department performed an evaluation of the evidence entered into the record in this matter. Thereafter, the Hearing Officer prepared his report and recommendation in the form of a Hearing Officer’s Report to the Secretary dated April 16, 2004, and that Hearing Officer’s report is expressly incorporated herein by reference. II. Findings and Conclusions All of the findings and conclusions contained in the Hearing Officer’s Report dated April 16, 2004 are expressly incorporated herein and explicitly adopted as the findings and conclusions of the Secretary. III. Order In view of the above, I hereby order that the proposed Mid-Course Review SIP Revision be promulgated in the manner and form provided for by law, as recommended in the Hearing Officer’s Report. IV. Reasons The proposed Mid-Course Review SIP Revision will enable Delaware to remain on the same time line with other states in the region and work cooperatively with them to conduct the MCR as a regional effort. Furthermore, the MCR is a planning analysis to ensure that Delaware is on track to attain compliance with the 1-hour ozone standard in 2005, and will help contribute to the improvement of air quality in the State while maintaining consistency with applicable Federal requirements, in furtherance of the policies and purposes of 7 Del.C. Chapter 60. John A. Hughes, Secretary Amendments To Delaware Phase II Attainment Demonstration For The Philadelphia - Wilmington - Trenton Ozone Non-Attainment Area Including A Revision Of The Mid-Course Review Schedule June 2004 List of References 1.Federal Clean Air Act, 42 U.S.C.A. 7401 et seq., as amended by the Clean Air Act Amendments of 1990, P.L. 101-549, November 15, 1990. 2.Delaware Phase II Attainment Demonstration for Philadelphia-Wilmington-Trenton Ozone Nonattainment Area. Delaware Department of Natural Resources and Environmental Control, Dover, Delaware, May 1998, as amended in January 2000, December, 2000, July 2001, and June 2003. 3.Notice of Proposed Action on Attainment Demonstrations for the 1-Hour National Ambient Air Quality Standard for Ozone. Federal Register Vol. 64, No. 241, pp 70317-70319, December 16, 1999. 4.Mid-Course Review Guidance for the 1-Hour Ozone Nonattainment Areas that Rely on Weight-of-Evidence for Attainment Demonstration. Guidance Memorandum from L.N. Wegman, Director, Air Quality Strategies and Standard Division, and J.D. Mobley, Acting Director, Emission Monitoring and Analysis Division, Office of Air Quality Planning and Standards, US EPA, March 28, 2002. 5.Proposed Rule to Implement the 8-Hour Ozone National Ambient Air Quality Standard, US EPA. Federal Register Vol. 68, No. 105, pp 32802-32870, June 2, 2003. 1.Introduction Under the Clean Air Act Amendments of 1990 (CAAA, Reference 1), Kent and New Castle Counties in Delaware are classified as severe nonattainment areas with respect to the 1-hour National Ambient Air Quality Standard (NAAQS) for ground-level ozone. The CAAA requires Delaware to submit to the U.S. Environmental Protection Agency (EPA) a State Implementation Plan (SIP) revision to demonstrate that the 1-hour ozone standard can be attained in 2005 in these two counties with necessary and adequate control measures for VOC and NOx emission sources. That SIP revision, entitled “Delaware Phase II Attainment Demonstration for Philadelphia-Wilmington-Trenton Ozone Nonattainment Area,” was originally submitted to EPA in May 1998, and amended in October 1998, January 2000, December 2000, October 2001, and June 2003 (Reference 2). In order to settle a complaint filed by six environmental groups in U.S. District Court, EPA required, as a condition of approval of the Phase II Attainment Demonstration SIP of each state in the Philadelphia-Wilmington-Trenton non-attainment area, that a mid-course review (MCR) be conducted to evaluate the progress being made toward attainment of the 1-hour ozone standard (Reference 3). The results of the MCR were required to be submitted to EPA by December 31, 2003, and would be used to determine if any additional controls would be necessary to ensure the attainment by 2005. Pursuant to this EPA requirement, Delaware committed in its January 2000 SIP revision to perform an MCR by December 31, 2003. This MCR requirement was also imposed on other states with severe 1-hour ozone non-attainment areas. Following this, an order of the U.S. Court of Appeals for D.C. Circuit delayed the implementation of EPA’s NOx Transport SIP Call from 2003 to 2004. The NOx Transport SIP Call is a significant part of the overall 1-hour ozone attainment strategy. In response to this court order, EPA allowed states to revise the MCR due date to a date after May 31, 2004. The later MCR date is believed to better serve the MCR purpose (i.e., to enable states to evaluate the adequacy of their attainment strategy, and to facilitate initiation of additional control measures if necessary). Many states affected by the NOx SIP Call emission reductions have revised their commitment to conduct and submit the MCR on a schedule later than May 31, 2004 (Reference 4). 2.Proposed Action The document proposed herein is to revise the date of Delaware’s MCR from December 31, 2003 to December 31, 2004. In addition to EPA’s afore-mentioned rationale of postponing the MCR process to allow for inclusion of the implementation of the NOx SIP Call in the analysis, Delaware believes that the following reasons further validate the proposed action: (1)To give EPA more time to develop final guidance on performing the MCR. In the recent proposed rule to implement the 8-hour ozone standard, EPA has indicated that it is updating the 1-hour MCR policy and technical guidance to include the 8-hour matrices, and the final MCR guidance will be available around the end of year 2003 (Reference 5). Delaware is anticipating that the final MCR guidance from EPA will provide detailed procedures on how to effectively conduct the MCR, in particular, to connect efforts of attaining the 1-hour standard in 2005 to efforts of implementing the 8-hour rule beyond 2005. (2)To put Delaware on the same time-line with other states. According to EPA, many states affected by the NOx SIP Call have rescheduled their MCR due date after May 31, 2004 (Reference 4). These states include those in the Ozone Transport Region (OTR). The new MCR schedule proposed herein will enable Delaware to work cooperatively with these states, and to conduct the MCR as a regional effort to better addressing attainment of the 1-hour ozone standard. 3.Contact Information The agency with direct responsibility for preparing and submitting this document is the Delaware Department of Natural Resources and Environmental Control (DNREC), Division of Air and Waste Management, Air Quality Management Section (AQM), under the direction of Ali Mirzakhalili, Program Administrator. The working responsibility for this document falls within the Planning and Community Protection (PCP) Branch of AQM, under the management of Raymond H. Malenfant, Program Manager II, and Ron Amirikian, Planning Supervisor. The following staff member of PCP is responsible for the preparation of this document: Frank Gao, Ph.D., P.E., Environmental Engineer Principal Author and Project Leader Comments and/or questions regarding this document should be addressed to F. Gao at (302)323-4542, e-mail Frank.Gao@state.de.us, or R. Amirikian at (302)739-4791, e-mail Ronald.Amirikian@state.de.us, Air Quality Management Section, DAWM-DNREC, 156 South State Street, Dover, DE 19901. DIVISION OF AIR AND WASTE MANAGEMENT WASTE MANAGEMENT SECTIONStatutory Authority: 7 Delaware Code, Chapter 60 (7 Del.C. Ch. 60) Secretary’s Order No.: 2004-A-0028 Regulations Governing Aboveground Storage Tanks 2004 Date of Issuance: May 4, 2004 Effective Date of the Amendment: June 11, 2004 I. Background On March 30, 2004, a public hearing was held regarding the proposed Regulations Governing Aboveground Storage Tanks. The Department evaluated all of the comments generated during the hearing and post-hearing phases in a Response Document dated April 14, 2004, and a Hearing Officer’s Report was submitted on April 28, 2004. Proper notice of the hearing was provided as required by law. II. Findings and Conclusions 1.Proper notice of the hearing was provided as required by law. 2.The Department’s Response Document, dated April 14, 2004, provides a thorough summary of the record and is incorporated herein for that purpose as recommended by the Hearing Officer. 3.Suggested resolutions of the issues discussed in the Response Document are well-reasoned based on the record and are incorporated into this Order as specific findings on each of these matters, in accordance with the Hearing Officer’s Report. 4.The record shows that the proposed regulations, as amended through the hearing process, are consistent with 7 Del.C. Chapter 74A, the Jeffrey Davis Aboveground Storage Tank Act. III. Order In view of the above findings, it is hereby ordered that the proposed Delaware Regulations Governing Aboveground Storage Tanks, as amended to reflect hearing comments, be promulgated in final form in accordance with the customary procedures as required by law. IV. Reasons The record shows that these regulations were developed in a careful manner after exhaustive reviews among numerous experts so as to satisfy all requirements in 7 Del.C. Ch. 74A, in furtherance of the policies and purposes of that legislation. John A. Hughes, Secretary STATE OF DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL DIVISION OF AIR AND WASTE MANAGEMENT TANK MANAGEMENT BRANCH 391 LUKENS DRIVE NEW CASTLE, DE 19720 MEMORANDUM Summary of the Regulations Governing Aboveground Storage Tanks promulgated pursuant to Title 7 Del.C. Ch. 74A, The Jeffrey Davis Aboveground Storage Tank Act. The Delaware Department of Natural Resource and Environmental Control is responsible for protecting, preserving and enhancing the environmental quality of water, air and land of the State. In addition, the General Assembly of the State of Delaware has found “that it is therefore necessary to provide for more stringent control of the installation, operation, retrofitting, maintenance, repair, abandonment, and/or removal of aboveground storage tanks (ASTs) to prevent releases and where releases occur, to detect and remediate them at the earliest possible stage, thus minimizing further degradation of soil, air, surface water, and groundwater and promoting public safety.” The Regulations Governing Aboveground Storage Tanksare intended to address existing and potential sources of pollution that may result from ASTs. To ensure the prevention and early detection of a release of a regulated substance should one occur, new tanks are required to meet acceptable design and installation criteria and existing tanks are required to upgrade by a schedule set forth to comparable standards. AST design criteria promulgated under these Regulations will minimize the risk of Regulated Substances impacting the environment. Release confirmation and remediation standards are set forth to require the clean-up of any Release that does occur. The Regulations are divided into five sections. Part A includes registration requirements including fees, a list of standards referenced in the Regulations, alternative procedures approval requirements, release preparedness plan, release indication and reporting requirements, and specifications for confidentiality claims. Part B details the specific requirements governing the design and construction of new aboveground storage tanks, including requirements for secondary containment, overfill and spill prevention, leak detection and inerting requirements for ullage volumes of new ASTs without a floating roof. Requirements for the upgrade of existing aboveground storage tanks, requirements for out of service ASTs and requirements for removal, permanent closure in place and permanent change in contents are included in this section. Part C details the requirements for the inspection, monitoring, testing and record keeping for all aboveground storage tanks. Part D details the requirements for showing proof of financial responsibility by owners and operators of aboveground storage tanks. Part E details the requirements for conducting site assessments and remediation of sites with contamination resulting from a release of a regulated substance from an aboveground storage tank. Changes made after Public Hearing Part A, §3.3.1.8 – Added referenced standard API, RP1615 Installation of Underground Petroleum Storage Systems Part A, §3.7.3 - Added referenced standard, ASTM D-2583, Standard Test Method for Indentation Hardness of Rigid Plastics by Means of a Barcol Impressor Part A, §6.4 – Added “Any information submitted to the Department in which a confidential business information designation is requested shall be subject to Part A §9 of these Regulations and the Freedom of Information Act Regulationsadopted Pursuant to 29 Del.C. Ch. 100 as amended.” Part A, §7.1.1.8 – Removed the requirement that home phone numbers be submitted in the Release Preparedness Plan. “The Plan shall list names, addresses, and [office] phone numbers [office and home] of all persons qualified to act as emergency coordinator and this list shall be kept up to date. Where more than one person is listed, one shall be named as primary emergency coordinator and others shall be listed in the order in which they will assume responsibility as alternates. A Facility emergency coordinator shall be available to respond at all times.” Part A, §9.4 – Added “Any information submitted to the Department in which a confidential business information designation is requested shall be subject to the Freedom of Information Act Regulations adopted Pursuant to 29 Del.C., Chapter 100 as amended.” Part B, §3.7 All metallic Shop-Fabricated ASTs installed after the effective date of these Regulations shall provide a method of Leak Detection in accordance with §9 of this Part.[capable of detecting a leak before contamination of the soil not associated with secondary containment, or surface water or groundwater occurs]. Part B, §3.12 The completed installation of every metallic Shop-Fabricated AST installed after the effective date of these Regulations is to be inspected and certified by an inspector familiar with Shop-Fabricated ASTs [such as certified STI-SP001 Inspectors and qualified by experience for such inspections]. Part B, §4.5.2 An Impervious geosynthetic liner [installed in accordance with manufacturer’s recommendations] such as a 60 mil unreinforced liner, 40 mil reinforced liner, or a material of similar or more stringent specifications and that is compatible with the Regulated Substance being stored. Part B, §4.8 [All non-metallic ASTs installed after the effective date of these Regulations constructed for the purpose of storing Regulated Substance with corrosive properties shall be subject to additional design consideration Installation of all non-metallic ASTs installed after the effective date of these Regulations constructed for the purpose of storing sulfuric acid, Spent Acid or Spent Caustic or other Regulated Substances with similar corrosive properties shall be subject to additional design consideration including but not limited to NACE Standard RP0294, material compatibility, coating requirements and additional non-destructive examination (NDE).] Part B, §4.9 All non-metallic ASTs installed after the effective date of these Regulations shall provide a method of Leak Detection in accordance with §9 of this Part [capable of detecting a leak before contamination of the soil not associated with secondary containment, or surface water or groundwater occurs.] Part B, §4.12 All non-metallic ASTs installed after the effective date of these Regulations shall be tested in accordance with industry standards [and manufacturer’s recommendations] before being placed in service. Part B, §7.1.2 Secondary Containment shall not be used to store materials. [The containment structure The Secondary Containment] will be used to collect spills or Leaks, which shall then be promptly removed, in accordance with appropriate disposal and safety procedures. Part B, §7.2.4.1.2 Leak Detection [as required in §9 of this Part; Part B, §11.1.7.1 Leak Detection equipment [in accordance with the requirements of §9] of this Part or alternate method approved by the Department Part B, §11.2.1 Within ten (10) years of the effective date of these Regulations, all existing Underground Piping that does not meet the requirements for new underground piping as required in [§6 5] of this Part shall be upgraded to meet such Requirements. Part B, §13.2.2 An AST Owner and Operator who reactivates an AST which has been Out-of-Service per [§13.1.1. 13.2.1] shall notify the Department by amending the AST registration form required by Part A, §4, ten (10) days prior to putting the AST back into service. Part B, §14 An Owner and Operator shall notify the Department of the scheduled removal or permanent Closure in place of an AST or Permanent Change in Contents on a form provided by the Department not later than ten (10) days prior to removal or permanent Closure in place [or Permanent Change in Contents] of an AST. Part D, §2.1 Owners and Operators of ASTs [are required to shall] comply with the requirements of this Part [120 days after promulgation of these Regulations by June 1, 2005.] Part D, Appendix B (8) (e) Bodily [damage injury] Part D, Appendix O (7) (e) Bodily [damage injury] DUE TO THE LENGTH OF THE REGULATION THE FULL TEXT IS NOT BEING PUBLISHED. THE REGULATION IS AVAILABLE FROM THE REGISTRAR OR ONLINE. Aboveground Storage Tank (PDF Version) Aboveground Storage Tank (HTML Version) DIVISION OF PARKS AND RECREATIONStatutory Authority: 7 Delaware Code, Section 4702 (16 Del.C. §4702(c)) Secretary’s Order No.: 2004-P-0027 Date of Issuance: May 3, 2004 Effective Date of the Amendment: June 11, 2004 I. Background On Wednesday, October 29, 2003 a public hearing was held in the DNREC Auditorium in Dover to receive comment on proposed amendments to the Division of Parks and Recreation’s Rules and Regulations. Under Title 7, Del.C. §4701(a)(4), the Division of Parks and Recreations may make and enforce regulations relating to the protection, care and use of the areas which it administers. A public workshop concerning these proposed changes was held immediately preceding this public hearing on October 29th. Public comments were received on the Department’s proposed changes during the pre-hearing, hearing and post-hearing phases of this rulemaking procedure. The Division of Parks and Recreation responded to these comments, both verbally at the public hearing and in a separate memorandum to the Hearing Officer dated February 17, 2004. Proper notice of the hearing was provided as required by law. After the hearing, the Department performed an evaluation of the evidence entered into the record in this matter. Unfortunately, however, due to a promulgation error within the Department, a second public hearing had to be held on April 28, 2004, in order to effectuate formal publication of the notice of the public hearing in the Delaware Registry. No members of the public attended the aforementioned second hearing of April 28, 2004, nor were there any additions made to the record as a result of the same. Thereafter, the Hearing Officer prepared her report and recommendation in the form of a Hearing Officer’s Report to the Secretary dated April 29, 2004, and that memorandum is expressly incorporated herein by reference. II. Findings and Conclusions All of the findings and conclusions contained in the Hearing Officer’s Memorandum dated April 29, 2004, are expressly incorporated herein and explicitly adopted as the findings and conclusions of the Secretary. III. Order In view of the above, I hereby order that the proposed amendments to the DNREC Division of Parks and Recreation’s Rules and Regulations be promulgated and implemented in the manner and form provided for by law pursuant to the changes proposed during this rulemaking process and as recommended in the Hearing Officer’s Report. IV. Reasons Adopting the proposed amendments to the Division of Parks and Recreation’s Rules and Regulations will be beneficial to the State of Delaware, in that these amendments will add consistency and/or clarification to the existing regulations. Additionally, some of these amendments will enable the State of Delaware to improve and/or enhance the overall performance of the State Parks’ management program. Furthermore, the adoption of these amendments will permit the State of Delaware to further the purposes of Title 7, Delaware Code, Chapter 47. John A. Hughes, Secretary Delaware State Park Rules And Regulations 1.0Definitions "Activity Charge” means any fee assessed to offset the costs associated with a particular program or activity." "Activity Engaged in Surf Fishing" means when a person is taking all reasonable and necessary actions to maximize the probability of hooking and landing game fish by rod, reel and line attached to a baited rig, artificial lure or artificial fly. A person is also actively engaged in surf fishing when they are within 50 feet of their fishing equipment and are tending, casting and recasting their fishing equipment. "Alcoholic Liquor", "Alcoholic Beverages" include the 4 varieties of liquor defined in 4 Del.C. §101 (alcohol, spirits, wine and beer) as well as every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being and any liquid or solid containing more than 1 of the 4 varieties defined in 4Del.C. §101 is considered as belonging to that variety which usually has the higher percentage of alcohol. "Authorized Agent" shall mean any employee of the Division or volunteer who has been delegated the authority to perform or cause to be performed, certain designated acts or functions within the scope of his duties. "Commission" means the Commission created under 4Del.C. Ch. 3, under the name of "The Delaware Alcoholic Beverage Control Commission". "Department" shall mean the Department of Natural Resources and Environmental Control. "Director" shall mean the Director of the Division of Parks and Recreation. "Division" shall mean the Division of Parks and Recreation of the Department of Natural Resources and Environmental Control. "Drug Paraphernalia" for the purposes of this chapter shall be defined in 16 Del.C. §4701. "Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. "Hunter Registration Card" means a document issued by the Division which confers eligibility to participate in hunting programs on parks subject to special restriction. "License" means any license, temporary instructor's permit or temporary license issued under the laws of the state pertaining to the licensing of persons to operate motor vehicles or vessels. "License" shall also mean any document issued by the State for hunting or fishing. "Motorized Vehicle" means every vehicle which is self- propelled including, but not limited to, mopeds, motorcycles, all terrain vehicles (ATV) and other two, three, three or four-wheel vehicles. "Operator" means any person who is in actual in physical control of any motor vehicle, vessel, snowmobile or other means of conveyance. "Owner" means a person who holds legal title to a vehicle, vessel or snowmobile. "Permit" shall mean any written license issued by the Department permitting the performance of a specified act or acts. "Resident" shall mean any person, persons or corporations owning a motor vehicle(s) duly registered by the Delaware Motor Vehicle Division of the Department of Public Safety and possessing a valid Delaware Motor Vehicle operator's license. "Restaurant" means any establishment, provided with special space and accommodation, where, in consideration of payment, food is habitually furnished to a park visitor, and does not include the following types of establishments defined in 4 Del.C. §101, tavern or taproom. "Restricted Use Parking Area" means those parking areas which may be set aside and reserved for use by persons patronizing certain facilities within the park. Such areas will be signed designating type of use: i.e., Restaurant Parking, Marina Parking, etc. "Secretary" shall mean the Secretary of the Department of Natural Resources and Environmental Control. "Snowmobile" means a motor vehicle designed to travel over ice or snow supported in whole or in part by skis, belts, or cleats, or an engine-driven vehicle of a type which uses sled-type runners or skis or an endless belt tread or any combination of these or other similar means of contact with the surface upon which it is operated, but does not include any farm tractor, highway or other construction equipment or any military or law enforcement vehicle. "State" shall mean the State of Delaware. "Surf Fishing Vehicle Permit" means the owner's copy of the written permit and a surf fishing vehicle plate with current year validation sticker affixed. "Vending" means to: solicit or receive an order for; keep or expose for sale; deliver or value in any other way than purely gratuitously; keep with intent to sell; traffic in; or for any valuable consideration, promise or obtain, directly or indirectly, or under any pretext or by any means whatsoever, procure, or allow to be procured for any other person. "Vendor" means a person who is in the act of vending as defined in these regulations. "Vessel" includes every description of water craft, other than a seaplane on water, used or capable of being used as a means of transportation. 2.0General Information 2.1Purpose. It shall be the intent and purpose of the Division of Parks and Recreation to adopt only those minimal Rules and Regulations that are essential to the protection of Park resources and improvements thereto and to the safety, protection and general welfare of the visitors and personnel on properties under its jurisdiction. 2.2Scope. Unless otherwise provided by statute, the following shall constitute the Rules and Regulations of the Division of Parks and Recreation and shall govern the use of all applicable lands, recreation areas, historic sites, natural areas, nature preserves, rights as grantee to conservation easements, marinas, waters and facilities administered by the Division of Parks and Recreation. No Rule or Regulation herein shall preclude the enforcement of any statute under the Delaware Code. 2.3Regulation Authority. In accordance with Title 7 Del.C. §4702(c), of the Delaware Code Annotated, the Administrative Procedures Act, all Rules and Regulations of the Department of Natural Resources and Environmental Control, Division of Parks and Recreation, shall have the effect of law and shall be published in at least two newspapers, of general circulation in the territory to be affected, 30 days prior to the date the Rules and Regulation become effective, except in the case of an emergency, the Department or Division shall give such advance notice as deemed necessary or desirable. 2.4Construction 2.4.1No Rule or Regulation herein shall be interpreted or construed in such a manner as to prevent or delay authorized personnel of the Department or other state, county or municipal agencies from completing official duties or emergency services. 2.4.2In special circumstances, events or emergencies, the Secretary or Director may, when it is deemed to be in the public interest, waive a specific Rule, Regulation or fee. 2.4.3Failure to enforce a specific Rule or Regulation at a particular instance or instances shall not affect the validity of any other Rule or Regulation or affect the validity of such Rule or Regulation at any other time. 2.5Park Policies 2.5.1The Director, Manager of the Operations and Maintenance Section, Park Administrators and Superintendents, iIn order to promote the safety and welfare of park visitors and protect and manage property in the parks, the Director, Chief of Enforcement, Park Administrators and Superintendents shall have the authority to develop reasonable policies for State Parks that are not in conflict with 7 Del.C. Ch. 47 and these Rules and Regulations. These policies must be approved by the Director and posted in a conspicuous place in the park prior to their becoming effective. Copies of all policies shall also be maintained in the office of the Park Superintendent or Park Administrator and the Central Office. 2.5.2Violation of any park policy shall be grounds for eviction from the park and the denial, revocation or suspension of any permit issued or privilege granted by the Division. 2.5.3 The Division shall have the authority to enforce safety rules and/or policies developed in accordance with 2.5.1 of these Regulations for the protection of visitors and property. 2.6Severability. If any section, subsection, paragraph, sentence, phrase or word of these Rules and Regulations are declared unconstitutional by a court of competent jurisdiction, the remainder of these Rules and Regulations shall remain unimpaired and shall continue in full force and effect, and proceedings thereunder shall not be affected. 2.7Terms 2.7.1Any term contained in these Rules and Regulations shall be construed as follows: 2.7.1.1Any term in the singular shall include the plural and vice versa; 2.7.1.2Any term in the masculine shall include the feminine and neuter; 2.7.1.3The prohibition of an act shall tend to include an attempt to commit such act and the causing and/or the procuring directly or indirectly of such act; 2.7.1.4No provision contained in these Rules and Regulations and no act performed by an officer or employee of the Department in the line of duty or in the scope of employment, or any act performed by a person, his agents, or employees in the performance or execution of the terms of an agreement with the Department shall be cause to be deemed unlawful; and 2.7.1.5Any reference to the Director, Park Administrator, Superintendent or Marina Manager shall include their authorized agent. 2.8Permit Violation Penalties. The violation of, or the refusal to obey, any Law, these Rules and Regulations, Park Policies or the terms or conditions of any permit issued or privilege granted by the Division shall be grounds for the suspension or revocation of any permit issued or privilege granted by the Division, the removal or eviction from State Park lands and/or the denial of future entry to, or the denial or future permits or privileges within State Parks. Any and all applicable permit fees shall be forfeited to, and retained by, the Division. Any such suspension, revocation, removal, eviction or the denial of entry, permit or privilege shall not preclude the prosecution of any person for violation of any Law or these Rules and Regulations. 3.0Rules and Regulations 3.1Use Restriction/Trespassing 3.1.1The Director may limit or close specific public use areas, lands, waters and/or facilities and/or temporarily prohibit certain activities, including possession and/or consumption of alcoholic beverages within those areas when such action is deemed necessary for property management, protection of flora, faunas and their habitatsand/or when it is in the best interest of the health, safety, and the general welfare of the visitors. 3.1.2Entering or remaining on lands under the jurisdiction of the Division when such lands are closed or entering or remaining within any building, structure or facility when such building, structure or facility is closed, shall be prohibited without a written permit permission from the Director, or designee. 3.1.3No person shall enter upon or be present upon lands administered by the Division, except as authorized by statute, regulation or written permission from the Director. 3.1.4No structure, facility, building or area administered by the Division shall be used for any activity other than that for which it was intended without the prior written permission of the Director. 3.1.4.1No person(s) shall sleep or attempt to sleep or otherwise be present and are not engaged in the activity for which the 24 hour facility or area is used for. 3.1.5No person shall use or attempt to use a State Park campground or marina as a principle residence or as a base of operations for conducting any type of business either on a permanent or temporary basis. 3.1.6Use of metal detectors on lands under the jurisdiction of the Division shall be prohibited except during normal park hours in the following areas: 3.1.6.1Lums Pond State Park swimming area beach; and 3.1.6.2Trap Pond State Park swimming area beach; 3.1.6.3Holts Landing State Park beach; and 3.1.6.42 Ocean beaches east of the dune line. 3.1.7No person shall collect, excavate, injure, destroy or appropriate prehistoric or historic artifacts or human skeletal remains from lands under the jurisdiction of the Division except with written permission from the Director. Violations under this paragraph may be charged under the provisions of 7 Del.C. §5306 or 7 Del.C. §5411. 3.1.7.1Possession or use of tools or devices specifically designed for the excavation and removal of artifacts or human skeletal remains shall be deemed prima facie evidence of a violation of this Regulation and will be confiscated, held as evidence and be subject to forfeiture upon conviction. 3.1.8In areas where activities such as rock climbing, rapelling or similar activities are permitted on lands administered by the Division a program fee/registration may be required. 3.1.9The Division maintains exhibits at the Brandywine Zoo, various Nature Centers and temporary exhibits to provide recreational interpretation to the public. The following regulations apply in these areas: 3.1.9.1No person shall bring pets or other animals into the Zoo. 3.1.9.2No person shall throw any object(s) at animals or into the animal enclosures. 3.1.9.3No person shall feed or attempt to feed any animal other than persons designated by the Zoo Director. 3.1.9.4No person shall harass or attempt to harass any of the zoo animals by making unreasonable sounds, gestures, movements or use any object to touch the animals. 3.1.9.5No person shall attempt to cross any safety barriers to prevent the animals from coming into contact with the general public. 3.1.9.6No person shall put or attempt to put any body parts in the animal enclosures. 3.1.9.7No person shall throw any object(s) into any exhibit. 4.0Campground Policy 4.1The Division shall develop policies as necessary pursuant to Section 2.5.1 of these Regulations to ensure the safe and efficient operation of its campgrounds. Copies of the Campground Policy shall be kept on file in the park offices, posted in the campgrounds and will be made available to campers at the time of registration. 5.0Vessel Regulations 5.1No person shall launch or recover vessels from waters within or bordering on State Park lands except at designated boat-launch areas or docks. 5.2No person shall operate a vessel except at slow-no-wake speed on any pond, lake, canal or within any marina under the jurisdiction of the Division. 5.2.1No person shall launch or operate a vessel powered by an internal combustion engine on Trussum Pond and Raccoon Pond. 5.3All laws, rules and regulations as established by the Department governing boating in the State of Delaware shall apply to all ponds, lakes, rivers, canals, waterways, and marinas owned, leased, licensed or under the jurisdiction of the Division. 5.4No person shall operate or use vessels of any type, including inflatable rafts, sailboats, rowboats and canoes on waters administered by the Division without one (1) Coast Guard approved lifejacket or seat cushion on board for each person. 5.4.1Operators and passengers of Division rental canoes, sailboats, or kayaks or other watercraft rented or provided by the Division must wear a Coast Guard approved life jacket in the manner prescribed at all times while aboard such craft. 5.5No person shall operate any vessel within fifty (50) feet of or through any designated public swimming area within any inland pond under the Division's jurisdiction. 5.6No person shall operate any vessel within one hundred (100) feet of a swimmer, surfer, or any designated swimming or surfboarding area, any swimmer or surfer or the coastline of any ocean beach or inland bay unless designated for such purpose. 5.7Vessels and/or trailers shall not be anchored, moored, beached, stored or left unattended between the hours of sunset and 8 a.m. on lands or waters administered by the Division without authorization of the Park Administrator, Superintendent or Marina Manager. 5.8Swimming or diving from any vessel, including a seaplane is prohibited in waters under the jurisdiction of the Division. 5.9A person renting a vessel from the Division shall comply with the manufacturer's rated capacity for such vessel. 5.10Operation of a vessel in a negligent or reckless manner which could endanger life, limb, or property is prohibited. 5.11Vessels shall not be permitted to dock at Cape Henlopen State Park fishing pier, Holts Landing State Parks fishing pier or at Fort Delaware dock except in an emergency or when in distress. The following stipulations must be adhered to: 5.11.1Approval for emergency docking must be obtained from the Park Superintendent or Administrator either prior to docking or within eight (8) hours after docking. 5.11.2A docking fee based on prevailing rates in the area will be paid by vessels docking at Cape Henlopen fishing pier, Holts Landing fishing pier, or at Fort Delaware Dock. 5.11.3The owner and/or vessel master shall be responsible for any damage to the docks. 5.12The parking or leaving of vessels, or vessel trailers in marina parking lots or marina areas overnigh shall be prohibited unless prior written permission is given by the Marina Manager. This shall not apply to vessels and trailers legally stored within designated vessel storage areas or if the area is designated as a 24-hour facility by the Division. 6.0Marinas 6.1Any vessel entering the waters of any marina administered, operated, leased or licensed by the Division shall immediately come under the jurisdiction of the Division. All rules and regulations of the Division, in addition to the laws, rules and regulations governing vessels established by the Department and the U.S. Coast Guard shall apply. 6.2No person shall dock or anchor a vessel within the waters of a marina complex administered, operated, leased or licensed by the Division unless the owner-master of such vessel pays such fees as required for dockage. Dockage contracts may be obtained from the marina office or from the Marina Manager. This regulation shall not apply to vessels docking at refueling stations to take on fuel. 6.2.1In addition to any penalties assessed for violations of this Regulation, the owner or operator of the vessel shall also pay the dockage or anchorage fee. 6.3Docking or anchoring of vessels will be permitted only in areas designated by the Marina Manager. 6.4No major repair work, other than minor repairs and routine maintenance shall be performed on any vessel within a marina complex administered, operated, leased or licensed by the Division without the approval of the Marina Manager. 6.4.1No major repair work shall take place on any vessel, except in such areas as designated by the Marina Manager. 6.5Refueling of vessels will be permitted only at the designated refueling bulkhead stations. Distributors shall not deliver fuel to vessels docked in a marina administered, operated, leased or licensed by the Division. 6.5.1No vessel shall dock or anchor at a refueling station except to take on fuel. 6.5.2Vessels docked at refueling stations to take on fuel shall not be left unattended and shall be removed immediately upon completion of refueling. 6.5.3Only the owner, master or a crew member shall remain on board during refueling. All passengers must disembark until refueling operations are completed. 6.5.4All engines must be shut down during refueling. 6.5.5Smoking or open flames are prohibited within fifty (50) feet of the refueling stations. 6.5.6No person shall use any refueling station for the purpose of loading or unloading supplies or passengers, except when complying with 6.5.3 above. 6.5.7No gasoline or diesel fuel shall be pumped or siphoned from any vessel within the marina complex without the Marina Manager's prior approval and then only within an approved area designated by the Marina Manager. Under no circumstances will fuel be removed while the vessel is docked within a slip. 6.6No refuse, trash, oil or effluents shall be thrown or pumped overboard into the waters of a marina, channel approaches or other areas administered by the Division or Department. 6.6.1Waste oil and used oil filters shall be transported in sealed containers and deposited in a waste oil tank located within the marina. Waste oil filters will be deposited in an oil filter receptacle located adjacent to the waste oil tank or other authorized recycle centers. 6.7Disorderly conduct by vessel owners, their crew or guests shall be cause for cancellation of a pier dockage agreement and any assigned dock or mooring space. 6.8Safety precautions must be observed and complied with in all marina areas administered by the Division. 6.8.1Swimming or diving is prohibited from all piers, docks, bulkheads and vessels within marina waters. 6.8.2Running or horseplay is prohibited on all piers, docks and bulkheads within the marina. 6.8.3Fishing is prohibited from all piers, docks, bulkheads and vessels within marina waters. 6.8.4Use of barbecue grills or other types of portable open flame cooking devices are prohibited on docks or vessels moored within the marina complex. 6.9Fish cleaning is prohibited within a marina complex, except at authorized fish cleaning facilities that may be provided. 6.9.1It is prohibited to throw or dump any fish remains, parts or pieces thereof, into the waters or onto the grounds of the marina except in receptacles provided for such purposes. 6.10No person shall go aboard any vessel docked, anchored or stored within a marina complex, unless such person is accompanied by the owner or master, or has written permission from the owner or master of such vessel. 6.11No person shall enter upon the grounds, waters, docks or piers of a marina from one-half (½) hour after sunset until one-half (½) hour before sunrise except authorized persons such as vessel owners, masters, crew members and passengers returning from or embarking on boating excursions for fishing or pleasure, or authorized persons residing aboard a vessel. 6.12The parking or leaving of vessels or vessel trailers in marina parking lots or marina areas overnight shall be prohibited unless prior written permission is given by the Marina Manager. This shall not apply to vessels and trailers legally stored within designated vessel storage areas. 7.0Water sports 7.1Persons swimming or sunbathing in areas administered by the Division shall be attired in acceptable swimwear, worn so as to prevent any indecent or lewd exposure of the person. 7.1.1Males - must cover buttocks and genitals 7.1.2Females - must cover buttocks, breasts and genitals 7.2Swimsuits must be worn when using Division swimming pools. Cut-off jeans, trousers or other clothing not designed and sold as swimwear will not be permitted. 7.3Lifeguards shall have the authority to enforce safety rules or policies that are deemed necessary for the protection of the public. Such rules shall be posted in a conspicuous place and shall be on file in the Park Administrator/Superintendent's office. Lifeguards shall have the authority to expel any person or persons who violate the Park Rules, Regulations and Policies. Swimming outside of designated swimming areas is prohibited. 7.4No surfboarding surfboards, sailboards, kayaks or similar watercraft shall be allowed in other than designated guarded surfboarding swimming areas without permission of the Park Superintendent/Administrator unless approved by the Director or their designee. 7.5Water skiing or towing of any persons on any type of device, other than on another vessel, shall be prohibited on all non-tidal waters administered by the Division, except by written permission of the Director or designee. 7.6Use of scuba diving equipment shall be prohibited in all waters administered by the Division, unless written permission is given by the Director. or his authorized agent. 7.7The possession of glass containers within any swimming area or on any beach administered by the Division shall be prohibited. 8.0Ice Skating 8.1No person shall ice skate or enter upon any frozen pond, lake or stream administered by the Division except on areas as may be designated by the Division. 8.2Areas where ice skating is permitted by the Division shall be marked and no person shall be permitted on the ice outside of such designated area. 9.0Snowmobiles 9.1Snowmobiles used or operated on lands under the jurisdiction of the Department must be registered with the Department State of Delaware. Exempt from this requirement are snowmobiles owned by non-residents evidenced by a valid registration of another state, province, county or political subdivision thereof, or the United States. 9.2Registration of a snowmobile hereunder shall not be deemed to grant permission for operation of a snowmobile on any public roadway or highway or on private property. 10.0Surf Fishing Vehicles 10.1The Division through its authorized agents shall collect an annual fee and issue an appropriate permit for each four (4) wheeled vehicle equipped for travel upon sand beaches for the purpose of surf fishing at Cape Henlopen State Park, Delaware Seashore State Park, Fenwick Island State Park, and Beach Plum Island. 10.1.1Surf Fishing Vehicle Permits shall be issued only to those vehicles duly registered and licensed to operate on public highways. 10.1.2Four (4) wheeled vehicles for purposes of this Section shall mean a vehicle equipped with four (4) wheels which makes contact with the road surface. 10.1.3No Surf Fishing Permit shall be issued to any vehicle which measures less than seven (7) inches between the lowest point of the vehicle and the ground. 10.1.4Surf fishing vehicles must be equipped with a shovel, jack, tow rope or chain, board or similar support for the jack and a low-pressure tire gauge. 10.1.5Failure to possess adequate saltwater fishing tackle, bait and/or lures commonly used for surf fishing shall be deemed prima facie evidence of a violation of this regulation. 10.2No person shall operate a vehicle upon the beach areas or dune crossings administered by the Division without a permit for such vehicle as set forth in Section 10.1. 10.3The surf fishing vehicle plate must be properly displayed on the vehicle for which the permit was issued prior to operation on beach areas administered by the Division. 10.3.1The surf fishing vehicle plate shall be affixed to the front of the vehicle. 10.3.2The owner's copy of the permit receipt shall be available for inspection at all times when the vehicle is being operated on such beach areas. 10.4It shall be unlawful to operate any vehicle on any authorized dune crossing or on any beach area administered by the Division at any speed that is greater than is reasonable and prudent under the conditions, and having regard to the actual and potential hazards then existing, but never exceeding 15 m.p.h. In every event, speed shall be controlled and limited to that speed necessary to maintain traction and steerage. 10.5Operation or use of any permitted surf fishing vehicle on the beaches administered by the Division except for traveling to and from fishing areas for the purpose of actively engaging in surf fishing is prohibited. The capacity of the beaches administered by the Division to absorb the impact of vehicles, without substantial environmental degradations and decreased quality of experience for all visitors is limited. Therefore, vehicle use on the designated beaches is restricted to persons actively engaged in surf fishing. Permitted surf fishing vehicle operation on the beaches administered by the Division for reasons other than traveling to and from fishing areas for the express purpose of actively engaging in surf fishing, is prohibited. Any permitted surf fishing vehicle parked for any period of time on the beaches administered by the Division, without one or more persons who arrived in that vehicle being actively engaged in surf fishing is prohibited. When no one who arrived in the surf fishing vehicle is actively engaged in surf fishing, the surf fishing vehicle shall exit the beach immediately. In addition to other penalties prescribed in these rules and regulations and by statute, violation of this subsection is grounds for suspension or revocation of the permit. 10.5.1Use of a surf fishing permit for the purpose of commercial bait fishing is permitted on the beaches administered by the Division provided all conditions and requirements of said permit are met and a bait fishing permit is obtained from the Director. 10.6The Division shall designate areas for surf fishing vehicle use on beaches under its jurisdiction. These areas shall be marked with symbol signs indicating 24-hour access, limited access and no access. Operation of a vehicle in an area not authorized for such use or during times and/or dates that the area is closed to vehicles shall be a violation of this regulation. 10.7The use or operation of any vehicle whatsoever, on, over, or across the sand dunes on Division lands is expressly prohibited, except when it is a vehicle displaying a valid Delaware Surf Fishing Vehicle Permit and is crossing dunes at authorized dune crossings, which are designated and maintained for that purpose by the Division. 10.7.1Any other use or operation of a vehicle on, over or across the primary sand dunes, except at authorized crossings, is expressly prohibited. Violators of this regulation may be charged under 7 Del. C. §6805(b) which carries a penalty of $200 to $5,000 or imprisonment for up to two years or both, in addition to reimbursing the Department for reasonable expenses in remedying damages created. 10.8Beach areas, including surf fishing areas, may be closed to pedestrians and vehicles, in whole or in part, for resource protection or for health, welfare, and/or safety reasons for such a period as may be determined by the Department. Unauthorized entry into a posted and/or barricaded closed area shall be a violation of this regulation. 10.9It shall be a violation of this Section to loan a Surf Fishing Vehicle Permit, or to use or attempt to use a Surf Fishing Vehicle Permit on any vehicle other than the vehicle it is assigned to. In addition to other action that may be taken, the permit will be confiscated and held as evidence. 10.10The Director shall have the right to suspend Surf Fishing Vehicle Permits for up to 90 days or to revoke permits for up to three (3) years for conviction of reckless operation of a surf fishing vehicle or operation of a surf fishing vehicle under the influence of alcoholic beverages and/or drugs on lands administered by the Division or for violations of these regulations. 11.0Vehicles 11.1Vehicles operated on lands administered by the Division shall be in compliance with all State statutes, laws, rules and regulations. 11.1.1No person shall operate any motorized vehicle upon any lands administered by the Division, unless said vehicle is licensed for use upon public highways and roadways. 11.1.2Vehicles operated on lands administered by the Division must be properly equipped with brakes, headlights, tail lights, tag light, turn signal, and horn all in good working order. 11.1.3Towed trailers must have an adequate towing hook-up, complete with safety chains. They must also be equipped with operating tail lights, turn signals, tag light, and be currently registered to be towed on public roads. 11.2No person shall operate a motor vehicle, motorcycle, motor bike or other two or three-wheeled motor driven vehicle upon any lands administered by the Division, unless said person has been issued and is the holder of a valid license or permit to operate said vehicle on public highways and roadways. 11.2.1The license or permit shall be in the immediate possession of the licensee at all times when driving a motor vehicle, motorcycle, motor bike or other two or three-wheeled motor driven vehicle and he/she shall display same upon demand of Department Enforcement personnel. 11.3No person shall authorize or permit a motor vehicle of any type owned by him or under his control to be driven by any person on lands administered by the Division, knowing that said person has no legal right to do so, or shall authorize or permit said vehicle to be driven in violation of any of the provisions of the Division's Rules and Regulations. 11.4When on lands administered by the Division, the driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle, the traffic and the condition of the roadway or area. 11.5Every driver shall yield preferential right-of-way at an intersection or other place indicated by stop signs or yield signs authorized and installed by the Division. 11.5.1Except when directed to proceed by an enforcement officer or traffic control device, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall come to a complete stop before entering the intersection. 11.5.2The operator of any vehicle who has come to a full stop, as provided in 11.1.1 of this Regulation, shall not enter upon or across such intersection until such movement can be made in safety. 11.6Specific motor vehicle speed limits on lands administered by the Division: 11.6.1Every driver shall observe all posted speed limits. When no special hazard exists the following speed shall be lawful, but any speed in excess of such limits shall be absolute evidence that the speed is not reasonable or prudent and that it is a violation of this Section: 11.6.1.125 m.p.h. -- on roads administered by the Division unless otherwise posted or stated in Regulations. 11.6.1.210 m.p.h. -- in parking, camping and congested areas unless otherwise posted. 11.7No person shall operate a motor vehicle on lands administered by the Division in a careless or imprudent manner without due regard for road, weather and traffic conditions willful or wanton disregard for the safety of person or property. 11.7.1No person shall operate a motor vehicle on lands administered by the Division in a careless, inattentive or imprudent manner without due regard for road, weather and traffic conditions. 11.7.2The intentional accelerating of a motor vehicle causing spinning of tires or what is commonly known as "burning rubber" on any park facility or roadway within an area administered by the Division is prohibited and shall be a violation of this Section. 11.8An operator and/or passenger of a motorcycle under the age of 18 must wear a safety helmet of a type approved by the Secretary of Public Safety. 11.9An operator of a motor vehicle shall not permit any person riding upon any bicycle, coaster, roller skates, sled or toy vehicle to attach same or himself to any motor vehicle being operated on lands administered by the Division. 11.10While on lands administered by the Division, no person, shall ride upon any vehicle without the consent of the driver, and when any person is riding on any vehicle with the driver's consent, no part of the person's body may protrude beyond the limits of the vehicle. 11.11No person shall drive or operate a motor vehicle on lands administered by the Division, unless such motor vehicle is equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise. 11.12No vehicle shall be driven, moved or parked on any lands administered by the Division unless so loaded or constructed as to prevent its contents from dropping, sifting, leaking or otherwise escaping. 11.13It shall be unlawful for any person to operate any motor vehicle or any other type of vehicle within any area administered by the Division except on such roads or areas specifically designated by the Division for such purpose. 11.14No driver shall at any time drive to the left of a solid center line on a roadway when operating a vehicle on lands administered by the Division. 11.15Where traffic control devices establish one-way traffic, it shall be unlawful to drive in the opposite direction unless directed by a Law Enforcement Officer. 12.0Parking Violations 12.1It shall be unlawful to stop, park or leave unattended any motor vehicle on any roadways, berms, trails, no parking zones or in any other areas not specifically designated as a parking area on lands administered by the Division. 12.1.1No person shall park any vehicle in a parking space marked or signed as a designated handicap parking space unless such vehicle bears a special handicap license plate or displays an authorized identification card indicating that the vehicle is a vehicle of the handicapped and bearing the license number of the vehicle to which it was issued. 12.1.2No person shall allow park a vehicle and allow said vehicle to remain parked in an area longer than the posted time limit. 12.1.3No person shall park in any parking space that is signed and marked as reserved for a Park Ranger, emergency vehicles or employee parking. 12.1.4No person shall park in a "Restricted Use Parking Area" unless parking is for the use of the facility so designated. 12.1.5No person shall park in any fire lane or within fifteen (15) feet of a fire hydrant. 12.1.6No person shall park a vehicle in any designated area without first having paid the appropriate rate, fee or charge established by the Division or Department. 12.2It is said to be unlawful for any vehicle to remain on lands administered by the Division after "closing hours" for any day-use areas closed from sunset until 8 a.m. 12.3It shall be unlawful to leave any motor vehicle unattended on lands administered by the Division for a period exceeding 24 hours, without prior notification to the Park Administrator or Superintendent or written approval from the Director. 12.4Any officer empowered to enforce Division Rules and Regulations during the performance of his duties may remove or cause to be removed from any lands administered by the Division, at the owner's or operator's expense, any motor vehicle, camping unit, or part thereof, parked or standing illegally or in violation of these regulations. 12.4.1No vehicle or camping unit removed or caused to be removed pursuant to this Section shall be released until payment is made for such removal and/or storage and proper authority to process and operate said vehicle, camping unit or part thereof displayed by the person attempting to recover said vehicle, camping unit or part thereof. 12.4.2No liability shall occur to the Division or its authorized agents for any damage or loss caused by such removal or storage. 12.5A summons in appropriate form adopted by the Division may be attached to an unattended vehicle found in violation of any of the provisions of these Rules and Regulations. 12.5.1If the identity of an operator of an unattended vehicle in violation is not otherwise apparent, the person in whose name the vehicle is registered shall be held prima facie responsible. 13.0Bicycles 13.1Anyone riding a bicycle or propelling a vehicle by human power shall have all the rights and all the duties applicable to the operator of any other vehicle referenced within these Regulations and shall be in compliance with all State laws, rules and regulations when operating on lands administered by the Division. 13.1.1Bicycling is permitted only on roadways designated for public use, designated and signed bike paths and multiple-use trails designated and signed for such use. 13.1.2Bicycles must be ridden as far to their right as possible on roadways. 13.1.3Bicyclists must give hand signals when stopping or turning on Park roadways. 13.1.4Bicycles operated on designated bike trails/paths shall yield right of way at all locations where the trail or path intersects with any roadway. 13.1.5Bicycles operated at night shall be equipped with: 13.1.5.1a lamp on the front which shall emit a white light and be visible for 500 feet. 13.1.5.2Reflectors or reflectorized material on the rear and both sides visible from 600 feet. 13.1.6No one shall operate a bicycle on Park roadways with ear plugs in both ears or while wearing a headset covering both ears. 14.0Roller Skating, Skateboards, Roller Skis 14.1Using roller skates, skateboards, roller skis or similar devices is prohibited on lands administered by the Division except in areas that may be designated for such use. 14.2No person shall operate a motorized scooter, moped or similar device not defined in 21 Del.C. §101(53). 14.3Persons on skateboards, roller skates, coasters, sleds or toy vehicles are prohibited from being towed or propelled by a motor vehicle on lands administered by the Division. 15.0Aviation 15.1No person shall voluntarily bring, land or cause to descend or alight on or upon any lands or waters administered by the Division any aircraft, flying machine, balloon, parachute or other apparatus for aviation except with the prior consent of the Director. "Voluntarily" shall mean for purposes of this paragraph anything other than a forced or emergency landing. 15.2Flying of radio-controlled model aircraft or the launching of model rockets shall not be permitted in areas administered by the Division except in areas set aside and designated for such purposes. Special policies regarding insurance and operating conditions will be posted. 16.0Domesticated Animals/Pets 16.1No person shall ride or lead a horse through any area or upon any roadway, trail or path administered by the Division unless such area, trail, roadway or path is designated for such use by the Division. 16.1.1Animal-drawn vehicles are permitted upon roadways and parking areas and shall be granted all the rights and shall be subject to all the regulations applicable to motor vehicles except for those regulations which by their very nature can have no application. 16.2Horses shall be permitted on ocean beach areas administered by the Division provided they stay within the same boundaries as those designated for surf fishing vehicles under 10.6. In areas where horses are permitted on ocean beaches administered by the Division, owners/riders must stay within the parameters outlined in the Horseback Riding Policy. 16.2.1On State Park ocean beach areas, horses must use the surf fishing vehicle crossings for access to the beach. Use of pedestrian crossings or crossing the dunes at other areas is prohibited. On State Park ocean beach areas, horses must use the designated crossings as outlined in the Horseback Riding Policy. 16.2.2Vehicle and trailers used to transport horses shall be parked in accordance with the Division's Horseback Riding Policy. 16.3Except guide dogs accompanying blind and/or deaf persons, dogs and other domesticated animals, shall not be permitted within or upon designated picnic areas, nature trails, public buildings, structures and any other designated areas administered by the Division. 16.3.1Except guide dogs accompanying blind and/or deaf persons, dogs and other domesticated animals shall not be permitted upon or within any Division-administered swimming area, or swimming area beach or surfboard/sailboard areas at anytime, day or night, from May 1 through September 30 each year, 7 Del.C. §1715. 16.3.2On areas where such animals are permitted, person(s) having custody of said animal must have it restrained on a leash not to exceed six (6) feet in length and must be under proper control and not left unattended. Leashes are not required when lawfully hunting when lawfully hunting with a dog or when training dogs within designated and authorized hunting and/or dog training areas. 16.3.3In areas where such animals are permitted, person(s) having custody of said animal must keep it restrained on a leash not to exceed six (6) feet in length and must be under proper control 16.3.4Areas where such animals are permitted person(s) having custody of said animal shall not leave the pet unattended. 16.3.5Any person(s) with a dog or other domesticated animal or pet, which that creates a nuisance or disturbance, or who fails to properly control such animals, may be evicted without refund or reduction of fee. 16.3.6Owners or persons having custody of dogs or other domesticated animals shall be responsible for the clean up and removal of any animal feces deposited by the animal. 17.0Conduct 17.1Disorderly conduct is unlawful and enforcement action may be enforced taken against any person who intentionally causes public inconvenience, annoyance, nuisance, or alarm to any other person who creates a risk thereof by: 17.1.1Engaging in fighting or in violent, tumultuous or threatening behavior; 17.1.2Making an unreasonable noise or an offensively coarse utterance, gesture or display or addressing abusive language to any person present; 17.1.3Disturbing any lawful assembly or meeting of persons without lawful authority; 17.1.4Obstructing vehicular or pedestrian traffic; 17.1.5Congregating with other persons and refusing to comply with a lawful order of an enforcement officer to disperse; 17.1.6Creating a hazardous or physically offensive condition which serves no legitimate purpose; or 17.1.7Engaging with at least one other person in a course of disorderly conduct, which is likely to cause substantial harm or serious inconvenience, annoyance or alarm and refuses or knowingly fails to obey an order to disperse made by an enforcement officer to the participants. 17.2No person shall expose themselves in any manner which would be considered as indecent exposure or perform any lewd act which they know is likely to be observed by others who would be affronted or alarmed by such act or exposure on lands or waters or in facilities administered by the Division. 17.2.1The disposal of human body waste is prohibited except within designated facilities provided for that purpose. 17.3Gambling is prohibited and no person shall bring any implement or device commonly used or intended for gambling purposes into any area administered by the Division, with the intention of engaging in a game of chance for money or other valuables. 17.4Practicing, playing or using equipment pertaining to archery or golf on lands administered by the Division is prohibited except in those areas specifically designated for such use. 17.5The playing of games on lands administered by the Division involving thrown objects such as hardballs, frisbees, horseshoes, etc. shall be restricted to such areas set aside for such activities. 17.6While on lands administered by the Division shall, without a valid written permit, use any radio or other sound-producing device or article that, in any way, may annoy or disturb a reasonable person of normal sensitivities. 17.7While on lands administered by the Division, no person shall at any time use a horn other than as a reasonable warning signal or make any unnecessary or unreasonable harsh sound by means of a horn or other amplified warning devices. 17.8Reasonable quiet must be maintained at all times within all overnight facilities, particularly between the hours of 10 p.m. and 7 a.m. Unnecessary loud noises or disturbances of any nature, that are disturbing to others, shall be prohibited. 18.0Fires 18.1No person shall kindle, build, maintain or use a fire on lands administered by the Division, unless there is written permission from the Director or designee. Said fire isshall be in in a designated area and confined within fireplaces, grills, fire rings or other equipment designed for the purpose of containing cooking fires. 18.1.1Any fire shall be under the care and direction of a competent person from the time it is kindled until it is extinguished. 18.1.2All fires must be properly extinguished and the ashes, embers or coals disposed of in receptacles provided for such purpose, so as to cause no danger whatsoever to persons, structures, animals, or plant life, or vehicles. 18.1.3Fires shall be prohibited on designatedswimming/surfing area beaches administered by the Division. 18.1.4No fires larger than necessary for cooking purposes shall be permitted. 18.1.5Fires of any type or the use or possession of lanterns which use inflammable fuel, are not permitted on fishing piers. 19.0Fireworks and Explosives 19.1 18.2The possession, explosion or discharge of any firecrackers, torpedoes, rockets or other fireworks or explosives in areas administered by the Division is prohibited, except with prior written permission of the Director. 20.0Fuel Containers 20.1 18.3No person shall leave fuel containers open and/or unattended within boat launch areas, docks, piers, bulkheads or on lands under the jurisdiction of the Division. 19.0Property Violations 19.1It shall be unlawful to place, dump, deposit, throw or leave any garbage, refuse, trash, cans, bottles or other debris of any kind within or upon any public beach, lands or waters administered by the Division, except in receptacles provided for such purpose. 19.1.1No person shall bring into a State Park from an area outside of the Park any garbage, refuse, waste, rubbish or obnoxious materials for the purpose of disposing of such in park litter receptacles. 19.2Disposing or discharging of solid waste on lands or waters under the jurisdiction of the Division is prohibited. Violators may be charged under 7 Del.C. §6025(b). 19.3Unless specifically authorized by the Department for management, research or educational purposes, the cutting, injuring or removal of trees, shrubs, wildflowers, ferns, mosses, or other plants from lands administered by the Division and the defacing, damaging, removing or altering any structures, buildings, natural land features, or other park property or equipment, or the willful harming, collecting, or possessing of wildlife, flora or faunais strictly prohibited. 19.4Removal or defacing, damaging, removing or altering of any structures, buildings, natural-land features, or other park property or equipment from the lands administered by the Division is strictly prohibited. 19.5The willful, harming, collecting, harassing or possessing of wildlife, flora, or fauna on lands administered by the Division is strictly prohibited. 19.6Walking on, over or across a primary dune administered by the Division, except at locations specified by the Department or Division for such use, shall be prohibited. 19.7Operating a motor vehicle in such a manner as to cause willful, wanton or reckless damage to lands administered by the Division, commonly known as "turfing", is prohibited and shall be a violation of this Section. 19.8Use of dedicated state nature preserves shall be limited to posted trails and permitted activities. Property violations are enforceable under these Rules and Regulations and 7 Del.C. Ch. 73. 20.0Multiple Use Trails 20.1Bicycle riders shall yield to horseback riders and/or hikers encountered on multiple use trails administered by the Division. Bike riders shall come to a complete stop and allow horseback riders and/or hikers to pass. 20.2Horseback riders shall yield to hikers encountered on multiple use trails administered by the Division. The horseback rider shall stop and remain stopped until the hiker passes. 21.0Public Assemblies, Meetings, Distribution and Posting of Printed Matter 21.1In order to maintain the recreational nature of State Parks as a haven for the public from the rigors of work and the commercial environment, and to promote the State's interest in its concessions and sales to the public, no commercial advertising by the distribution or posting of printed matter, other than by the State or its concessionaires, shall be permitted in State Parks. 21.2Public meetings, assemblies, gatherings, demonstrations and/or the distribution or posting of printed matter are permitted on lands administered by the Division provided that a permit or approval to do so has been issued by the Park Administrator or Superintendent. 21.3An application for such a permit shall set forth the name of the applicant, the name of the organization (if any), the date, time, duration and the number of persons expected to attend or participate, the location of the proposed distribution or posting of printed matter, and a statement designating the equipment and facilities to be used in connection therewith. The application shall be submitted to the Park Administrator or Superintendent at least 72 hours in advance of the proposed event, distribution or posting. 21.4Within 48 hours the Park Administrator or Superintendent shall within 48 hours issue a permit unless: 21.4.1A prior application for a permit for the same time and location has been made, which has been or will be granted; and the activities authorized by that permit do not reasonably allow multiple occupancy of the particular area; 21.4.2It appears that the event or the distribution or posting of printed matter will present a clear and present danger to the health or safety or park visitors and/or general public by inciting riots of public disturbances, or by encouraging injury to others, damage to property, or the violation of other’s civil rights; or 21.4.3The event or the distribution or posting is of such nature or duration that it cannot reasonably be accommodated in the particular location applied for considering possible damage to park resources or facilities, impairment of a protected area's atmosphere of peace and tranquility, interference with Park program activities or impairment of public use facilities. 21.5The Park Superintendent or Administrator shall designate on a map, which shall be available in the Park office, the locations available for public assemblies and/or distribution or posting of printed matter. Locations may be designated as not available only if such activity would: 21.5.1cause injury or damage to Park resources; 21.5.2be contrary to the purposes for which the natural, historic, development and special use zones are maintained; 21.5.3unreasonably interfere with interpretive, visitor service or other program activities or with the administrative function of the area; or 21.5.4substantially impair the operation of public use facilities or services of concessionaires or contractors. 21.6The permit may contain such conditions as are reasonably consistent with protection and use of the area for the purposes for which it is maintained. 21.7Persons engaged in the distribution or posting of printed matter under this Section shall not obstruct or impede pedestrians or vehicles, harass visitors with physical contact or verbal demands, misrepresent the purposes or affiliations of those engaged in the distribution or misrepresent whether the printed matter is available without cost or donation. 21.8A permit may be revoked under any of those conditions as listed in paragraph d of this Section which constitutes grounds for denial of a permit, or for violation of the terms or conditions of the permit, Park Regulations or Park Policies. Such a revocation shall be made in writing with the reason(s) for revocation clearly set forth, except under emergency circumstances, when an immediate verbal revocation or suspension may be made, to be followed by a written confirmation. 22.0Solicitations and Concessions 22.1Vending of merchandise, services or food upon lands administered by the Division is prohibited without the express written approval of the Director. 22.2No person shall solicit for money or goods or services on any lands administered by the Division without the written permission of the Director. 22.3.No person, group of persons, nor any business or commercial entity shall utilize parks or their facilities for business gain, whether for profit or otherwise, except those concessionaires or groups who have followed procedures, met established requirements, paid appropriate program charges and have been authorized by the Director. 23.0Alcoholic Beverages and Drugs 23.1The sale of alcoholic beverages without a permit from the Division of Alcoholic Beverage Control and written permission from the Director is prohibited on lands and waters administered by the Division. 23.2No person under the age of twenty-one (21) years shall possess or consume alcoholic beverages of any type. Any person suspected of being in violation of this subsection, and who fails to provide sufficient identification to prove otherwise may, in addition to any other action taken, be evicted without refund of any fee. 23.3No person who is of legal age to possess or consume alcoholic beverages shall sell, give or in any way provide alcoholic beverages to a person under the age of twenty-one (21) years. 23.4No person under the influence of alcohol, narcotics or any other drug, to the extent of being considered publicly intoxicated, shall enter or remain upon or within lands or waters administered by the Division. 23.5The unlawful possession, use or consumption of narcotics, drugs, drug substances, or controlled substances and/or drug paraphernalia as listed and defined in Title 16, Delaware Code is expressly prohibited upon lands or waters or within facilities administered by the Division. 23.6Unless authorized by the Director the possession, consumption, or public display of alcoholic beverages or intoxicating liquors within or upon the following areas is prohibited: 23.6.1Brandywine Creek State Park -- Prohibited on all areas. 23.6.2Fort Delaware State Park -- Prohibited on all areas. 23.6.3Wilmington State Parks-Prohibited in all areas. 24.6.4Fox Point State Park-Prohibited in all areas. 23.6.5Specific Areas Within all State Parks -- All nature trails, nature preserves, youth camps public restrooms, bath houses, parking facilities, roadways, designated swimming areas, pools, surfboarding beach areas or other areas designated by the Director. 23.7No person shall operate or be in actual physical control of any motorized vehicle, vessel, bicycle or any other means of conveyance while under the influence of alcohol or any drug. 23.7.1Possession and/or use of any alcoholic beverage and/or drugs while aboard Division rental vessels shall be prohibited. 23.8The bringing in of draft beer in kegs or by a vehicle equipped to dispense draft beer shall not be permitted upon lands administered by the Division without prior written permission from the Director. 24.0Hunting, Fishing and Wildlife Management 24.1No person shall hunt, pursue, trap, shoot, injure, kill or molest in any way by gun, archery equipment or dog any wild bird or animal on lands or waters administered by the Division, nor shall any person have any such wild bird or animal in his possession; provided however, that such wild bird or animal was not hunted, pursued, trapped, injured or killed by gun, archery equipment or dog in areas designated by the Division for hunting when such hunting is lawful. 24.2Hunting may be permitted in certain areas as designated at times authorized by the Division. during legal game seasons set forth by the Division of Fish and Wildlife.Hunting shall be in accordance with State and Federal laws, rules and regulations. 24.3It shall be unlawful to display, possess or discharge firearms of any description, air rifles, B.B. guns, sling shots or archery equipment upon any lands or waters administered by the Division, except by those persons lawfully hunting in those areas specifically designated for hunting by the Division, or those with prior written approval of the Director. 24.4A Division Hunting Permit, A hunter registration card issued by the Division in addition to a valid Delaware hunting license, is required for hunting on lands administered by the Division that are opened for hunting. Permits Hunting registration cards shall be issued by the Park Administrator or Park Superintendent and shall be valid for the entire hunting season unless revoked for violations of hunting laws, rules or regulations. All hunting activities shall be regulated by permit the registration card and all permitcard holders shall abide by the conditions of said permit(s)the registration card. The permit This hunting registration card shall not be valid for deer hunting on any park where a drawing is held for assignment of deer stands or hunting areas. A special permit registration card is required in areas that regulate deer hunting by lottery. Persons hunting on State Park lands without a valid Division Hunting Permit or a special Deer Hunting Permit, when required, shall be in violation of these Regulations. 24.4.1OIn areas where elevated deer stands are provided, hunters must remain on their assigned stand during the shotgun season. Archery deer hunters must stay within the area assigned to their stand. 24.4.2Trapping is prohibited except for management purposes as authorized by the Director. 24.4.3Raccoon hunting is restricted to chase by dogs only, with firearms prohibited. Firearms are prohibited while raccoon hunting. 24.5Persons under the influence of alcoholic beverages, liquors or drugs or possessing and/or consuming alcoholic beverages, liquors or drugs shall not be permitted to hunt on Division lands. 24.6Fishing shall be permitted, in accordance with the laws and regulations as set forth by the Division of Fish and Wildlife. A fishing license is required for non-tidal waters. 24.6.1Fishing is not permitted in designated swimming areas and surfboard areas during day-use hours. 24.7The disturbance of nesting or interference with the raising of young of wildlife, including amphibians, reptiles, birds or mammals on any lands or waters administered by the Division is prohibited. 24.7.1The heronry at Pea Patch Island Nature Preserve shall be closed to the public from April 15 to October 15 of each year round. Entry without specific prior written authorization by the Division Director is prohibited. 24.8No person, pet or vehicle shall be permitted to enter an area designated and posted by the Division as a bird-nesting/breeding area. 24.9It shall be prohibited for any person to bring in or otherwise introduce any species of domestic or wild animal onto lands administered by the Division. 25.0Rates, Fees and Charges 25.1No person shall use or gain admittance to, or attempt to use or gain admittance to, any area or facilities for which a rate, fee, or charge is made by the Division or Department unless he/she pays the rate, fee or charge established by said Division or Department. 25.2The purchase or resale of a daily entrance fee ticket, except through an authorized Division agent, is prohibited. 25.3The use or attempt to use any altered daily entrance fee ticket is prohibited. 25.4The vehicle permit for entering a State Park shall be affixed to a conspicuous place on the vehicle as designated by the Division. Adhesive backing on the permit shall be used to attach the permit to the vehicle. Use of any other material or device to attach the permit shall be prohibited. 26.0Facility Rentals and Special Events 26.1No person shall make use of or attempt to make use of any State Park pavilion or other facility which has been reserved, unless they are a member of the family or group reserving the pavilion or facility. 26.2No person, group, or organization shall schedule, hold or conduct an activity or event that requires special arrangements, considerations and/or planning by the staff unless a written request is submitted to the Director or their designee for approval at least 72 hours 7 days prior to the holding of the activity or event. Such Additional costs may be charged for special arrangements, considerations and/or planning may include but not be limited to traffic and crowd control, parking, special equipment use, and the use of facilities for activities other than their intended purposes. 27.0Enforcement Powers 27.1In accordance with the provision set forth in 7Del.C. §4701(a)(8), the Division may employ personnel who shall have all the powers of investigation, detention and arrest, conferred by law on peace officers, sheriffs, or constables for the enforcement of the Division Rules and Regulations. 27.2Powers, duties and functions of Environmental Protection Officers Law Enforcement Officers of the Department of Natural Resources and Environmental Control: 27.2.1In accordance with 29 Del.C. §8003(a), Environmental Protection Officers Law Enforcement Officers of the Department of Natural Resources and Environmental Control shall see to the enforcement of all laws, regulations, rules, permits, licenses, orders and program requirements of the Department of Natural Resources and Environmental Control. 27.2.2Environmental Protection Officers Law Enforcement Officers of the Department of Natural Resources and Environmental Control shall have police powers similar to those of sheriffs, constables, peace officers and other police officers when enforcing the laws, rules, regulations, permits, licenses, orders and program requirements of the Department of Natural Resources and Environmental Control. Such police powers shall include, but not be limited to, powers of investigation, search, seizure, detention and arrest, conferred by law on sheriffs, constables, peace officers and other police officers. 27.2.3Environmental Protection Officers Law Enforcement Officers of the Department of Natural Resources and Environmental Control shall have the authority to serve and return summonses, subpoenas and warrants. 27.3Each employee vested with the enforcement responsibility as authorized in paragraphs a and b shall be required to show proper identification as issued by the Department of Natural Resources and Environmental Control or other county or state law enforcement agencies. 27.4No person shall willfully fail or refuse to comply with any lawful order or direction of any Enforcement Officer on lands or waters administered by the Division. 27.5Anyone interfering with enforcement personnel during the performance of their duty in enforcing these regulations shall be cited for "interfering with enforcement personnel in the performance of his or her duty". 28.0Penalty and Court Powers 28.1In accordance with the provisions set forth in the 7 Del.C. §4702(a), violators of the Rules and Regulations promulgated by the Department of Natural Resources and Environmental Control, Division of Parks and Recreation, shall be fined not less than $25.00 nor more than $250.00 and costs for each offense, or imprisoned not more than thirty (30) days or both. For each subsequent like offense, he/she shall be fined not less than $50.00 nor more than $500.00. In addition to such fines, costs or imprisonment, any person who is convicted of any violation involving the damage, destruction or removal of property owned or administered by the State shall be required to make restitution to the Department for replacement or restoration of such property. Furthermore, in lieu of or in addition to the aforesaid penalties, the court may order violators convicted of violations involving the damage, destruction, or removal of State Park property to perform work projects in State Parks. 28.2Justices of the Peace shall severally throughout the State have jurisdiction of violations of the Rules and Regulations of the Department of Natural Resources and Environmental Control, Division of State Parks and Recreation, throughout the state, with the condition that any person arrested for such violation be taken before the closest available magistrate in the county where such violation is alleged to have occurred. An arresting officer may issue a summons to any person arrested for any violation of these Rules and Regulations and have said person appear at a subsequent date at the Justice of the Peace Court which is the nearest available Justice of the Peace to the place of arrest during the regularly scheduled hours of said court. For the purposes of this Section, the summons for later appearance shall be sufficient to grant jurisdiction over the offense to the said nearest available Justice of the Peace. A Justice of the Peace is available when he is at his office or court. 28.3Failure to answer any summons issued for violations of these Rules and Regulations shall result in an additional charge of Failure to Answer Summons. 28.4Nothing contained herein shall preclude an action being brought in a court of equity for injunctive or other relief. 7 DE Reg. 1768 (6/1/2004) Effective Date: These Amended Rules and Regulations are to take full force and effect at midnight, June 30, 2002 Adoption: I, Christophe A.G Tulou, John A. Hughes, Secretary of the Department of Natural Resources and Environmental Control, hereby adopt and establish for the Division of Parks and Recreation the foregoing Rules and Regulations of the Department pursuant to Title 7, Delaware Code, Chapter 47, Subsection 4702(c). DateJohn A. Hughes, Secretary Department of Natural Resources and Environmental Control DEPARTMENT OF SAFETY AND HOMELAND SECURITYBAIL ENFORCEMENT AGENTSStatutory Authority: 24 Delaware Code, Section 5404(a) (24 Del.C. §5404(a)) ORDER Pursuant to the Guidelines in 29 Del.C. §10118 (a)(1)-(7), the Secretary of Safety and Homeland Security ("Secretary") hereby issues this Order. Following public notice held open until April 5, 2004 on the proposed amendment of promulgated rules and regulations 1.0 - Licensing; 4.0 - Firearms Policy; 5.0 - Nightstick, PR24, Mace, Peppergas, Chemical Spray, and Handcuffs; 6.0 - Training and 9.0 - Suspensions and Revocations, the Secretary makes the following Findings and Conclusions: Summary of Evidence and Information Submitted 1.The Secretary did not receive written evidence or information pertaining to the proposed amendment. 2.The Secretary expressed its desire to amend the rule to protect the public from a Bail Enforcement Agent that may endanger his or her safety while performing their duties. Findings of Fact 3.The public was given notice and the opportunity to provide the Secretary with comments, in writing, on the amendment of the rule. The written comments received are described in paragraph 1. 4.The Secretary finds that the amendment of this rule will protect the public from a Bail Enforcement Agent that may endanger his or her safety while performing their duties. 5.The Secretary finds that the amendment will have no adverse impact on the public. 6.The Secretary finds that the amendment is well written and describes its intent to protect the public from a Bail Enforcement Agent that may endanger his or her safety while performing their duties. Conclusion 7.The proposed rule amendment was promulgated by the Secretary in accord with the statutory duties and authority as set forth in 24 Del. C. Section 5504 et seq. and, in particular, 24 Del. C. Section 5504(a). 8.The Secretary deems this amendment necessary and expedient to the full and official performance of its duties under 24 Del. C. Section 5504 et. seq. 9.The Secretary concludes that the amendment of this rule will be in the best interests of the citizens of the State of Delaware. 10.The Secretary therefore adopts the amendment of this rule pursuant to 24 Del.C. Section 5504(a) and guidelines of 29 Del.C. Section 10118 of the Administrative Procedures Act. See, Strauss v. Silverman, Del. Supr., 399 A.2d 192 (1979) 11.This amended rule replaces 9.0 (9.3), in its entirety, and former rule or regulation heretofore promulgated by the Secretary. 12.) The effective date of this Order shall be April 23, 2004. 13.) Attached hereto and incorporated herein this order is the amended rule marked as exhibit A and executed simultaneously by the Secretary on the 23rd day of April, 2004. James L. Ford, Jr., Secretary APPROVED AS TO FORM: James Hanley, Esquire Deputy Attorney General April 23, 2004 Bounty Hunter/Bail Enforcement Agents Preamble These Rules & Regulations are promulgated pursuant to 24 Del.C. Section 5504(a) and the Secretary of Public Safety delegates his regulatory authority granted by Chapter 55 to the Division of State Police. 1.0Licensing 1.1Any individual applying for a bail enforcement agent ID card under Title 24 Chapter 55 must meet and maintain the following qualifications: 1.1.1Must not be convicted of any felony; and 1.1.2Must not have been convicted, within the last seven (7) years, of any two (2) of the following misdemeanors: theft, drug offenses, offensive touching, or assault III; and 1.1.3Must not have been convicted of any charge that bears a relationship to the performance of the bounty hunter as determined by the Detective Licensing Section; Must not have been convicted of any charge or been involved in any conduct that may impair the performance of the bail enforcement agent and endanger public safety as determined by the Detective Licensing Secion and 1.1.4Must not have been, as a juvenile, adjudicated as delinquent for conduct which, if committed by an adult, would constitute a felony, unless and until that person has reached their 25th birthday. 1.2An individual bail enforcement agent ID card will not be issued if there is a pending charge as listed in Section 1.1.1 or a pending charge as listed in Section 1.1.2 for an applicant with one (1) conviction of specified misdemeanor listed in Section 1.1.2. 1.3The individual bail enforcement agent applying for an ID card under Title 24 Chapter 55 must also meet the following qualifications: 1.3.1Must be at least 21 years of age; and 1.3.2Must complete the training qualifications set forth in Section 6.0; and 1.3.3If carrying a weapon, must meet and maintain the qualifications set forth in Section 4.0. 1.4The individual bail enforcement agent applying for an ID card under Title 24 Chapter 55 must submit the following for approval: 1.4.1A fee of $25 for a four (4) year ID card which shall expire and be renewable on the 4th anniversary date of the birth of the applicant next following the date of its issuance unless the birth date is February 29, in which event the license shall expire and be renewable on February 28 every 4th year; and 1.4.2Any and all applications required by the Detective Licensing Section; and 1.4.3Submit two (2) sets of fingerprints for a Delaware (CHRI) and Federal (FBI) criminal history record check. The Director of the State Bureau of Identification (SBI) determines the fee for this process. This subsection 1.4.3 does not apply to the renewal of ID cards, unless required by the Director of Detective Licensing. 1.5The ID cards are the property of the Delaware State Police and must be returned to the Detective Licensing Section upon expiration of the ID card or at the request of the Detective Licensing Section. 1.6A bail enforcement agent that has been issued an ID card by the Detective Licensing Section shall be required to have such card in their possession while in the performance of his or her duties. 1.7A bail enforcement agent must not be a member or employee of any Delaware Law Enforcement Organization, as defined by the Council on Police Training, or a member or employee of a law enforcement organization of any other local, state or federal jurisdiction. 1.8There will be no reciprocity with any other state regarding the issuing of an ID card to a bail enforcement agent. 2.0Badges, Patches, Advertisements 2.1No individual licensed under Title 24 Chapter 55 shall use any type of uniform or other clothing items displaying logos, badges, patches, or any other type of writing without first being approved by the Detective Licensing Section. Under no circumstances shall any item contain the seal or crest of the State of Delaware, any state of the United States, the seal or crest of any county or local sub division, or any facsimile of the aforementioned seals or crests. 2.2All advertisements or other forms of publication, subsequent to their use, are subject to review by the Detective Licensing Section for potential misrepresentation. If the Detective Licensing Section does not approve the advertisement or publication, it will forward its concerns to the licensee. Failure to correct the advertisement or publication will be considered a violation of these Rules & Regulations. 2.3The use of auxiliary lights, sirens, or any markings on vehicles is prohibited. 3.0Use Of Animals 3.1The use of animals is prohibited in the performance of any bail enforcement agent activity. 4.0Firearms Policy 4.1No person shall carry a firearm under this chapter unless the individual first completed and passed an approved 40-hour firearm course, instructed by a certified firearm instructor, recognized by the Detective Licensing Section. 4.2All persons licensed to carry a firearm under this chapter must be re-certified yearly, by an instructor as described in Section 4.1, by shooting a minimum of three (3) qualifying shoots a year. The shoots must be scheduled on at least two (2) separate days, with a recommended 90 days between scheduled shoots. Of the three (3) shoots, there will be one mandatory “low light” shoot. Simulation is permitted and it may be combined with a daylight shoot. All individuals must qualify with the same type of weapon that he/she will carry. The minimum passing score is 75%. 4.2.1All renewal shoot sheets must be submitted by January 31st of each year for the previous calendar year. 4.3All handguns must be either a revolver or semi-automatic and be maintained to factory specifications. Only the handguns with the following calibers are permitted: 4.3.19mm 4.3.2.357 4.3.3.38 4.3.4.40 4.4.5.45 4.4All ammunition will be factory fresh (no re-loads). 4.5Any person requesting to carry any shotgun, rifle, any type of weapon or apprehension device must first provide proof of training to the Detective Licensing Section for approval. 5.0Nightstick, PR24, Mace, Peppergas, Chemical Spray, And Handcuffs 5.1 To carry the above weapons/items a bail enforcement agent must have completed training by a Detective Licensing Section apporved insturctor, on each and every weapon/item carried. Proof of training, and any renewal training, must be provided to the Detective Licensing Section. Under no circumstances would a person be permitted to carry any other type weapon/item, unless first approved by the Detective Licensing Section. 6.0Training 6.1All bail enforcement agents licensed under Title 24 Chapter 55 must complete training in the following courses: Constitution/Bill of Rights, Laws of Arrest, Laws of Search & Seizure of Persons Wanted, Police Jurisdiction, Use of Deadly Force, and the Rules & Regulations of Bounty Hunters/Bail Enforcement Agents. 6.2This training will be waived for the initial licensing, but must be completed by January 19, 2003. Thereafter, the training must be completed prior to obtaining a license. The training must be completed prior to obtaining a license. 7.0Notification Of Apprehensions 7.1All bail enforcement agents licensed under Title 24 Chapter 55 are required to notify the police emergency 911 dispatch center (i.e., Recom, Kentcom, Suscom) of the appropriate police agency in which the apprehension will be attempted. 8.0Notification Of Arrest 8.1Anyone licensed under Title 24 Chapter 55 shall, excluding weekends and State holidays, notify the Detective Licensing Section within five (5) days of being arrested for a misdemeanor or felony crime. Failure to do so may result in the suspension or revocation of any individual. 9.0Suspensions And Revocations 9.1The Detective Licensing Section shall have the power to suspend or revoke any individual, licensed under Title 24 Chapter 55, that violates the Chapter or the promulgated Rules & Regulations. 9.2The Detective Licensing Section may suspend or revoke any individual, licensed under Title 24 Chapter 55, that has been arrested and that arrest could result in the conviction of any misdemeanor or felony as described in Section 1.0. 9.3Anyone whose license has been suspended, revoked, rejected, or denied is entitled to a hearing before the Secretary of Public Safety [the Department of] Safety and Homeland Security. 9.3.1Anyone requesting a hearing shall notify the Detective Licensing Section, in writing, within 30 days from the suspension, revocation, rejection, or denial and the hearing shall be scheduled at the earliest possible time. See 5 DE Reg. 1523 (1/1/02) STATE OF DELAWARE EXECUTIVE DEPARTMENT DOVER EXECUTIVE ORDER NUMBER FIFTY-FOUR RE:Creating Review Panels For School Assessments And Performance Standards WHEREAS, academic standards in English language arts, mathematics, science and social studies were developed by large stakeholder groups comprised of public school educators, higher education representatives, parents and members of the business community; and WHEREAS, those standards were approved by the State Board of Education in June 1995; and WHEREAS, in 1997 the Delaware General Assembly required the development of an assessment system to measure progress toward meeting those standards; and WHEREAS, the Delaware Student Testing Program (DSTP) in reading, writing, and mathematics has been administered to students in grades 3, 5, 8, and 10 since 1998; and WHEREAS, the General Assembly directed the Department of Education to identify five levels of individual student performance relative to state content standards to be used for identifying levels of proficiency; and WHEREAS, students in grades 3, 5, 8, and 10 who perform at Level II (below the standard) must participate in improvement activities and students who perform at Level I (well below the standard) must attend summer school and must show proficiency at the end of summer school in order to be promoted; and WHEREAS, concerns have been raised about the performance of students at grades 8 and 10 on the mathematics component of the DSTP; and WHEREAS, recent studies have shown that the DSTP is aligned to the academic content standards; and WHEREAS, a study completed by the National Center for Education Statistics shows a correlation between the DSTP reading and the National Assessment of Education Progress (NAEP) reading; and WHEREAS, no such study has been completed to determine a correlation between the DSTP mathematics and the NAEP mathematics assessment; and WHEREAS, students who graduate from public high schools must meet a specific level of proficiency in order to receive one of three levels of diploma (Distinguished, Standard or Basic); and WHEREAS, a review of student grade point averages and diploma indexes show a correlation between the two; and WHEREAS, it is appropriate to periodically review both the content standards and the assessments as well as the performance levels established for said assessments; and WHEREAS, Delaware’s accountability system holds students, teachers, schools and districts accountable for the academic achievement of all students; and WHEREAS, any change to the DSTP performance levels will affect all components of the system; and WHEREAS, the examination of the performance levels will be beneficial to the overall system; NOW, THEREFORE, I, RUTH ANN MINNER, GOVERNOR OF THE STATE OF DELAWARE DO HEREBY ORDER AND DECLARE: 1.The Delaware Department of Education shall convene a panel of three national experts in the areas of assessment, accountability, and/or standard setting. Said experts will be chosen as follows: one by Delaware Department of Education, one by the members of the Delaware Education Consortium (Delaware Chief School Officers Association, Delaware Association of School Administrators, Delaware State Education Association, Delaware School Boards Association, the State Board of Education and the Delaware Charter Schools Network) and one jointly chosen by the President Pro Tempore of the Senate and the Speaker of the House of Representatives. 2.The panel shall be provided with all applicable and related information regarding the development of the assessments, the setting of performance levels, and the design of the student accountability system from the Department of Education and from any other study or paper that has been produced by any other stakeholder groups. 3.The panel may also consider other sources of information from regional or national studies that have been conducted on related matters. 4.The panel shall also examine the levels of incentives and consequences associated with the student accountability system including requirements for student improvement activities such as Individual Improvement Plans, summer school, retention and promotion, and awarding of diplomas and scholarships. 5.The Department of Education shall also contract with three national experts to conduct a full review of the implementation of standards based curriculum in mathematics in both middle and high schools in Delaware. Said experts will be chosen in the same manner as the assessment panel, one by the Department of Education, one by the Education Consortium and one jointly chosen by the President Pro Tempore of the Senate and the Speaker of the House of Representatives. 6.To ensure public participation in the process, a posted public comment period shall be utilized to allow members of the public to submit written public comments to either or both panels. 7.The expert panel on assessment and accountability and the expert panel on curriculum shall present findings and recommendations regarding these issues, including a timeline for proposed implementation, to the Governor and the General Assembly not later than February 15, 2005. APPROVED: April 8, 2004 Ruth Ann Minner, Governor ATTEST: Harriet Smith Windsor Secretary of State STATE OF DELAWARE EXECUTIVE DEPARTMENT DOVER EXECUTIVE ORDER NUMBER FIFTY-FIVE RE:Creating The First State Historical Park Task Force WHEREAS, the City of Dover has been the seat of government in Delaware since 1777 and is home to one of the most beautifully preserved capitol complexes in the nation, featuring many sites of historic and cultural interest; and WHEREAS, in convention in Dover on December 7, 1787, the State of Delaware became the first of the 13 original states to ratify the U.S. Constitution, forever staking our claim to the nickname, “The First State”; and WHEREAS, educating Delaware citizens and youth about the significant historical events and the diverse heritage of the City of Dover and the State can be a powerful tool in building our sense of community; and WHEREAS, each year thousands of visitors come to Dover’s historic area to enjoy its hidden treasures while more than 1 million cars drive past Dover - unaware of the rich historical and cultural offerings of the area; and WHEREAS, attracting more visitors to downtown Dover will help existing businesses grow, create new jobs, and ensure the area’s continued vitality; and WHEREAS, many of the treasured sites in the downtown area are owned by the State, including Legislative Hall, the Governor’s House at Woodburn, the Delaware Public Archives, the Delaware State Museums’ Visitor Center, the State House Museum, the Johnson Victrola Museum, Legislative Mall, the Delaware Museum of Small Town Life and the Delaware Archaeology Museum, and the Biggs Museum of American Art is located in a State-owned building, and together these sites are operated by as many as six different agencies and organizations; and WHEREAS, the State has not fully exploited opportunities to coordinate visitor hospitality services, hours of operation, educational programming, marketing, signage, and other infrastructure in order to improve visitor experiences, enhance Delawareans’ quality of life, and grow the local economy; and WHEREAS, the Delaware Department of State, the Delaware Department of Natural Resources and Environmental Control, and the Delaware Economic Development Office have signed a Memorandum of Understanding setting forth certain commitments to improve coordination of such visitor services. 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 as follows, this 22nd day of April, 2004: 1.The First State Historical Park Task Force is hereby created for the purpose of recommending to the Governor, the General Assembly and State agencies, actions that should be undertaken to develop a non-traditional “park without boundaries” encompassing the State-owned historic sites within the Dover historic district. 2.The Task Force shall consist of thirteen members, who shall be selected as follows: a.A representative from the Governor’s Office, to be appointed by the Governor; b.One representative of the Delaware State Senate, to be appointed by the President Pro Tempore; c.One representative of the Delaware House of Representatives, to be appointed by the Speaker of the House; d.One representative of the Office of Legislative Council to be appointed by the President Pro Tem of the Senate and Speaker of the House of Representatives; e.A representative from the Delaware Judicial Branch, to be appointed by the Chief Justice; f.The Mayor of Dover, or his designee; g.A representative of the Downtown Dover Development Corporation, to be appointed by its Chair; h.A representative of Dover Main Street, to be appointed by its President; i.A representative of the Kent County Tourism Board, to be appointed by its President; j.A representative of the Biggs Museum of American Art, to be appointed by its President; k.A member of the Delaware Heritage Commission to be appointed by its Chairman; l.Two residents of the Dover community, to be appointed by the Governor; m.Cabinet Secretaries or their designees representing each of the following government agencies: Department of State, Department of Natural Resources and Environmental Control, and the Delaware Economic Development Office. 3.The Governor shall appoint a Chair from among the members of the Task Force who shall serve as Chair at her pleasure. Members of the Task Force shall serve while they hold office or at the pleasure of the persons appointing them. 4.The Chair of the Task Force may form working groups that shall include members from the Task Force as well as members of the public with interest and/or expertise in the objectives of the Task Force. Each working group shall be chaired by a member of the Task Force. In addition to those agencies represented on the Task Force, all other state agencies are directed to provide reasonable support and planning assistance to the Task Force including, but not limited to, the Office of State Planning, the Office of Facilities Management, the Department of Transportation, and Capitol Police. 5.The Task Force shall develop a list of recommendations to be included with a First State Historical Park Plan currently under development by certain State agencies. A preliminary set of recommendations shall be submitted to the Governor no later than October 1, 2004. A final report and set of recommendations shall be submitted to the Governor and the Delaware General Assembly no later than March 1, 2005. 6.Recommendations shall address the following issues: a.Coordinated visitor hospitality services; b.Synchronized hours of operation, consistent look for park’s signage, literature, and other forms of identity; c.Comprehensive visitor information at all sites; d.Enhanced interpretive services and complementary educational programming across sites with a focus on children and family-oriented programming throughout the park; e.Marketing and partnerships with tourism industry; f.Security; g.Infrastructure enhancements to enable better self-guided walking trails as well as alternative transportation modes within the historic district; h.Other infrastructure in order to improve visitor experiences; and i.Identification of long-term goals and objectives. Board of Examiners of PsychologistsMs. Diane Amery6/20/2005 Board of Plumbing ExaminersMr. Robert J. Briccotto, Jr.9/14/2004 Mr. Thomas Ciconte4/19/2007 Board of Speech/Language Pathologists, Audiologists,Ms. Ilene Cohen Courtright4/19/2007 and Hearing Aid DispensersMs. Bernadette D. Farley1/7/2005 Mr. Michael A. Michelli4/19/2007 Child Placement Review Board Executive CommitteeMr. Ronney J. Bythwood4/19/2007 Child Placement Review Board - New CastleMs. Caroline N. Bither4/19/2007 Ms. Phyllis N. Faulkner4/19/2007 Mr. Lou Himelreich4/19/2007 Ms. Elma E. Jackson4/19/2007 Ms. Clementine J. Light4/19/2007 Ms.Yahna Talley4/19/2007 Child Protection Accountability CommissionMs. Merrijane PiercePleasure of the Governor Council of Delaware Association of ProfessionalMr. Frank Newton1/14/2006 EngineersMr. Dennis L. Schrader4/19/2008 Council on ForestryMr. Joseph C. Wick4/19/2007 Council on Social ServicesMs. Laura B. Hummel4/19/2007 Council on TransportationMr. Brian M. McGlinchey4/16/2007 Delaware Bicycle CouncilMr. Douglas R. Mills10/20/2006 Delaware Health Resources BoardMr. Richard J. Cherrin4/19/2007 Mr. Robert F. Miller4/19/2007 Ms. Suzanne E. Raab-Long4/19/2007 Delaware Perinatal BoardMs. Betty J. PaulankaPleasure of the Governor Delaware Sentencing Accountability CommissionMr. Bernard V. Pepukayi4/16/2008 Delaware Technology ParkPasquale N. Confalone, Ph.D.Pleasure of the Governor Enhanced 911 Emergency Reporting System ServiceMr. Michael P. Cebrick4/8/2007 Board Environmental Appeals BoardMs. Nancy J. ShevockPleasure of the Governor Governor’s Council on Lifestyles & FitnessAvron Abraham, Ph.D.4/19/2006 Michael J. Axe, M.D.4/19/2006 Ms. Lisa C. Barkley4/19/2006 Ms. Martha C. Bogdan4/19/2006 Ms. Evelyn P. Burkle4/19/2006 The Honorable John C. Carney, Jr.4/19/2006 Mr. Thomas Hall4/19/2006 Ms. Annette Hubbard4/19/2006 Mr. Donald L. Kjelleren4/19/2006 Lynn Snyder-Mackler, Sc.D., PT4/19/2006 Mr. David Tiberi4/19/2006 Ms. Joann Wilkins4/19/2006 D. Allan Waterfield, Ph.D.4/19/2006 Public Integrity CommissionReverend P. David Brumbaugh1/16/2010 State Emergency Response CommissionMr. John C. Taylor4/16/2006 State Examining Board of Physical TherapistsMs. Katherine L. Daniello4/19/2007 Mr. Vincent J. Deleo4/19/2007 Ms. Sharon L. Harris6/5/2005 Interagency Council on Adult LiteracyMs. Sherese B. CarrPleasure of the Governor Ms. Helen GroftPleasure of the Governor Violent Crimes Compensation BoardMr. Thomas W. Castaldi4/8/2007 Vocational Rehabilitation Advisory Council for D.V.I.Ms. Verita A. Turner4/19/2007 DEPARTMENT OF TRANSPORTATIONSpeed Restriction For Highways Using Variable Speed Limit Technology WHEREAS, Section 141, Title 17, Delaware Codedesignates jurisdiction over and control of all State highways of the State outside the limits of incorporated towns and cities to the Department of Transportation for the purpose of regulating traffic and the use of vehicles thereover; and WHEREAS, the Department of Transportation was further authorized by Section 4169, Title 21, Delaware Code, and in 73 Del.Laws, Chapter 95, Section 97(b) to install Variable Speed Limit (VSL) signs and Variable Message Signs (VMS) for major limited access and heavily traveled roads of the State; and WHEREAS, as part of this authorization in 73 Del.Laws, Chapter 95, Section 97(b), the Department of Transportation and the Department of Public Safety (now Department of Homeland Security) were also directed to conduct broad public notification and education efforts relating to the conditions under which these signs will be used to control safe speeds on Delaware’s highways; and WHEREAS, the Department of Transportation determined on the basis of an engineering study and traffic investigation to implement the VSL and VMS sign programs, in keeping with a Memorandum of Understanding dated June 10, 2002, and a set of Standard Operating Procedures (SOPs) for this purpose, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED, that the Department of Transportation, in accordance with the authority so vested in it, does hereby declare that it will use the VSL SOPs and the systems now in place along those portions of State highways on which the VSL technology has been installed, namely Interstate 495 in New Castle County. BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the proper officials of the Department of Transportation and the Delaware State Police, and that additional copies of the resolution be posted at an appropriate location on the State of Delaware’s website, as well as in the Delaware Register of Regulations, operated by the Division of Research of Legislative Council. Donald Weber, P.E., Chief Traffic Engineer Memorandum of Agreement Delaware Department Of Transportation. And Department Of Public Safety Variable Speed Limit And Message Signs Program Purpose of Memorandum. Pursuant to 73 Del. Laws, Chapter 95, Section 97(b), the Delaware Department of Transportation (De1DOT) is authorized to install Variable Speed Limit (VSL) signs and Variable Message Signs (VMSes) for the major limited access and heavily traveled roads of the state. As part of this authorization, the Department of Public Safety (DPS) and the Department of Transportation are directed to insure broad public notification and education surrounding the conditions under which these signs will be used to control safe speeds on Delaware's highways. This Memorandum outlines how the two agencies will meet their respective responsibilities under the relevant Delaware law. Terms of the Memorandum. The two agencies agree as follows: 1.DeIDOT will cause to be installed the VSL signs and VMS equipment authorized under 73 Del. Laws, Chapter 95, Section 97(b). 2.DeIDOT and DPS will use a set of Standard Operating Procedures (SOPs) for the full implementation of this new program, a copy of which are attached to this Memorandum. These SOPs will permit lowering the displayed speed limit under defined conditions, including but not limited to a methodology to determine the proposed lowered speed limit; a process to notify the State Police and all users on the affected highways of any upcoming change in the posted speed limit; a mechanism to confirm that all such signs are displaying the desired speed limit; and a process to maintain an effective database record of the posted speed limits for enforcement purposes, and other relevant matters. 3.DelDOT and DPS will prepare and distribute educational and public relations materials to explain the VSL and VMS program, prior to and after its initial implementation 4.The Delaware State Police will enforce the speed limits posted under the VSL program, in keeping with their responsibilities and procedures. The executed signatures this 10th day of June of the respective Secretaries of the Department of Transportation and Department of Public Safety appearing below shall evidence their agreement to the terms of this Memorandum and their commitment to assure compliance with its terms on behalf of their respective staff assigned to carry out this program. ATTEST Christine Pochomis, Director of Administration For The Department Of Transportation Nathan Hayward III, Secretary ATTEST Amelia Maurer, Witness For The Department Of Public Safety James L. Ford, Secretary APPROVED AS TO FROM Frederick H. Schranck, Deputy Attorney General Variable Speed Limit (VSL) Sign System Standard Operating Procedures (SOP's) The variable speed limit (VSL) sign system is part of DelTrac and is operated at the Transportation Management Center (TMC). The VSL sign system is a tool to maintain safe driving conditions on major roadways in Delaware. The V.SL sign system is used to control safe speeds during traffic incidents and to lower vehicle speeds on ozone action days. The following are standard operating procedures to operate the VSL sign system. Participating Agencies Delaware Department of Transportation (DelDOT) Delaware Department of Public Safety-Delaware State Police (DSP) Other law enforcement agencies Elected public officials General The general reasons to implement the VSL sign system are, 1) traffic incidents, 2) extreme weather conditions 3) poor roadway surface conditions, and 4) ozone action days. Traffic incidents are crashes, maintenance operations, enforcement operations, special events and other unusual, nonrecurring traffic operation events. Extreme weather conditions are heavy precipitation, high winds and fog. Poor roadway surface conditions are ice and snow covered roadways, "black ice", or foreign substances spilled on the roadway. Ozone action days are announced by public agencies during weather conditions conducive to the formation of ground level ozone concentrations that are injurious to health. The decision to use the VSL sign system is made by the Chief Traffic Engineer or designated to the TMC managerand/or the TMC shift supervisor. The TMC operators, who are monitoring the roadway conditions or other public safety officials, prompt the call for a decision to use the VSL sign system. The “other public safety officials" are law enforcement officers from the state, county or city; emergency operations personnel; and elected public officials. There are both emergency and scheduled incidents that will institute the use of the VSL sign system. The emergency uses will arise when there are crashes, extreme weather and extreme roadway conditions. A preplanned program developed by the respective event sponsors and DeIDOT officials at the TMC establishes VSL sign settings for scheduled programs or special events. Ozone action days will prompt predetermined settings for signs in the VSL sign system. The procedures and guidelines to operate the VSL sign system in DelTrac are presented herein as standard operating procedures. The SOP's are part of the Memorandum of Agreement between the De1DOT and DSP, dated June 12, 2002. The SOPs will be reviewed annually in April by both agencies for the purpose of making revisions that will improve the operations and maintenance of the system. The DSP will enforce the varied speed limits, when posted according to these SOP's as the legal limit of travel speed the highways. Communications De1DOT personnel will operate the VSL sign system, which will be part of DelTrac's incident management program, from the Transportation Management Center (TMC) in Smyrna, Delaware. The TMC operator will call the DSP at 302-577-3010 to inform the DSP of a change of the VSL sign system displays according to these SOP guidelines. The DSP will call the TMC at 659-2400 or email to request a change to the VSL system displays according to these SOP guidelines. When the VSL signs are changed the State Police will be told who authorized the change to the VSL signs, why the speeds were changed, the time they were changed, what the changed speed limit is and where theywere changed. This information will be saved by DelDOT in a retrievable database. The VSL signs will be operated using a wireless 220 MHz radio system at the TMC that connects to radio communication towers throughout the state. A communication testing and polling process will continually monitor the signs' performance and the history of the sign's message. The TMC and DeIDOT will document the normal operation of the signs and record the speed message displayed on the VSL sign in a database for future use. A malfunction of the communications system to the signs or the sign itself will be automatically recorded and documented. The DSP may obtain written records of the speed limit displays upon request by calling or ernailing the TMC for such information. Speed Limit Variations VSL signs shall display speed limits ranging from 45 to 65 mph. The speed limits shown shall be multiples of 5 mph. An operator at the TMC employed by DelDOT, who will follow these written SOP guidelines and procedures to vary the speed limit sign messages, will control the speed limits shown. Traffic Incidents The speed limits will be varied by DelDOT operators at the TMC by decision of the Chief Traffic Engineer or delegated to the TMC Manager or at the request of the DSP for traffic incident management. DelDOT will lower the speed limit the following amounts for the following conditions: Reduce 5-10 mph 1.A roadway incident causes slower moving traffic and/or a traffic queue that presents a hazardous condition for approaching traffic. Upstream speed limits will be lowered 5-10 mph to lengthen driver perception-reaction time and reduce safe stopping distance for approaching traffic. The DSP may recommend lower speed limits. Incidents and queues will be observed and measured from TMC cameras and detectors. Experience will establish set speed limit scenarios that safely manage traffic flow past incidents. Either the police, a roadway user calling a 911 operator or someone at the TMC will notice a crash first. The police or the TMC operator may request the use of the VSL signsystem. Speed limits can be lowered upstream in both directions from the crash or incident. Lower speed limits will be posted in conjunction with information on Variable Message Signs (VMS) and traffic diversion plans created to respond to the circumstances of the incident. DSP may request a lower speed limit for the following reasons: Reduce 5-20 mph 1.Traffic crashes, disabled vehicles or traffic law enforcement incidents that require lower traffic speeds to safely manage bypassing traffic and/or to complete an accident investigation under lower and safer traffic speed conditions. 2.Emergency and medical treatment at a crash scene. 3.Evacuations and emergencies Planned, nonrecurring traffic incidents - Requests will be made and consideration given to lower speed limits for other traffic incidents of a planned, nonrecurring nature. These incidents may include but not be limited to roadway maintenance operations, law enforcement operations, traffic studies, and special events, such as official convoys or motorcades, parades, festivals or celebrations. Extreme Weather Conditions The speed limits will be varied by DelDOT operators at the TMC by decision of the Chief Traffic Engineer or delegated to the TMC Manager or at the request of the DSP for extreme weather conditions. DeIDOT will lower the speed limit the following amounts for the following conditions: Reduce 5-20 mph 1.Heavy precipitation. 2.High winds. 3.Reduced visibility due to precipitation, fog or smoke. DSP may request a lower speed limit for the same reasons. Reduce 5-20mph The DSP will maintain their discretion to ticket drivers who are traveling too fast for conditions regardless of the 'VSL posted speed. Poor Roadway Surface Conditions The speed limits will be varied by DeIDOT operators at the TMC by decision of the Chief Traffic Engineer or delegated to the TMC Manager or at the request of the DSP for poor roadway surface conditions. DelDOT will lower the speed limit the following amounts for the following conditions: Reduce 5-20 mph l.Ice and/or snow covered pavement 2."Black ice" patches on pavement 3Material and object spills on the roadway pavement or roadsides. DSP may request a lower speed limit for the same reasons. Reduce 5-20 rnph Ozone Action Days The speed limits will be varied by DeIDOT operators at the TMC by decision of the Chief Traffic Engineer or delegated to the TMC Manager or at the request of public officials for ozone action days. The speed limits may be varied by DeIDOT upon announcement from the Ozone Action Partnership and/or the Delaware Department of Natural Resources and Environmental Control (DNREC) that there is an ozone forecast for a specific code color ozone action day. DelDOT will lower the speed limits to reduce vehicle emissions on days when ground level ozone concentrations are expected too exceed the federal health based air quality standards. Delaware's chart for the National Ambient Air Quality Index specifies six levels of pollution. They are listed below with the corresponding speed reductions: 1. Green - good No Reduction 2. Yellow - moderate No Reduction 3. Orange - unhealthy for sensitive groups Reduce5-10 mph I-95, I-295 SR 1 N., SR 1 Exp. 50mph I-495, SR 1 S, 55mph 4. Red - unhealthyReduce10-15mph I-95, I -295 SR 1 N., SR 1 Exp. 50mph I -495, SR 1 S. 50mph 5. Purple - very unhealthyReduce10-20mph I -95, I-295 SR 1 N., SR 1 Exp. 45rnph I -495, SR 1 S. 45mph 6. Brown - hazardousReduce10-20mph I -95,I-295 SR 1 N., SR 1 Exp. 45mph I -495, SR 1 S. 45mph Documentation DelDOT will inform DSP immediately when there is a speed limit change on any VSL display by calling 302-577-3010. DelDOT will maintain and store a database of the VSL sign displays by specific sign location. De1DOT will provide this information to the DSP upon request for the purpose of completing accident reports and for giving testimony at court appearances. The database will be kept for 2 years. DEPARTMENT OF AGRICULTUREHARNESS RACING COMMISSIONThe Delaware Harness Racing Commission proposes amendments to Commission rules pursuant to 3 Del.C.§10005 and 29 Del.C. §10115. The Commission will accept written comments from June 1, 2004 through August 17, 2004. The Commission will hold a public hearing on the proposed rule amendments on August 18, 2004 at 10:15 a.m. at Harrington Raceway, Harrington, DE. Written comments should be submitted to John Wayne, Department of Agriculture, 2320 S. DuPont Highway, Dover, DE 19901. The Commission proposes to amend its Rules as follows: 1) enact a new rule 5.1.8.16 setting forth requirements for maintaining the confidentiality of test reports for the human drug testing program; and 2) delete rule 8.4.3.2.1 which currently provides that buckets and water shall be furnished by the State Veterinarian in the detention area where the specimens are collected from the horses. DELAWARE STANDARDBRED BREEDERS' FUND PROGRAMNOTICE The State of Delaware, Department of Agriculture’s Standardbred Breeders’ Fund (herein “the Fund”) hereby gives notice of its intention to adopt amended regulations concerning its enforcement procedures pursuant to the General Assembly’s delegation of authority to adopt such measures found at 29 Del.C. §4815(b)(3)b.2.D and in compliance with Delaware’s Administrative Procedures Act, 29 Del.C. §10115. The proposed amended regulations constitute a substantial revision of its regulations and more specifically set forth the powers and duties of the Fund’s Administrator, eliminate the Delaware Harness Racing Commission from the hearing process that currently exists for resolving disputes between horse owners and the Fund’s Administrator substituting in its stead a public hearing before the Fund, and allowing for appeals to the Superior Court of the State of Delaware from decisions by the Fund. The Fund requests, and will consider, timely filed written comments from interested individuals and groups concerning these proposed amended regulations. The deadline for the filing of such written comments will be thirty days (30) after these proposed amended regulations are promulgated in the Delaware Register of Regulations. Any such submissions should be mailed or delivered to Ms. Judy Davis-Wilson, Administrator, Delaware Standardbred Breeders’ Fund whose address is State of Delaware, Department of Agriculture, 2320 South duPont Highway, Dover, Delaware 19901. STATE BOARD OF EDUCATIONThe State Board of Education will hold its monthly meeting on Thursday, June 17, 2004 at 1:00 p.m. in the Townsend Building, Dover, Delaware. DEPARTMENT OF HEALTH AND SOCIAL SERVICESDIVISION OF SOCIAL SERVICESPublic Notice Fair Hearing Practices and Procedures 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 Division of Social Services Manual (DSSM) as it relates to fair hearing practices and procedures. 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 Implementation Unit, Division of Social Services, P.O. Box 906, New Castle, Delaware by June 30, 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. Summary Of Proposed Change DSSM 5311, Notification of Time and Place of Hearing. The change adds language to clarify that the ten day advance notice period in this rule refers to the date the fair hearing scheduling letter is mailed and not to the date the letter is received by certified mail. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROLDIVISION OF AIR AND WASTE MANAGEMENT WASTE MANAGEMENT SECTIONREGISTER NOTICE Title Of The Regulations: Delaware Regulations Governing Hazardous Waste(DRGHW) Brief Synopsis Of The Subject, Substance And Issues: In order for the State of Delaware to maintain authorization from the U. S. Environmental Protection Agency (EPA) to administer its own hazardous waste management program, the State must maintain a program that is equivalent to and no less stringent than the Federal program. To accomplish this, the State regularly amends the DRGHW by adopting amendments previously promulgated by EPA. In addition, the State will be proposing to make miscellaneous changes to the DRGHW that correct existing errors in the hazardous waste regulations, add clarification or enhance the current hazardous waste regulations. Notice Of Public Comment: The public hearing on the proposed amendments to DRGHW will be held on Wednesday June 23, 2004 starting at 6:00 p.m. in the Richardson and Robbins Auditorium, 89 Kings Highway, Dover, DE. Prepared By: Donald K. Short, Environmental Scientist, Solid and Hazardous Waste Management - (302) 739-3689 DIVISION OF FISH & WILDLIFE REGISTER NOTICE SAN # 2004-03 Title Of The Regulations: Delaware wildlife and non-tidal fishing regulations Brief Synopsis Of The Subject, Substance And Issues: To provide additional shotgun hunting days for deer in October and add 1 day to the October muzzleloader deer season. To increase the general bag limit for deer from 2 to 4 antlerless deer. To allow squirrel hunting during deer gun hunting days in October. To require that deer checked using the automated system be tagged with the hunters name, date of birth, date of kill and the deer registration number. Notice Of Public Comment: A public hearing will be held on June 30, 2004 in the DNREC Richardson and Robbins Building auditorium, 89 Kings Highway, Dover, DE starting at 7:00 p.m. Written comments for the record will be accepted for 30 days following publication of the amendments in the Delaware Register of Regulations. Written comments should be sent to The Delaware Division of Fish and Wildlife, 89 Kings Highway, Dover, DE 19901 Attention: Kenneth Reynolds Prepared By: Kenneth M. Reynolds (302) 653-2883May 6, 2004 DELAWARE RIVER BASIN COMMISSIONThe Delaware River Basin Commission will meet on Wednesday, June 2, 2004 at 10:00 a.m. in West Trenton, New Jersey. For more information contact Pamela M. Bush, Esq., Commission Secretary and Assistant General Counsel,, at 609-883-9500 extension 203. 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