Cumulative Tables........................................................................................................................................ 1458

PROPOSED

DEPARTMENT OF EDUCATION

Office of the Secretary

103 Accountability for Schools, Districts and the State..................................................................... 1467

501 State Content Standards............................................................................................................ 1476

502 Alignment of Local School District Curricula to the State Content Standards............................ 1477

DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Medicaid and Medical Assistance

Title XIX Medicaid State Plan Reimbursement Methodology for Medicaid Services......................... 1481

Division of Social Services

DSSM 11003.7.8 Special Needs Children........................................................................................ 1502

DEPARTMENT OF INSURANCE

1501 Medicare Supplement Insurance Minimum Standards................................................................... 1506

DEPARTMENT OF STATE

Division of Professional Regulation

1700 Board of Medical Practice........................................................................................................ 1506

Public Service Commission

Regulation Docket No. 61: Adoption of Rules to Establish an Intrastate Gas Pipeline

Safety Compliance Program....................................................................................................... 1508

FINAL

DEPARTMENT OF AGRICULTURE

Harness Racing Commission

501 Rules and Regulations, Section 10.0 Due Process and Disciplinary Action.............................. 1513

Thoroughbred Racing Commission

1001 Thoroughbred Racing, Section 15.0 Medication; Testing Procedures..................................... 1514

DEPARTMENT OF LABOR

Division of Industrial Affairs

Office of Workers’ Compensation

1341 Workers’ Compensation Regulation ........................................................................................ 1515

1342 Health Care Practice Guidelines.............................................................................................. 1515

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Division of Fish and Wildlife

3540 Sharks and 3581 Spiny Dogfish, Closure of Fishery................................................... 1517

DEPARTMENT OF STATE

Division of Professional Regulation

3700 Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers.............. 1525



Executive Orders:

Number 6; Creating a Complete Streets Policy....................................................................................... 1527

Number 7; Reducing Recidivism and Creating the Individual Assessment, Discharge and

Planning Team (I-ADAPT)................................................................................................................. 1528

CALENDAR OF EVENTS/HEARING NOTICES

State Board of Education, Notice of Monthly Meeting................................................................................. 1530

Dept. of Health and Social Services

Div. of Medicaid and Medical Assistance, Notice of Public Comment Period..................................... 1530

Div. of Social Services, Notices of Public Comment Periods................................................................ 1530

Dept. of Insurance, Notice of Public Comment Period................................................................................. 1531

Dept. of State, Div. of Professional Regulation

Board of Medical Practice, Notice of Public Hearing................................................................................ 1531

Public Service Commission, Notice of Public Hearing......................................................................... 1532





102 Delaware Health Information Network Regulations on Participation......................12 DE Reg. 540 (Prop.)

12 DE Reg. 979 (Final)

201 Delaware Manufactured Home Relocation Trust Fund Regulations.......................12 DE Reg. 59 (Final)

Water Code and Comprehensive Plan to Implement a Revised Water Audit Approach

to Identify and Control Water Loss..........................................................................12 DE Reg. 275 (Prop.)

Water Quality Regulations, Water Code and Comprehensive Plan to Classify the

Lower Delaware River as Special Protection Waters..............................................12 DE Reg. 310 (Final)

501 Regulations of the Delaware Solid Waste Authority................................................12 DE Reg. 375 (Prop.)

12 DE Reg. 1192 (Final)

Delaware State Fire Prevention Regulations, Part IX, Fire Service Standards .............12 DE Reg. 6 (Prop.)

Part VIII, Fire Department and Ambulance Company Administrative Standards

Chapter 1................................................................................................................12 DE Reg. 278 (Prop.)

12 DE Reg. 926 (Final)

Part IX, Fire Service Standards, Chapter 4, Minimum Requirements of the

Establishment of Fire Companies and Sub Stations...............................................12 DE Reg. 436 (Final)

301 Violent Crimes Compensation Board Rules and Regulations.................................12 DE Reg. 546 (Prop.)

12 DE Reg. 1150(Prop.)

12 DE Reg. 1193 (Final)

304 Exotic Animal Regulations................................................................................12 DE Reg. 388 (Prop.)

12 DE Reg. 1017(Prop.)

501 Harness Racing Rules and Regulations, 6.0 Type of Races

 and 8.0 Veterinary Practices, Equine Health Medication.................................12 DE Reg. 95 (Prop.)

12 DE Reg. 324 (Final)

12 DE Reg. 666 (Final)

501 Harness Racing Rules and Regulations, Section 7.0 Rules of the Race;

Section 10.0 Due Process and Disciplinary Action...........................................12 DE Reg. 554(Prop.)

12 DE Reg. 1074 (Final)

12 DE Reg. 1256(Prop.)

501 Harness Racing Rules and Regulations, 9.0 Pari-Mutuel Wagering................12 DE Reg. 864(Prop.)

12 DE Reg. 1305(Final)





502 Delaware Standardbred Breeders’ Fund Regulations, Sections

4.0, 9.0 and 14.0...............................................................................................12 DE Reg. 1358(Prop.)

1001 Thoroughbred Racing, Section 8.0 Jockeys and Apprentice Jockeys

Section 19.0 Hearings, Reviews and Appeals..................................................12 DE Reg. 1403 (Final)

1001 Thoroughbred Racing Rules and Regulations, 11.0 Entries, etc....................12 DE Reg. 394(Prop.)

12 DE Reg. 667 (Final)

1001 Thoroughbred Racing Rules and Regulations, 13.0 Claiming Races.............12 DE Reg. 201 (Final)

1001 Thoroughbred Racing, Section 15.0 Medication; Testing Procedures...........12 DE Reg. 1360(Prop.)

103 Accountability for Schools, Districts and the State............................................12 DE Reg. 202 (Final)

110 Teachers and Specialists Appraisal Process (Repeal) .....................................12 DE Reg. 204 (Rep.)

112 Addendum to Teachers and Specialists Appraisal Process (Repeal)...............12 DE Reg. 205 (Rep.)

115 School Level Administrator Appraisal Process (Repeal) .................................12 DE Reg. 207 (Rep.)

220 Diversity............................................................................................................12 DE Reg. 894 (Prop.)

12 DE Reg. 1203 (Final)

230 Promotion.........................................................................................................12 DE Reg. 556 (Prop.)

12 DE Reg. 932 (Final)

240 Recruiting and Training of Professional Educators for Critical Curricular

Areas................................................................................................................12 DE Reg. 895 (Prop.)

12 DE Reg. 1205 (Final)

245 Michael C. Ferguson Achievement Awards Scholarship..................................12 DE Reg. 398 (Prop.)

12 DE Reg. 780 (Final)

255 Definitions of Public School, Private School and Nonpublic School.................12 DE Reg. 108 (Prop.)

12 DE Reg. 668 (Final)

258 Federal Programs General Complaint Procedures ..........................................12 DE Reg. 208 (Final)

275 Charter Schools ...............................................................................................12 DE Reg. 211 (Final)

410 Satellite School Agreements.............................................................................12 DE Reg. 61 (Final)

502 Alignment of Local School District Curricula to the State Content Standards .12 DE Reg. 216 (Final)

505 High School Graduation Requirements and Diplomas.....................................12 DE Reg. 401 (Prop.)

12 DE Reg. 557 (Prop.)

12 DE Reg. 934 (Final)

506 Policies for Dual Enrollment and Awarding Dual Credit....................................12 DE Reg. 110 (Prop.)

12 DE Reg. 437 (Final)

525 Requirements for Career Technical Education Programs.................................12 DE Reg. 113 (Prop.)

12 DE Reg. 439 (Final)

12 DE Reg. 562 (Prop.)

12 DE Reg. 936 (Final)

540 Driver Education...............................................................................................12 DE Reg. 281 (Prop.)

12 DE Reg. 670 (Final)

603 Compliance with the Gun Free Schools Act.....................................................12 DE Reg. 9 (Prop.)

12 DE Reg. 325 (Final)

605 Student Rights and Responsibilities ................................................................12 DE Reg. 219 (Final)

608 Unsafe School Choice Option for Students in Persistently Dangerous

Schools and for Students who have been Victims of a Violent Felony .............12 DE Reg. 62 (Final)

611 Consortium Discipline Alternative Programs for Treatment of Severe

Discipline Problems...........................................................................................12 DE Reg. 707 (Prop.)

12 DE Reg. 1075 (Final)

612 Possession, Use or Distribution of Drugs and Alcohol.....................................12 DE Reg. 406 (Prop.)

12 DE Reg. 781 (Final)

615 School Attendance ...........................................................................................12 DE Reg. 221 (Final)

618 School Safety Audit..........................................................................................12 DE Reg. 711 (Prop.)





12 DE Reg. 1080 (Final)

620 School Crisis Response Plans, Repeal of........................................................12 DE Reg. 712 (Prop.)

12 DE Reg. 1081 (Final)

621 District and School Emergency Preparedness Policy......................................12 DE Reg. 714 (Prop.)

12 DE Reg. 1082 (Final)

716 Maintenance of Local School District and Charter School Personnel Records12 DE Reg. 116 (Prop.)

12 DE Reg. 443 (Final)

737 Tuition Billing for Special Schools and Programs.............................................12 DE Reg. 566 (Prop.)

12 DE Reg. 940 (Final)

745 Criminal Background Check for Public School Related Employment...............12 DE Reg. 11 (Prop.)

12 DE Reg. 327 (Final)

746 Criminal Background Check for Student Teaching ..........................................12 DE Reg. 17 (Prop.)

12 DE Reg. 329 (Final)

12 DE Reg. 1025(Prop.)

12 DE Reg. 1306(Final)

881 Releasing Students to Persons Other Than Their Parent, Guardian or 

Relative Caregiver............................................................................................12 DE Reg. 222 (Final)

901 Education of Homeless Children and Youth.....................................................12 DE Reg. 119 (Prop.)

12 DE Reg. 444 (Final)

915 James H. Groves High School ........................................................................12 DE Reg. 63 (Final)

925 Children with Disabilities Subpart D.................................................................12 DE Reg. 569 (Prop.)

12 DE Reg. 1084 (Final)

1105 School Transportation.....................................................................................12 DE Reg. 716 (Prop.)

12 DE Reg. 1086 (Final)

1502 Professional Growth Salary Increments.........................................................12 DE Reg. 572 (Prop.)

12 DE Reg. 942 (Final)

1506 Emergency Certificate....................................................................................12 DE Reg. 1027(Prop.)

12 DE Reg. 1412 (Final)

1510 Issuance of Initial License..............................................................................12 DE Reg. 577 (Prop.)

12 DE Reg. 945 (Final)

1513 Denial of Licenses..........................................................................................12 DE Reg. 1031(Prop.)

12 DE Reg. 1307(Final)

1514 Revocation of Licenses and Certificates........................................................12 DE Reg. 1035(Prop.)

12 DE Reg. 1307(Final)

1531 Middle Level English Language Arts Teacher................................................12 DE Reg. 332 (Final)

1532 Middle Level Mathematics Teacher................................................................12 DE Reg. 333 (Final)

1533 Middle Level Science Teacher........................................................................12 DE Reg. 335 (Final)

1534 Middle Level Social Studies Teacher..............................................................12 DE Reg. 336 (Final)

1552 Career and Technical Specialist.....................................................................12 DE Reg. 338 (Final)

1559 Trade and Industrial Education Teacher.........................................................12 DE Reg. 584 (Prop.)

12 DE Reg. 952 (Final)

1561 Bilingual Teacher............................................................................................12 DE Reg. 339 (Final)

1562 English to Speakers of Other Languages (ESOL) Teacher............................12 DE Reg. 341 (Final)

1572 Teacher of Students Who Are Gifted and Talented.........................................12 DE Reg. 409 (Prop.)

12 DE Reg. 785 (Final)

1580 School Library Media Specialist.....................................................................12 DE Reg. 901 (Prop.)

12 DE Reg. 1206 (Final)

1597 Delaware Professional Teaching Standards...................................................12 DE Reg. 904 (Prop.)

12 DE Reg.1208 (Final)

DEPARTMENT OF HEALTH AND SOCIAL SERVICES

2100 Eligibility Criteria.............................................................................................12 DE Reg. 738 (Prop.)





3201 Skilled and Intermediate Care Nursing Facilities............................................12 DE Reg. 592 (Prop.)

12 DE Reg. 960 (Final)

DSSM: 14710 Income............................................................................................12 DE Reg. 1153(Prop.)

12 DE Reg. 1416 (Final)

14900 Enrollment in Managed Care...........................................................12 DE Reg. 446 (Final)

15120.2 Financial Eligibility........................................................................12 DE Reg. 1044(Prop.)

15120.2 Financial Eligibility........................................................................12 DE Reg. 1320(Final)

16230.1.2 Self-Employment Income...........................................................12 DE Reg. 1044(Prop.)

12 DE Reg. 1320(Final)

16500.1 Eligibility Requirements................................................................12 DE Reg. 1044(Prop.)

12 DE Reg. 1322(Final)

17800 Medical Assistance During Transition to Medicare Program...........12 DE Reg. 270 (Emer)

12 DE Reg. 284 (Prop.)

12 DE Reg. 788 (Final)

17900 Medicaid for Workers with Disabilities.............................................12 DE Reg. 446 (Final)

20320 Ownership of Real Property by Institutionalized Individuals............12 DE Reg. 1324(Final)

20700.6 - 20700.6.7, Attendant Services Waiver, Repeal of......................12 DE Reg. 740 (Prop.)

12 DE Reg. 1088 (Final)

20800 Long Term Care - Acute Care Program (SSI)..................................12 DE Reg. 123 (Prop.)

20810 Treatment of Couples in Medical Institutions...................................12 DE Reg. 224 (Final)

Pharmaceutical Services Program - Tamper-Resistant Prescription Pads.12 DE Reg. 20 (Prop.)

12 DE Reg. 342 (Final)

1915(c) Home and Community-Based Services Waiver for the Elderly

and Disabled.....................................................................................................12 DE Reg. 1362(Prop.)

Title XIX Medicaid State Plan

Attachment 2.2-A, Page 18...............................................................................12 DE Reg. 284 (Prop.)

12 DE Reg. 788 (Final)

Attachment 2.2-A, Page 23C.............................................................................12 DE Reg. 446 (Final)

Attachment 2.6-A, Pages 12c through 12o.......................................................12 DE Reg. 446 (Final)

Attachment 2.6-A, Supplement 6......................................................................12 DE Reg. 284 (Prop.)

12 DE Reg. 788 (Final)

Attachment 2.6-A, Supplement 8A, Page 2.......................................................12 DE Reg. 1153(Prop.)

12 DE Reg. 1416 (Final)

Attachment 2.6-A, Supplement 12, Page 2a12 DE Reg. 1153(Prop.)

12 DE Reg. 1416 (Final)

Delaware Healthy Children Program (DHCP)...................................................12 DE Reg. 1153(Prop.)

12 DE Reg. 1416 (Final)

Medicaid Integrity Program, Page 79y (4.43)....................................................12 DE Reg. 226 (Final)

School-Based Health Services, Attachment 3.1-A............................................12 DE Reg. 228 (Final)

Third Party Data Exchange...............................................................................12 DE Reg. 65 (Final)

4202 Control of Communicable and Other Disease Conditions, Section 7.6,

Hospital Acquired Infections..............................................................................12 DE Reg. 913 (Prop.)

12 DE Reg. 1418 (Final)

4403 Free Standing Birthing Centers.......................................................................12 DE Reg. 235 (Final)

4406 Home Health Agencies, Aide Only (Licensure)..............................................12 DE Reg. 412 (Prop.)

12 DE Reg. 1209(Final)

4410 Skilled Home Health Agencies Licensure.......................................................12 DE Reg. 412 (Prop.)

12 DE Reg. 1217(Final)





DSSM1000 Responsibility for the Administration of Delaware’s Assistance 

Programs12 DE Reg. 126 (Prop.)

12 DE Reg. 453 (Final)

1003 Confidentiality....................................................................................12 DE Reg. 126 (Prop.)

12 DE Reg. 453 (Final)

1003.4 Court Appointed Special Advocate.................................................12 DE Reg. 743 (Prop.)

12 DE Reg. 1095 (Final)

3006 TANF Employment and Training Program.........................................12 DE Reg. 288 (Prop.)

12 DE Reg. 793 (Final)

5304.2 Nursing Facility Discharge Notice Hearings...................................12 DE Reg. 242 (Final)

5304.5 Jurisdiction for Hearings over Medicaid Program Services............12 DE Reg. 242 (Final)

9007.1 Citizenship and Alien Status ..........................................................12 DE Reg. 128 (Prop.)

12 DE Reg. 455 (Final)

9008 Residency..........................................................................................12 DE Reg. 1048(Prop.)

12 DE Reg. 1326(Final)

9029 Household Cooperation.....................................................................12 DE Reg. 918 (Prop.)

9029 Household Cooperation.....................................................................12 DE Reg. 1225 (Final)

9044.1 Newly-Certified Households...........................................................12 DE Reg. 22 (Prop.)

12 DE Reg. 344 (Final)

9046 Definition of Resources.....................................................................12 DE Reg. 744 (Prop.)

12 DE Reg. 1090 (Final)

9049 Resources Excluded for Food Stamp Purposes................................12 DE Reg. 744 (Prop.)

12 DE Reg. 1090 (Final)

9060 Income Deductions............................................................................12 DE Reg. 135 (Prop.)

12 DE Reg. 462 (Final)

9064.4 Anticipating Expenses....................................................................12 DE Reg. 1051(Prop.)

12 DE Reg. 1329(Final)

9065 Calculating Net Income and Benefit Levels.......................................12 DE Reg. 1051(Prop.)

12 DE Reg. 1329(Final)

9068.1 Certification Period Length.............................................................12 DE Reg. 135 (Prop.)

12 DE Reg. 462 (Final)

9085 Reporting Changes............................................................................12 DE Reg. 135 (Prop.)

12 DE Reg. 462 (Final)

9086 Mass Changes...................................................................................12 DE Reg. 1051(Prop.)

12 DE Reg. 1329(Final)

9093 Electronic Benefit Transfer (EBT)......................................................12 DE Reg. 751 (Prop.)

12 DE Reg. 1092 (Final)

11003.7.8 Special Needs Children.............................................................12 DE Reg. 1363(Prop.)

11006.4.1 Absent Day Policy.....................................................................12 DE Reg. 1366(Prop.)

6001 Substance Abuse Facility Licensing Standards.............................................12 DE Reg. 464 (Final)

301 Audited Financial Reports [Formerly Regulation 50]..............................................12 DE Reg. 140 (Prop.)

12 DE Reg. 480 (Final)

305 Actuarial Opinion and Memorandum Regulation....................................................12 DE Reg. 1367(Prop.)

606 Proof of Automobile Insurance................................................................................12 DE Reg. 23 (Prop.)

12 DE Reg. 346 (Final)

803 Workers’ Compensation Data Collection................................................................12 DE Reg. 610 (Prop.)

12 DE Reg. 973 (Final)

804 Workers’ Compensation Provision of Services Contracts.......................................12 DE Reg. 920 (Prop.)

1212 Valuation of Life Insurance Policies......................................................................12 DE Reg.1135(Emer.)

12 DE Reg. 1157(Prop.)





1215 Recognition of Preferred Mortality Tables for use in Determining Minimum Reserve 

Liabilities.................................................................................................................12 DE Reg.1146(Emer.)

12 DE Reg.1167 (Prop.)

1301 Internal Review, Arbitration and Independent Utilization Review of Health

Insurance Claims.....................................................................................................12 DE Reg. 611 (Prop.)

12 DE Reg. 974 (Final)

1311 Office of Anti-Discrimination Rules and Regulations.......................................12 DE Reg. 158 (Prop.)

12 DE Reg. 797 (Final)

1341 Workers’ Compensation Regulations.............................................................12 DE Reg. 67 (Final)

12 DE Reg.1266 (Prop.)

1342 Health Care Practice Guidelines.....................................................................12 DE Reg.1266 (Prop.)

1101 Definitions and Administrative Principles, Section 2.0 Definitions..................12 DE Reg. 1392(Prop.)

1138 Emission Standards for Hazardous Air Pollutants for Source Categories,

Section 9.0........................................................................................................12 DE Reg. 620 (Prop.)

1138 Emission Standards for Hazardous Air Pollutants for Source Categories,

Section 9.0........................................................................................................12 DE Reg. 1097 (Final)

Section 11.0.......................................................................................................12 DE Reg. 38 (Prop.)

12 DE Reg. 481 (Final)

1141 Limiting Emissions of Volatile Organic Compounds from Consurmer and

Commercial Products, Sections 2.0 and 4.0.....................................................12 DE Reg. 921 (Prop.)

12 DE Reg. 1333(Final)

1146 Electric Generating Unit (EGU) Multi-Pollutant Regulation, Table 5-1...........12 DE Reg. 1395(Prop.)

1147 CO2 Budget Trading Program.........................................................................12 DE Reg. 290 (Prop.)

12 DE Reg. 674 (Prop.)

1302 Regulations Governing Hazardous Waste......................................................12 DE Reg. 413 (Prop.)

12 DE Reg. 808 (Final)

1302 Regulations Governing Hazardous Waste,

Part 261 - Identification and Listing of Hazardous Waste, Sections 261.4

and 261.39..................................................................................................12 DE Reg. 1170(Prop.)

12 DE Reg. 1428 (Final)

Part 262 - Standards Applicable to Generators of Hazardous Waste,

Section 262.21, Appendix and Manifest 8700-22.......................................12 DE Reg.1170 (Prop.)

12 DE Reg. 1428 (Final)

Part 264 - Standards for Owners and Operators of Hazardous Waste

Treatment Storage and Disposal Facilities, Section 264.151.....................12 DE Reg.1170 (Prop.)

12 DE Reg. 1428 (Final)

1351 Delaware Regulations Governing Underground Storage Tank Systems,

Parts A through H..............................................................................................12 DE Reg.1267 (Prop.)

Administrative and Non-Substantive Changes in Regulations Governing the 

Control of Air Pollution (State Implementation Plans).......................................12 DE Reg. 29 (Prop.)

12 DE Reg. 347 (Final)

Division of Fish and Wildlife

3203 Seasons and Area Closed to Taking Horseshoe Crabs..................................12 DE Reg. 423 (Prop.)

12 DE Reg. 975 (Final)

3214 Horseshoe Crab Annual Harvest Limit...........................................................12 DE Reg. 423 (Prop.)

12 DE Reg. 975 (Final)

3311 Freshwater Fisherman Registry......................................................................12 DE Reg. 167 (Prop.)

12 DE Reg. 493 (Final)





3504 Striped Bass Possession Size Limit; Exceptions............................................12 DE Reg. 922 (Prop.)

12 DE Reg. 1228 (Final)

3507 Black Sea Bass Size Limits; Trip Limits; Seasons; Quotas............................12 DE Reg. 1174(Prop.)

12 DE Reg. 1430 (Final)

3511 Summer Flounder Size Limits; Possession Limits; Seasons..........................12 DE Reg. 1174(Prop.)

12 DE Reg. 1430 (Final)

3541 Atlantic Sharks...............................................................................................12 DE Reg. 1283(Prop.)

3581 Spiny Dogfish, Closure of Fishery..................................................................12 DE Reg. 1283(Prop.)

3567 Tidal Water Fisherman Registry.....................................................................12 DE Reg. 167 (Prop.)

12 DE Reg. 493 (Final)

3901 Wildlife, Sections 3.0, 5.0, 7.0, 8.0, 20.0 and 21.0 ........................................12 DE Reg. 169 (Prop.)

12 DE Reg. 496 (Final)

3901 Wildlife, Section 19.0 Bald Eagle Protection (Withdrawn)..............................12 DE Reg. 69 (Final)

5103 Delaware Dam Safety Regulations................................................................12 DE Reg.1288 (Prop.)

7403 Regulations Governing the Pollution Control Strategy for the Indian River,

Indian River Bay, Rehoboth Bay and Little Assawoman Bay Watersheds........12 DE Reg. 677 (Final)

7404 Total Maximum Daily Load (TMDL) for Zinc in the Red Clay Creek, DE........12 DE Reg. 425 (Prop.)

12 DE Reg. 1230(Final)

3400 Board of Examiners of Constables, Sections 3.0 and 4.0..............................12 DE Reg. 629 (Prop.)

12 DE Reg. 977 (Final)

3400 Board of Examiners of Constables, Section 4.0 Employment........................12 DE Reg. 427 (Prop.)

3400 Board of Examiners of Constables, Section 4.0 Employment........................12 DE Reg. 977 (Final)

103 Family Child Care Homes............................................................................12 DE Reg. 810 (Final)

104 Large Family Child Care Homes......................................................................12 DE Reg. 810 (Final)

300 Board of Architects...........................................................................................12 DE Reg. 70 (Final)

400 Gaming Control Board, Regulations 401, 402, 403 and 404............................12 DE Reg. 357 (Final)

500 Board of Podiatry, Licenses (In-Training, Lapse/Renewal, Inactive)................12 DE Reg. 817 (Final)

1400 Board of Electrical Examiners, Sections 1.0 through 3.0, 5.0 through 7.0, 

and 15.0............................................................................................................12 DE Reg. 73 (Final)

1700 Board of Medical Practice, Section 30.0 Patient Records; Fee Schedule

for Copies..........................................................................................................12 DE Reg. 1053(Prop.)

2000 Board of Occupational Therapy Practice........................................................12 DE Reg. 631 (Prop.)

12 DE Reg. 1232(Final)

2500 Board of Pharmacy, Sections 11 and 18........................................................12 DE Reg. 48 (Prop.)

2600 Examining Board of Physical Therapists and Athletic Trainers......................12 DE Reg. 53 (Prop.)

12 DE Reg. 503 (Final)

2925 Real Estate Commission, Section 6.0, Program Criteria and Section 8.0,

Provider Responsibilities...................................................................................12 DE Reg. 74 (Final)

2930 Council on Real Estate Appraisers, Sections 2.0, 4.0 and 11.0.....................12 DE Reg. 753 (Prop.)

3100 Board of Funeral Services..............................................................................12 DE Reg. 633 (Prop.)

12 DE Reg. 1335(Final)

3300 Board of Veterinary Medicine.........................................................................12 DE Reg. 761 (Prop.)

12 DE Reg. 1233(Final)





3500 Board of Examiners of Psychologists, Section 7.0 Supervised Experience...12 DE Reg. 636 (Prop.)

12 DE Reg. 1108 (Final)

3500 Board of Examiners of Psychologists, Section 10.0 Continuing Education,

and Section 13.0 License Renewal...................................................................12 DE Reg. 1397(Prop.)

3700 Board of Speech/Language Pathologists, Audiologists and Hearing Aid

Dispensers........................................................................................................12 DE Reg. 1289(Prop.)

3800 Committee on Dietetics/Nutrition....................................................................12 DE Reg.1179 (Prop.)

3900 Board of Clinical Social Work Examiners, Section 4.0 Professional

Supervision.......................................................................................................12 DE Reg. 775 (Prop.)

12 DE Reg. 1435 (Final)

5300 Board of Massage and Bodywork, Sections 1.0, 2.0 and 7.0.........................12 DE Reg. 75 (Final)

8800 Boxing and Combative Sports Entertainment.................................................12 DE Reg. 637 (Prop.)

12 DE Reg. 1054(Prop.)

12 DE Reg. 1437 (Final)

Uniform Controlled Substance Act Regulations.......................................................12 DE Reg. 301(Prop.)

1501 Equal Accommodations Regulations..............................................................12 DE Reg. 179 (Prop.)

(Renumbered to 601)12 DE Reg. 505 (Final)

1502 Fair Housing Regulations...............................................................................12 DE Reg. 179 (Prop.)

12 DE Reg. 814 (Final)

2401 Mortgage Loan Originator Licensing...............................................................12 DE Reg. 430 (Prop.)

12 DE Reg. 818 (Final)

3008 Rules and Procedures to Implement the Renewable Energy Portfolio

Standards Act (Opened August 23, 2005)........................................................12 DE Reg. 291 (Prop.)

12 DE Reg. 1110 (Final)

Docket No. 49: The Creation of a Competitive Market for Real Electric Supply

Service.............................................................................................................12 DE Reg. 518 (Final)

Docket No. 60: Integrated Resource Planning for the Provision of Standard Offer

Service by Delmarva Power & Light Company.................................................12 DE Reg. 1293(Prop.)

Docket No. 61: Adoption of Rules to Establish an Intrastate Gas Pipeline Safety

Compliance Program........................................................................................12 DE Reg. 655 (Prop.)

2101 Freedom of Information Act (FOIA)................................................................12 DE Reg. 245 (Final)

2213 Emergency Vehicle Operators, Age of EVO Permit Holders..........................12 DE Reg. 777 (Prop.)

12 DE Reg. 1114 (Final)

2221 Use of Translators..........................................................................................12 DE Reg. 77 (Final)

2222 School Bus Driver Qualifications and Endorsements12 DE Reg. 196 (Prop.)

12 DE Reg. 519 (Final)

Division of Transportation Solutions

2402 Manual on Uniform Traffic Control Devices, 

Parts 1, 7, 8, and 9 ...........................................................................................12 DE Reg. 79 (Final)

2402 Manual on Uniform Traffic Control Devices, 

Parts 2, 3 and 6.................................................................................................12 DE Reg. 56 (Prop.)

12 DE Reg. 358 (Final)

2402 Manual on Uniform Traffic Control Devices, 

Parts 2, 6 and 912 DE Reg. 1401(Prop.)





454 Procedures Governing Delaware Tourism Grant Program...............................12 DE Reg. 661 (Prop.)

12 DE Reg. 978 (Final)

State Employees’ Pension Plan, State Police Pension Plan, State Judiciary

Pension Plan, County Municipal Employees’ Pension Plan, and County and

Municipal Police/Firefighter Pension Plan ........................................................12 DE Reg. 359 (Final)





DEPARTMENT OF EDUCATION
OFFICE OF THE SECRETARY
Statutory Authority: 14 Delaware Code, Sections 122(b) and 14 Delaware Code, Chapter 16

(14 Del.C. §122(b) & 14 Del. C. Ch. 16))

14 DE Admin. Code 103



103 Accountability for Schools, Districts and the State





1.0Accountability

1.1Accountability: All public schools, including charter schools, reorganized and career 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 career technical 
school districts shall be subject to the applicable rewards, sanctions and other accountability activities 
as prescribed in this regulation.

7 DE Reg. 57 (07/01/03)

10 DE Reg. 89 (07/01/06)

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 career technical school districts and the State on an annual 
basis. In order for a public school, including a charter school, reorganized or career 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, and the respective entity must 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 
and 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 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, 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 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. Code 101.9.0shall be included in the participation rate calculation unless their medical condition prevents them from 
being in school 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 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 meets the requirements of the Other Academic 
Indicator(s) as defined in 2.6. the subgroup will have met AYP.

2.6Other Academic Indicator(s):

2.6.1High School: For AYP purposes, the Other Academic Indicator(s) shall be graduation rate as 
defined as the number of students in one cohort who started in the school, the district or the state 
in 9th grade and graduated four years later or 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 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 purposes, 
the high school shall 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 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 shall 
be 0% of students scoring at Performance Level 1 in reading and mathematics by the 
school year 2013-2014. Beginning with the school year 2003-2004, when compared to the 
previous year, the school or subgroup, if used for Safe Harbor purposes, 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 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 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 and ethnicity, to be further divided 
into African American and Black, American Indian and Alaska Native, Asian and 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. 

2.11AYP Determinations

2.11.1For each public school, including charter schools, reorganized and career technical school 
districts, and the State, AYP shall be calculated annually.

2.11.2School AYP: In order to meet AYP, 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.

2.11.3District AYP: In order to meet AYP, the 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. 

2.11.4State AYP: In order to meet AYP, the 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.

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/language arts or mathematics for 
percent proficient or for participation rate, or if a school or district in the aggregate does not meet 
the requirements of the Other Academic Indicator(s) as defined in 2.6.

7 DE Reg. 1692 (06/01/04)

10 DE Reg. 89 (07/01/06)

3.0Accountability School and Accountability District

3.1For AYP purposes, the school or district to which a student's performance is assigned for a full 
academic year shall be the Accountability School or Accountability District. No student shall have his/
her performance assigned to more than one Accountability School or Accountability District in a given 
school year.

3.1.1For a student enrolled in an intradistrict intensive learning center intradistrict special school, or 
intradistrict special school program operating within one or more existing school facilities, the 
district has the option of tracking the assessment scores of the students back to the school of 
residence or to the school or program that is providing the instruction. The school or program shall 
be the Accountability School. The district shall communicate its decision regarding this option to 
the State Department of Education by May 15, 2006 May 15, 2010 and biannually thereafter. The 
option that the district decides for accountability purposes for one year must remain the same for 
the second year. Further provided, the State Department of Education will monitor the assignment 
of students to ensure students are appropriately assigned. For a student enrolled in interdistrict 
special schools or programs that have an agreement to serve students from multiple school 
districts, 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.

3.1.2For a student enrolled in an alternative program pursuant to 14 Del.C. Ch.16 or the Delaware 
Adolescent Program program serving pregnant students pursuant to 14 Del.C. §203, the 
Accountability School or District shall be the school/district that assigned such student to the 







program or the school or district of residence. The time the students were enrolled in the 
alternative or transitional program shall be credited to the Accountability School or District.

3.1.3For a student who participates in a choice program the Accountability School or District shall be 
the school or district to which the student has choiced.

3.1.4For 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.

3.1.5If 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.

7 DE Reg. 1692 (06/01/04)

10 DE Reg. 89 (07/01/06)

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; however, provided a student takes a portion of the 
assessment because of state mandated summer school attendance in grades 3, 5, or 8 in reading, or 
grade 8 in mathematics, the highest of the student’s scores shall be used to recalculate the AYP 
determination.

4.21A 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.

4.32For 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.

4.43A 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).

4.54Schools with more than one tested grade shall receive a single accountability rating.

4.65Student 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 to 3 standards cluster.

4.76For AYP purposes the reading/language arts percent proficient shall be based on a combination of the 
reading and writing DSTP on 100% of the DSTP reading assessments. The reading percent proficient 
scores shall be weighted to count 90% and the writing percent proficient scores shall be weighted to 
count 10%.

4.87For AYP purposes, the mathematics percent proficient shall be based on 100% of the DSTP 
mathematics assessment.

7 DE Reg. 1692 (06/01/04)

10 DE Reg. 89 (07/01/06)

5.0State Progress Determinations

5.1Each 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%. A two year average of the composite score shall be used if it is higher than the current 
year’s composite score.

5.1.1Above 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.

5.1.2Meets 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 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.

5.1.3Below 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.

7 DE Reg. 1692 (06/01/04)

10 DE Reg. 89 (07/01/06) 

6.0Performance Classifications

6.1Schools 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.

6.1.1Superior: 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 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.

6.1.2Commendable: 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.

6.1.3Academic Review: A school or district’s performance is deemed acceptable. Schools or districts in 
this category 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.

6.1.4Academic 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.

6.1.5Academic 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. 

6.1.6Academic Watch: A school or district’s performance is deemed as unsatisfactory. Schools or 
districts in this category shall not be Under Improvement as defined in 2.11.5.

6.1.7Academic 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 
consecutive years in the same content area as described in 2.11.5 and shall be Under 
Improvement.

7 DE Reg. 1692 (06/01/04)

10 DE Reg. 89 (07/01/06)

7.0Schools or Districts that are classified as Under Improvement

7.1Accountability sanctions for schools that are classified as Under Improvement:

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 provide supplemental services to students 
according to the federal ESEA requirements offer Federal ESEA Choice, unless otherwise 
apporved by the U.S. Department of Educaiton. 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 or mathematics assessments.

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 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 or mathematics assessments.

7.1.3Under Improvement Year 3, a school shall continue with the activities as per 7.1.2. In addition, all 
schools shall be subject to corrective action as outlined by federal ESEA requirements. The district 
or school shall provide the corrective action plan to the Department for approval review.

7.1.4Under Improvement Year 4, a school shall continue with the activities as per 7.1.3. In addition, the 
district or 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 for approval or non approval of on the plan.

7.1.4.1Any non charter school that plans to restructure into a charter school shall be considered a 
new charter applicant and be subject to the provisions, procedures and timelines as 
outlined in 14 Del.C. Chapter 5 and 14 DE Admin. Code 275.

7.1.4.2A charter school, whether authorized by a local school district or the Department, that 
plans to restructure for purposes of the federal ESEA shall consider such restructuring as 
a major modification and be subject to the provisions, procedures, and timelines as 
outlined in 14 Del.C. Chapter 5 and 14 DE Admin. Code 275.

7.1.5Under Improvement Year 5, a school shall continue with the activities as per 7.1.2 7.1.4. In 
addition, the school shall implement the restructuring plan as outlined by federal ESEA 
requirements.

7.1.5.1Any non charter school that has been approved by the Department to restructure into a 
charter school shall implement the restructuring plan as approved and shall be subject to 
the provisions, procedures and timelines as outlined in 14 Del.C. Chapter 5 and 14 DE 
Admin. Code 275.

7.1.5.2A charter school, whether authorized by a local school district or the Department, that has 
been approved by the Department to restructure shall implement the restructuring plan as 
approved and shall be subject to the provisions, procedures, and timelines as outlined in 
14 Del.C. Chapter 5 and 14 DE Admin. Code 275.







7.1.6Under Improvement greater than Year 5, a school shall continue with the restructuring plan as per 
7.1.5. In addition, the district and the Department shall monitor and support the school’s 
restructuring.

7.2Accountability sanctions for districts that are classified as Under Improvement:

7.2.1Under Improvement Year 1, a district shall develop and implement a District Improvement Plan.

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.

7.2.3Under Improvement Year 3, a district shall continue with the activities outlined in 7.2.2. 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 for approval or non approval of on the plan.

7.2.4Under Improvement Year 4, a district shall continue with the activities as outlined in 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 DE Reg. 1692 (06/01/04)

10 DE Reg. 89 (07/01/06)

12 DE Reg. 202 (08/01/08)

8.0Review Process

8.1A school or district 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.

8.12 The 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 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.

8.23Upon receipt of a written notice of review, the Secretary shall refer the review to his or her 
designee.

8.23.1The designee shall be responsible for bringing the review forward to the Review Advisory 
Committee. The Review Advisory Committee shall be composed of a minimum of three members 
and assigned by the Secretary.

8.23.2The Review Advisory Committee shall conduct a review of the statistical evidence or other 
substantive reasons presented by the school or district.

8.23.3The Review Advisory Committee shall make a recommendation to the Secretary about whether 
the proposed classification should remain as is or should be changed.

8.34The Department of Education shall make a final determination within 30 calendar days from the written 
notice of review on the proposed classification of the school or district based on the evidence or other 
substantive reasons presented by the school or district.

7 DE Reg. 1692 (06/01/04)

10 DE Reg. 89 (07/01/06)

10 DE Reg. 1795 (06/01/07)







OFFICE OF THE SECRETARY
Statutory Authority: 14 Delaware Code, Sections 122(b) and 14 Delaware Code, Chapter 16

(14 Del.C. §122(b) & 14 Del. C. Ch. 16))

14 DE Admin. Code 501





501 State Content Standards





1.0Instructional Programs

1.1Instructional programs offered in the public schools of Delaware shall be in alignment with the 
appropriate content standards documents. These documents are: English Language Arts Curriculum 
Framework, Mathematics Curriculum Framework, Science Curriculum Framework, Social Studies 
Curriculum Framework, Health Education Curriculum Framework and Assessment, Physical 
Education Content Standards, Visual and Performing Arts Content Standards, Agriscience Curriculum 
Framework Content Standards, Business Finance and Marketing Education Curriculum Framework 
Content Standards, World Language Curriculum Framework Content Standards, Technology 
Education Curriculum Framework Content Standards, Skilled and Technical Sciences Content 
Standards and the Family and Consumer Sciences Content Standards.

1.1.1The content standards documents may from time to time hereafter be amended with the approval 
of the Secretary and the State Board of Education.

1.1.2Integration of the content standards shall be provided for within and across the curricula.

1.1.3Instructional materials and curricula content shall be kept current and consistent with the 
Guidelines for the Selection of Instructional Materials provisions of 14 DE Admin Code 502Alignment of Local School District Curricula to the State Content Standards and 14 DE Admin 
Code 503 Instructional Program Requirements.

1 DE Reg. 153 (8/1/97)

1 DE Reg. 729 (12/1/97)

4 DE Reg. 343 (8/1/00)

4 DE Reg. 850 (10/1/00)

4 DE Reg. 853 (11/1/00)

5 DE Reg. 865 (10/1/01)

8 DE Reg. 445 (9/1/04)

OFFICE OF THE SECRETARY
Statutory Authority: 14 Delaware Code, Sections 122(b) and 14 Delaware Code, Chapter 16

(14 Del.C. §122(b) & 14 Del. C. Ch. 16))

14 DE Admin. Code 502





502 Alignment of Local School District Curricula to the State Content Standards





1.0Purpose

1.1The purpose of this regulation is to provide a process through which all Delaware school districts 
demonstrate the alignment of their local curricula with the State Content Standards in the content 
areas specified in the 14 DE Admin. Code 501.

2.0Definitions

“Alignment Index” means a co relational measure of alignment between the Survey of Enacted Curriculum in 
a specific content area and the state standards used for comparison. The Wisconsin Center for 







Educational Research automatically calculates and reports the alignment index to schools and districts 
that use the surveys.

“Content Map” means a graphic depiction of local curriculum alignment automatically reported to schools and 
districts as part of the analysis of teacher survey data by the Wisconsin Center for Educational 
Research.

“Department” means the Delaware Department of Education.

“Grade Level Expectations” means the documents created and officially released by the Delaware 
Department of Education for English language arts, mathematics, science, and social studies which 
detail student learning objectives in each content area for kindergarten through grade twelve.

“Scope and Sequence” means a curriculum plan, usually in chart form, with a range of instructional 
objectives and skills organized according to the successive levels at which they are taught.

“Statewide Recommended Curriculum Frameworks” means the Delaware Recommended Curriculum 
documents comprised of Academic Content Standards, Clarifications and Grade Level Expectations 
posted to the Delaware Department of Education website.

“Survey of Enacted Curriculum (SEC)” means the alignment survey sponsored by the Council of Chief State 
School Officers and the Wisconsin Center for Education Research. The SEC is a teacher survey tool 
based on scientifically based research which yields detailed information about the alignment of 
classroom instruction to state academic standards and state assessments. The survey is available for 
English language arts, mathematics, and science at the present time. A survey for social studies is in 
development. An analysis of results by grade level, school and district is completed by the Wisconsin 
Center for Educational Research with formal reports provided to the participating schools and districts.

“Tile Chart” means a graphic depiction of local curriculum alignment automatically reported to schools and 
districts as part of the analysis of teacher survey data by the Wisconsin Center for Educational 
Research.

“Unit Summative Assessment” means a performance measure of skills and knowledge mastered by 
students at the end of a unit as a result of classroom instruction. Examples of unit assessment 
measures include but are not limited to teacher constructed unit tests and commercially published 
measures such as those provided by curriculum publishers.

3.0Alignment Requirement

3.1All school districts shall provide evidence to the Department that their school district curricula are 
aligned with the State Content Standards. State Content Standards exist in English Language Arts, 
Mathematics, Social Studies, Science, World Languages, Visual and Performing Arts, Health, Physical 
Education, Agriscience, Business Finance and Marketing Education, Technology Education, Skilled 
and Technical Sciences, and the Family and Consumer Sciences. Content standards as developed by 
the Department in the future shall also be included under this section

12 DE Reg. 216 (08/01/08)

4.0Use of the Statewide Recommended Curricula Frameworks

4.1School districts shall utilize the Statewide Recommended Curricula Frameworks including the State 
Content Standards, Content Area Clarifications and Grade Level Expectations as guides to the 
development or revision of their local curricula, syllabi, and Scope and Sequence in the content areas 
listed in 3.0.

5.0 Documentation of Curriculum Alignment

5.1Evidence of curriculum alignment to the State Content Standards shall be submitted to the Department 
no later than twelve (12) months following the official release by the Department of the Statewide 
Recommended Curriculum Frameworks in each content area.

5.2Documentation of alignment of school district curriculum to the State Content Standards shall be 
submitted through evidence provided by the school districts on forms as developed and required by 
the Department .







5.3Evidence of curriculum alignment submitted by school districts shall be subject to Department review 
during on site monitoring visits.

6.0 Criteria for the Evaluation of the Alignment 

6.1School districts shall be required to submit evidence of local curriculum alignment for English 
Language Arts, Mathematics, Social Studies, Science, World Languages, Visual and Performing Arts, 
Health, and Physical Education content areas for each grade cluster K to 2, 3 to 5, 6 to 8 and 9 to12 
from at least two of the permissible categories of evidence in 6.1.1 through 6.1.5. One of the two 
categories shall be the evidence described in 6.1.1. The second required category and any additional 
submitted evidence shall be selected by the district from categories 6.1.2 through 6.1.5. The school 
district may choose to vary the choice of the second category of evidence by grade cluster level. 
School districts shall be required to submit evidence of local curriculum alignment for Career and 
Technical Education content areas (Agriscience, Business Finance and Marketing Education, 
Technology Education, Skilled and Technical Sciences, and the Family and Consumer Sciences) from 
the permissible category of evidence in 6.1.6. Evidence of alignment to each standard in a given 
content area shall be submitted.

6.1.1Category 1 is a narrative describing the local curriculum alignment evidence and the extent to 
which it addresses all student subgroups. For English language arts, mathematics, science and 
social studies, a required element of this narrative shall be an analysis of school district 
disaggregated student performance data on state assessments over the most recent three year 
period of available state assessment data.

6.1.2Category 2 is the Grade level result (all teachers in at least one grade per grade cluster K to 2, 3 to 
5, 6 to 8 and 9 to12 of the Survey of Enacted Curriculum for the content area under consideration. 
The SEC results shall demonstrate an Alignment Index of .50 or higher, and include a graphic 
summary including either a Tile Chart or Content Maps.

6.1.3Category 3 is three (3) units of study from a specific grade cluster, accompanied by the 
corresponding summative unit assessment and scoring rubric, and matrix table detailing 
applicable content standards, grade level expectations and course expectations for all students 
served in the grade cluster.

6.1.4Category 4 is an external formal curriculum alignment report detailing a review of local instruction 
and documentation of standards alignment. The district is required to submit three (3) sample units 
and three (3) corresponding unit summative assessments, and a narrative detailing how all 
students served in the grade cluster receive standards aligned instruction. The district is required 
to submit the curriculum audit contractor's credentials.

6.1.5Category 5 is a formative assessment benchmarking system with grade cluster Scope and 
Sequence, including three sample units from the grade cluster. The district is required to submit 
(1) a narrative detailing evidence of alignment of formative student assessment or assessments to 
the State Content Standards and (2) sample assessment items in the content area.

6.1.6Category 6 is curriculum alignment evidence specific to Career and Technical Education content 
areas. Evidence for Agriscience, Business Finance and Marketing Education, Technology 
Education, Skilled and Technical Sciences, and the Family and Consumer Sciences shall be 
submitted as required through 14 DE Admin. Code 525 for Career and Technical Education.

6.2Required documentation for specific student subpopulations

6.2.1As part of its submitted evidence, the district shall make detailed comments on the extent to which 
any modification or enhancement of the instructional program for specific subgroups such as 
students with disabilities, gifted students, English language learners or any other special 
population of students is aligned to the State Content Standards in the content area where there 
have been modifications or enhancements.

12 DE Reg. 216 (08/01/08)







7.0 Participation of Building Level Staff

7.1All school districts shall describe and document to the Department the method and the level of 
involvement in the alignment process by their building administrators, teachers and specialists.

8.0 Subsequent Review of Alignment

8.1Each district shall resubmit evidence of alignment with the State Content Standards on forms 
developed and required by the Department between three and five years from the initial approval and 
on a recurring cycle of three to five years as determined by the Department. Further provided, theEach district shall be required to present evidence of curriculum alignment if there are major changes 
to a content area in the approved curricula. The district shall only be required to submit evidence of 
curriculum alignment in the affected content area. Further, districts placed under school improvement 
may be required to submit evidence of aligned curriculum in the assessed content area or areas which 
form the basis for the school improvement rating.

10 DE Reg. 344 (8/1/06)

10 DE Reg. 1583 (04/01/07)





DEPARTMENT OF HEALTH AND SOCIAL SERVICES
DIVISION OF MEDICAID AND MEDICAL ASSISTANCE
Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512)









DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512)

16 DE Admin. Code 11003





DSSM Food Supplement Program







DEPARTMENT OF INSURANCE
Statutory Authority: 18 Delaware Code, Sections 314 and 1111 (18 Del.C. §§314 and 1111)

18 DE Admin. Code 305



DEPARTMENT OF STATE
DIVISION OF PROFESSIONAL REGULATION







1700 Board of Medical Practice
16.0Definition of Direct Supervision of Physicians' Assistants

16.1"Supervision" as that term is used in 24 Del.C. §1703(e)(7) is interpreted by the Board of Medical 
Practice as requiring that the supervising physician be physically present on the premises and 
immediately available, in person, for consultation and assistance. Provided, however, that nothing in 
this interpretation shall in any way interfere with currently valid nursing practices.

16.2No supervising physician may supervise more than 2 physician assistants unless granted an 
exemption by the Board. As provided in 24 Del. C. §1771 (e) and (i) the Board may increase or 
decrease the number of physician assistants being supervised. The Board may issue an exemption to 
increase the number of physician assistants supervised by a physician upon written application filed by 
the supervising physician demonstrating good cause for the request. Requests for exemption will be 
considered on a case by case basis. The requesting physician has the burden of demonstrating that 
the granting of an exemption will not endanger the public health, safety, or welfare.

16.23Any physician desiring to supervise an assistant who will perform acupuncture upon a patient shall 
make a medical evaluation of the patient and determine that acupuncture treatment is medically 
appropriate prior to the commencing of any acupuncture treatment by a physician's assistant. Such 
evaluation will be made on the patient's initial contact with the physician without referral. A physician's 
assistant employed by a physician for the purpose of administering an acupuncture treatment to 
patients shall not administer such treatment unless an initial evaluation by the physician has been 
made. In addition, no subsequent acupuncture treatments of a patient shall occur unless the physician 
has requested such treatment. No physician shall supervise a physician's assistant who administers 
acupuncture treatment to patients unless the physician is proficient in the field of acupuncture and has 
assured himself that the physician's assistant is also proficient in the administration of acupuncture 
treatment. A physician's assistant who administers acupuncture treatment to patients at the direction 
of a physician shall administer such treatment only within the physical confines of the physician's office 
at such times when the physician is physically present on the premises and immediately available for 
consultation.









PUBLIC SERVICE COMMISSION
Statutory Authority: 26 Delaware Code, Section 209(a) (26 Del.C. §209(a))











8000 Rules to Establish an Intrastate Gas Pipeline Safety Compliance Program
1.0Definitions

Unless otherwise defined herein, all capitalized terms and phrases shall have the meanings given 
those terms and phrases in applicable sections of Chapter 601 of Title 49 of the United States Code 
and the Code of Federal Regulations, Title 49, Parts 190, 191, 192, 193, 198 and 199, as may be 
amended and revised (collectively the “Federal Regulations”).

“Commission” means the Delaware Public Service Commission.

“Corrective Action Orders” refers to those orders referenced in 49 U.S.C. § 60112(d).

“Federal Regulations” shall have the meaning ascribed above.

"Gas Leakage Survey" means a survey of gas facilities as defined in Sections 192.706 and 192.723 
of the Federal Regulations. 









“Leak Classification and Action Criteria” means a procedure by which leakage indication of gas 
can be graded and controlled. 

“Operator” means an “underground pipeline facility operator”, as defined in 26 Del. C. § 802(11). 
Notwithstanding the foregoing, “Operator” shall not include any operator of a Pipeline facility that 
transports hazardous liquid or only petroleum gas or petroleum gas/air mixtures to – (i) fewer than ten 
(10) customers, if no portion of the facility is located in a public place, or (ii) a single customer, if the 
facility is located entirely on the customer’s premises (no matter if a portion of the facility is located in a 
public place). 

“Regulated Facilities” shall include both Pipeline facilities and any LNG facility.

“Regulations” shall refer to the regulations set forth herein.

“Staff” shall mean the staff of the Commission.

2.0Regulations

2.1The minimum standards governing the design, construction, fabrication, installation, inspection, 
reporting, testing, operation, maintenance, protection, and the safety aspects of operation and 
maintenance of Regulated Facilities shall be those standards set forth in Parts 191, 192 and 193 of the 
Federal Regulations, as applicable.

2.2The minimum standards governing the drug and alcohol testing required of operators of Regulated 
Facilities shall be those standards set forth in Part 199 of the Federal Regulations. 

2.3The conversion of Liquefied Natural Gas to a gaseous state and subsequent injection into a Pipeline 
facility shall be done in a manner which does not reduce the level of odorization within the system to 
below that required by Part 192 of the Federal Regulations.

2.4All Operators shall conduct Gas Leak Surveys in accordance with and at such intervals as are 
provided under the Federal Regulations. 

2.5Each Operator conducting Gas Leak Surveys shall, for a minimum of seven (7) years, maintain 
records of leaks detected during the Surveys. Such records shall be available for inspection by the 
Staff, subject to the provisions of 26 Del. C. § 213, to the extent applicable

2.6Each Operator shall identify a Leak Classification and Action Criteria applicable to the Pipeline 
facilities it operates in Delaware, which classification and criteria shall be consistent with the Federal 
Regulations. Each Operator shall institute and maintain on a continuing basis, records that identify 
any leaks discovered on the Pipeline facilities it operates, which records shall include, at a minimum, 
the location, date of discovery, classification under the Operator’s Leak Classification and Action 
Criteria, and the steps taken in response to such leaks.

2.7Cast-iron pipe in sizes 4-inch and smaller shall not be installed in Pipeline facilities beginning thirty (30) 
days after approval of these Regulations. This requirement shall not be construed to require 
replacement of any such pipe installed prior to such time. 

2.8Notwithstanding anything contained in these Regulations to the contrary, the Commission shall have 
no authority to enforce any of these Regulations as they pertain to interstate Pipeline facilities.

3.0Delegation of Authority

With respect to the enforcement of these Regulations, the Commission and Staff shall have the 
authority to investigate the methods and practices of Operators; to require that Operators maintain and 
file reports, records and other information; to enter upon and to inspect the property, buildings, plants 
and offices of Operators; to inspect books, records, papers and documents of Operators; and to 
enforce these Regulations as provided herein. 

4.0Informal Disposition of Potential Violation

When an evaluation of an Operator's records or Regulated Facilities indicate that the Operator is or 
may be violating these Regulations, Staff shall provide the Operator with prompt notice of the potential 
violation, at which point Staff may informally discuss the potential violation with the Operator. Any 
documentation or physical evidence necessary to support an allegation of non-compliance may be 









obtained during the inspection. Timely corrective action may be taken by the Operator of the facilities 
where a potential violation exists, thus correcting the potential violation without further action.

5.0Written Formal Notice of Potential Violation

After evidence of a potential violation is collected and a violation report written, notice and opportunity 
to respond will be afforded the Operator by a letter from Staff providing the Operator with copies of all 
relevant documentation, including the written violation reports, notifying the Operator of the results of 
the on-site evaluation and specifically citing the provision of the applicable Regulation(s) the Operator 
is alleged to be violating. The operator must respond in writing within thirty (30) days from receipt of 
such violation notice, unless the Operator and Staff otherwise agree.

6.0Response Options Open to Operators

6.1The Operator, in responding to the violation notice, may:

6.1.1Submit a written plan to Staff specifying actions that the Operator will take to correct the violation, 
a schedule for completion of each action step, and a final date of completion. If Staff accepts the 
corrective plan submitted by the Operator, the violation shall be deemed resolved.

6.1.2Request an informal conference with Staff. Upon request for an informal conference, Staff will 
establish a date, time, and location for the conference. During the conference, Staff will review the 
violation report with the Operator to identify corrective actions in an effort to reach a mutually 
acceptable resolution of the alleged violation. If this effort fails, Staff may refer the alleged violation 
to the Commission for formal action.

7.0Commission Action

7.1If the violation is referred to the Commission for formal resolution, the Commission may, pursuant to 
procedures established under rules and regulations, take action available under applicable law, 
including, but not limited to, the following:

7.1.1The Commission may seek injunctive relief in a court of competent jurisdiction;

7.1.2The Commission, as the agent of the Administrator as set forth in the Federal Regulations, may 
issue the civil penalties set forth in 49 U.S.C. § 60122(a) and subpart B of Part 190 of the Federal 
Regulations; and 

7.1.3The Commission may order an Operator to take corrective action.

8.0Corrective Action Orders

8.1If the Commission finds that a Regulated Facility is hazardous (a “Hazardous Facility”) to life or 
property, the Commission may issue a Corrective Action Order requiring the Operator to take 
immediate corrective action, which may include:

8.1.1Suspended or restricted use of the Hazardous Facility;

8.1.2Physical inspection;

8.1.3Testing;

8.1.4Repair;

8.1.5Replacement; or

8.1.6Other appropriate action.

8.2The Commission shall give the Operator written notice and an opportunity for a hearing before 
issuance of a Corrective Action Order unless the Commission or its Staff determines there is a serious 
and imminent threat to life, property, or the environment, in which case, the Commission or its 
designated hearing examiner may issue an emergency Corrective Action Order. If the Corrective 
Action Order is issued without a prior hearing, the Commission shall give the Operator written notice 
and an opportunity for a hearing before the Commission or its designated hearing examiner as soon as 
possible after the issuance of the Corrective Action Order. 









9.0Exceptions

The Operator may take exceptions from the decision of the hearing examiner as provided by Delaware 
law or the Rules of Practice of the Commission. After receipt of the exceptions, the Commission or 
Staff may investigate further and hold a public hearing on the matter within a reasonable time.

10.0Granting of Federal Regulation Waivers

10.1Upon application by an Operator, the Commission may grant a waiver from compliance with the 
Federal Regulations, subject to review by the Office of Pipeline Safety Regulation of the United States 
Department of Transportation.

10.2Waivers may be granted for particular circumstances where it is inappropriate for an Operator to follow 
a regulation of general applicability.

10.3Before granting a waiver, the Commission must give notice and opportunity for written comments and 
a public hearing, unless the Commission finds that notice is impracticable, unnecessary, not in the 
public interest, or that an emergency exists.

10.4If the Commission finds a requested waiver is consistent with gas pipeline safety and is otherwise 
justified, the waiver may be issued under appropriate terms and conditions with a statement of the 
reasons for granting the waiver.

10.5If the Commission finds a requested waiver is inconsistent with gas pipeline safety or is otherwise 
unjustified, the request must be denied, and the applicant notified of the reasons for denial.

10.6The Commission must give the Office of Pipeline Safety Regulation of the United States Department of 
Transportation written notice of each waiver at least sixty (60) days before it becomes effective. Each 
notice of waiver must provide the following information:

10.6.1The name, address, and telephone number of the applicant;

10.6.2The safety standards involved;

10.6.3A description of the Regulated Facilities involved; and 

10.6.4The justification for the waiver, including the reasons why the standards are not appropriate and 
why the waiver is consistent with gas pipeline safety.









DEPARTMENT OF AGRICULTURE
HARNESS RACING COMMISSION
Statutory Authority: 3 Delaware Code, Section 10005 (3 Del.C. §10005)\

3 DE Admin. Code 501







THOROUGHBRED RACING COMMISSION
Statutory Authority: 3 Delaware Code, Section 10005; 29 Delaware Code,

Section 4815(b)(3)(c)(3)

(3 Del.C. §10005; 29 Del.C. §4815(b)(3)(c)(3))

3 DE Admin. Code 1001







DEPARTMENT OF LABOR
DIVISION OF INDUSTRIAL AFFAIRS
OFFICE OF WORKERS’ COMPENSATION

 Statutory Authority: 19 Delaware Code, Section 2322B (19 Del.C. §2322B)









DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL 
CONTROL
DIVISION OF FISH AND WILDLIFE
Statutory Authority: 7 Delaware Code, Section 903(e)(2)(a) (7 Del.C. §903(e)(2)(a))

7 DE Admin. Code 3541; 3581









3540 Sharks
3541 Atlantic Sharks 
(Penalty Section 7 Del.C. §936(b)(2))

1.0Definitions:

“Fillet” shall mean to remove slices of fish flesh, of irregular size and shape, from the carcass by cuts 
made parallel to the backbone.

“Land or Landing” shall mean to put or cause to go on shore from a vessel.

["Large mesh gill nets" shall mean any gill net with mesh of five inches or more stretched 
measure.]

“Management Unit” shall mean any of the non-sandbar large coastal species, small coastal species, 
pelagic species[, smooth dogfish (Mustelus canus),] and prohibited species of sharks or parts 
thereof defined in this regulation. [Smooth dogfish (Mustelus canus), although they are a species 
of shark, are not presently part of the management unit as defined above, and are not subject 
to minimum size or daily harvest restirctions. They are subject to the provisions of Regulation 
3541, Sections 3.0 and 4.0] 

“Non-Sandbar Large Coastal Species” shall mean any of the following species of sharks or parts 
thereof:

Great hammerhead, Sphyrna mokarran

Scalloped hammerhead, Sphyrna lewini

Smooth hammerhead, Sphyrna zyqaena

[White shark, Carcharodon carcharias]

Nurse shark, Ginglymostoma cirratum

Blacktip shark, Carcharhinus limbatus

Bull shark, Carcharhinus leucas









Lemon shark, Neqaprion brevirostris

Sandbar shark, Carcharhinus plumbeus

Silky shark, Carcharhinus falciformis

Spinner shark, Carcharhinus brevipinna

Tiger shark, Galeocerdo cuvieri

“Pelagic Species” shall mean any of the following species of sharks or parts thereof:

Porbeagle shark, Lamna nasus

Shortfin mako, Isurus oxyrinchus

Blue shark, Prionace qlauca

Oceanic whitetip shark, Carcharhinus longimanus

Thresher shark, Alopias vulpinus

“Prohibited Species” shall mean any of the following species of sharks or parts thereof:

Basking shark, Cetorhinidae maximus

White shark, Carcharodon carcharias

Bigeye sand tiger, Odontaspis noronhai

Sand tiger, Odontaspis taurus

Whale shark, Rhincodon typus

Bignose shark, Carcharhinus altimus

Caribbean reef shark, Carcharhinus perezi

Dusky shark, Carcharhinus obscurus

Galapagos shark, Carcharhinus galapaqensis

Narrowtooth shark, Carcharhinus brachyurus

Night shark, Carcharhinus siqnatus

Atlantic angel shark, Squatina dumerili

Caribbean sharpnose shark, Rhizoprionodon porosus

Smalltail shark, Carcharhinus porosus

Bigeye sixgill shark, Hexanchus vitulus









Sevengill shark, Heptranchias perlo

Sixgill shark, Hexanchus griseus

Longfin mako, Isurus paucus

Bigeye thresher, Alopias superciliosus

"Sandbar shark" shall mean Carcharhinus plumbeus

"Shore fishing" shall mean any fishing that does not take place on board a vessel. The terms "shore 
fishing" and "shore angler" are synonymous.

“Small Coastal Species” shall mean any of the following species of sharks or parts thereof:

Bonnethead, Sphyrna tiburo

Atlantic sharpnose shark, Rhizoprionodon terraenovae

Blacknose shark, Carcharhinus acronotus

Finetooth shark, Carcharhinus isodon

3 DE Reg. 1088 (2/1/00)

2.0It shall be unlawful for any person to land, purchase, trade, barter, or possess or attempt to land, 
purchase, trade, barter, or possess a prohibited species.

3.0It shall be unlawful for any person to possess the fins from any shark in the management unit prior to 
landing said shark unless said fins are naturally attached to the body of said shark.

4.0It shall be unlawful for any person to fillet a shark in the management unit prior to landing said shark. A 
shark may be eviscerated and the head removed prior to landing said shark, but the head, tail, and fins 
must remain naturally attached to the carcass, except that commercial fishermen may eviscerate and 
remove the head of any shark reduced to possession, but the tail and fins must remain attached to the 
carcass.

5.0It shall be unlawful to release any shark in the management unit in a manner that will not ensure said 
sharks maximum probability of survival.

6.0It shall be unlawful for the operator of any vessel without a commercial food fishing license to have on 
board said vessel more than one non-prohibited shark per trip from among those species in the 
management unit, regardless of the number of people on board the vessel. In addition each 
recreational angler fishing from a vessel may harvest and possess one bonnethead, [and] one Atlantic 
sharpnose[, and one smooth dogfish] shark per trip in the management unit except that two Atlantic 
sharpnose sharks also may be on board in addition to the one shark in the management unit.

1 DE Reg. 345 (10/1/97) 

3 DE Reg. 1088 (2/1/00)

8 DE Reg. 1718 (6/1/05)

7.0It shall be unlawful for any person who has been issued a valid commercial food fishing license while 
on board any vessel to possess any large coastal shark, any small coastal shark or any pelagic shark 









in non-prohibited shark from among those species in the management unit during the remainder of any 
period after the effective date a commercial quota for that group of sharks has been reached in said 
period or is projected to be reached in said period by the National Marine Fisheries Service, National 
Oceanic and Atmospheric Administration and the U.S. Department of Commerce. [Further, it shall be 
unlawful for any person who has been issued a valid commercial food fishing license while on 
board any vessel to possess any non-sandbar large coastal sharks, small coastal sharts, or 
pelagic sharks in exesss of current federal daily harvest limits administered by the National 
Marine Fisheries Service.]

8.0It shall be unlawful for any person to engage in a directed commercial fishery for a prohibited species.

9.0It shall be unlawful for the operator of any vessel without a commercial foodfishing license to have on 
board said vessel any large coastal shark, any pelagic shark or any small coastal shark non-prohibited 
shark from among those species in the management unit that measures less than 54 inches, fork 
length (tip of snout to indentation between dorsal and ventral tail lobes), with the exception of Atlantic 
sharpnose, blacknose, finetooth, bonnethead, and smooth dogfish sharks, for which no minimum size 
limit applies.

3 DE Reg. 1088 (2/1/00)

1 DE Reg. 850 (1/1/98)

1 DE Reg. 1005 (2/1/98)

10.0It shall be unlawful for any person shore angler without a commercial foodfishing license to take and 
reduce to possession any large coastal shark, any small coastal shark or any pelagic shark non-
prohibited shark from among those species in the management unit less than 54 inches, with the 
exception of Atlantic sharpnose, blacknose, finetooth, bonnethead, and smooth dogfish sharks, for 
which no size limit applies.

11.0It shall be unlawful for any person shore angler without a commercial foodfishing license to take and 
reduce to possession more than one large coastal shark, small coastal shark or pelagic shark non-
prohibited shark from among those species in the management unit per day (a day being 24 hours). 
Recreational shore anglers may also harvest one additional bonnethead, [and] one additional Atlantic 
sharpnose [shark , and one additional smooth dogfish] per day.

8 DE Reg. 1718 (6/1/05)

12.0It shall be unlawful for any recreational or commercial fisherman to possess silky, tiger, blacktip, 
spinner, bull, lemon, nurse, scalloped hammerhead, great hammerhead, and smooth hammerhead 
sharks from May 15 through July 15, regardless of where the shark was caught. Fishermen who catch 
any of these species in federal waters may not transport them through Delaware state waters during 
the aforementioned closed season.

13.0It shall be unlawful for any recreational or commercial fisherman to land or possess any sandbar 
sharks, except for a commercial fisherman in possession of a valid sandbar shark research permit 
issued by the National Marine Fisheries Service. There must be a qualified observer aboard any 
vessel that lands and possesses sandbar sharks fishing under the auspices of a valid federal research 
permit.

14.0It shall unlawful for any Delaware recreational or commercial fisherman to land or possess any species 
of shark in state waters that is illegal to catch or land or possess in federal waters. [Presently it is 
unlawfil for recreational fishermen to take and possess silky sharks in federal waters at any 
time of the year.]









15.0The Department may grant anyone permission to take and possess sharks that would otherwise be 
illegal to take and possess when used for display and/or research purposes. Applicants will need a 
current State of Delaware scientific collecting permit. Applicants must annually report the number, 
weight, species, location caught, and gear used for each shark collected for research or display 
purposes, and the annual disposition of said sharks throughout the life of each shark so taken. The 
Division reserves the right to place limits on or deny any request to take prohibited species of sharks 
under the auspices of a scientific collecting permit.

[16.0It shall be unlawful for any commercial fisherman to possess or land sharks while using any 
single large mesh gill net that exceeds 2,735 yards in length in Delaware jurisdictional waters, 
and it shall be unlawful for any commercial fisherman to possess or land sharks from large 
mesh gill nets that have been untended for more than two hours at a time in Delaware 
jurisdictional waters.]

3580 Spiny Dogfish
(Penalty Section 7 Del.C. §936(b)(2))

1.0It shall be unlawful for any commercial fisherman to harvest, land or possess any spiny dogfish, 
Squalus acanthias, in Delaware except in those sizes, seasons, and quantities permitted in 
accordance with the most recent version of the Atlantic States Marine Fisheries Commission Interstate 
Fishery Management Plan for Spiny Dogfish as amended, or federal law administered by the National 
Marine Fisheries Service, whichever is more restrictive. It shall be unlawful for any commercial 
fisherman to harvest, land or possess any spiny dogfish after the Atlantic States Marine Fisheries 
Commission approved allocation for the region which includes Delaware has been reached during any 
given year. It shall be unlawful to commercially harvest, land or possess spiny dogfish taken from 
federal waters during any time when adjoining federal waters are closed to the taking of spiny dogfish. 
It shall be unlawful for any commercial fisherman to take, land or possess more than 3,000 pounds of 
spiny dogfish per day from Delaware waters, with a day being defined as 24 hours. Further, it shall be 
unlawful for any Delaware commercial fisherman to be in possession of spiny dogfish taken from 
federal waters in excess of the federal daily landing limit. It shall be unlawful for any person to possess 
the fins from any spiny dogfish prior to landing said spiny dogfish unless said fins are naturally 
attached to the body of said spiny dogfish. All spiny dogfish landed in Delaware for commercial 
purposes must be reported through the normal state reporting system.

4 DE Reg 1859 (5/1/01)

10 DE Reg. 1724 (05/01/07)











DEPARTMENT OF STATE
DIVISION OF PROFESSIONAL REGULATION

3700 BOARD OF SPEECH/LANGUAGE PATHOLOGISTS, AUDIOLOGISTS AND HEARING AID 
DISPENSERS









DEPARTMENT OF EDUCATION

DEPARTMENT OF HEALTH AND SOCIAL SERVICES
DIVISION OF MEDICAID AND MEDICAL ASSISTANCE
Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512)



DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512)

16 DE Admin. Code 11003



DSSM Food Supplement Program







DEPARTMENT OF INSURANCE
Statutory Authority: 18 Delaware Code, Sections 314 and 1111 (18 Del.C. §§314 and 1111)

18 DE Admin. Code 305



DEPARTMENT OF STATE
DIVISION OF PROFESSIONAL REGULATION







PUBLIC SERVICE COMMISSION
Statutory Authority: 26 Delaware Code, Section 209(a) (26 Del.C. §209(a))