REGULATORY IMPLEMENTING ORDER I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 275 Charter Schools. The amendments reflect revisions in the regulation regarding the administration of the new Performance Fund, as well as other amendments to align with specific Delaware Code revised during the 147th General Assembly. Notice of the proposed regulation was published in the News Journal and the Delaware State News on December 7, 2013, in the form hereto attached as Exhibit "A". Comments were received from Governor's Advisory Council for Exceptional Citizens and the State Council for Persons with Disabilities. Additionally, comments were made during the discussion at the State Board of Education meeting in December. The comments were related to the definition of "high-needs students," standards for the "eligibility requirements" and "criteria to evaluate applications." The Department has made changes to the regulation to address the definition of "high-needs students" to expand to English Language Learners and Students with Disabilities. The application and rubric for the performance fund has been shared with the State Board of Education and will be available on the Delaware Department of Education website. II. FINDINGS OF FACTS The Secretary finds that it is appropriate to amend 14 DE Admin. Code 275 Charter Schools in order to further clarify the definition of "High Needs Students" as defined in the proposed regulation (Exhibit B). In addition, the amended regulation clarifies the approval process for awarding of funds, and provides additional clarification on entities that may be awarded funds, and the timing for the awarding of funds for entities seeking a charter in Delaware. III. DECISION TO AMEND THE REGULATION For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 275 Charter Schools. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 275 Charter Schools attached hereto as Exhibit "B" is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 275 Charter Schools hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below. IV. TEXT AND CITATION The text of 14 DE Admin. Code 275 Charter Schools amended hereby shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 275 Charter Schools in the Administrative Code of Regulations for the Department of Education. V. EFFECTIVE DATE OF ORDER The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on February 20, 2014. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations. IT IS SO ORDERED the 20th day of February 2014. Department of Education Mark T. Murphy, Secretary of Education Approved this ____ day of _________ 2014 State Board of Education Teri Quinn Gray, Ph.D., President Gregory B. Coverdale, Jr. Jorge L. Melendez, Vice President Terry M. Whittaker, Ed.D. G. Patrick Heffernan Randall L. Hughes II Barbara B. Rutt 275 Charter Schools (Break in Continuity of Sections) (Break in Continuity Within Section) (Break in Continuity of Sections) 14.2.1.1 A Delaware charter school that meets or exceeds the expectations established in its Performance Agreement as measured by Performance Framework; or a school receives a satisfactory performance review[. or;] 14.2.1.2 A Delaware corporation seeking to establish a charter school in Delaware, including but not limited to an out of state charter school or other partnering organization with a proven track record of academic, operational and financial success. 14.3.1.1 Developed high-quality plans for start-up or expansion; or 14.3.1.2 Serve high-need students, as defined in 2.1 of this regulation. *Please note that no additional changes were made to the regulation as originally proposed and published in the December 2013 issue of the Register at page 588 (17 DE Reg. 588). Therefore, the final regulation is not being republished here in its entirety. A copy of the final regulation is available at: 275 Charter Schools REGULATORY IMPLEMENTING ORDER I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED The Secretary of Education intends to amend 14 DE Admin. Code 502 Alignment of Local School District Curricula to the State Content Standards. The amendments reflect process changes related to the demonstration of alignment of local school district curricula to the state content standards. This reduces the burden on the districts as well as the Department and also provides for flexibility based on the uniqueness of each district related to the development of local curricula. Notice of the proposed regulation was given by publication in the Delaware Register of Regulations, Volume 17- Issue 7, pages 679 - 683, on January 1, 2014. Comments were received from the Governor's Advisory Council for Exceptional Citizens and the State Council for Persons with Disabilities. The comments were considered and minor amendments were made. The Councils articulated a concern with the change from a very prescriptive nature to one that is "less prescriptive/rigid and rigorous." The Councils endorsed the specific requirements related to specific student populations. The DDOE has reviewed the previous structure and considers the proposed process to allow for any needed evidence to ensure curriculum alignment. One comment was related to the "Survey of Enacted Curriculum." The completion of this survey was one of a number of options. A change has been regarding when the documentation for alignment may be reviewed. II. FINDINGS OF FACTS The Secretary finds that it is appropriate to amend 14 DE Admin. Code 502 Alignment of Local School District Curricula to the State Content Standards in order to reduce the burden on the districts as well as the Department and to provide for flexibility based on the uniqueness of each district related to the development of local curricula. III. DECISION TO AMEND THE REGULATION For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 502 Alignment of Local School District Curricula to the State Content Standards. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 502 Alignment of Local School District Curricula to the State Content Standards attached hereto as Exhibit "A" is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 502 Alignment of Local School District Curricula to the State Content Standards hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below. IV. TEXT AND CITATION The text of 14 DE Admin. Code 502 Alignment of Local School District Curricula to the State Content Standards amended hereby shall be in the form attached hereto as Exhibit "A", and said regulation shall be cited as 14 DE Admin. Code 502 Alignment of Local School District Curricula to the State Content Standards in the Administrative Code of Regulations for the Department of Education. V. EFFECTIVE DATE OF ORDER The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on February 14, 2014. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations. IT IS SO ORDERED the 14th day of February 2014. Department of Education Mark T. Murphy, Secretary of Education Approved this 14th day of February 2014 502 Alignment of Local School District Curricula to the State Content Standards REGULATORY IMPLEMENTING ORDER I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED The Professional Standards Board, acting in cooperation and collaboration with the Department of Education, seeks the consent of the State Board of Education to amend regulation 14 DE Admin. Code 1517 Paraeducator Permit. The regulation applies to the issuance of a Paraeducator Permit, pursuant to 14 Del.C. §1205. It is necessary to amend this regulation in order to update and clarify some of the definitions, requirements and to update the application procedures. Notice of the proposed adoption of the regulation was published in the Delaware Register of Regulations on December 1, 2013 through January 31, 2014. The notice invited written comments. Comments were received from the State Council for Persons with Disabilities and the Governor’s Advisory Council for Exceptional Citizens. The comments included issues of clarification, as well as some grammar and usage edits in the regulation. The suggested comments were considered by the Board and all necessary edits were made. No additional comments were received regarding the proposed amendments to this regulation. II. FINDINGS OF FACTS The Professional Standards Board and the State Board of Education find that it is appropriate to adopt this regulation to comply with changes in statute. III. DECISION TO ADOPT THE REGULATION For the foregoing reasons, the Professional Standards Board and the State Board of Education conclude that it is appropriate to adopt the regulation. Therefore, pursuant to 14 Del.C. §1205(b), the regulation attached hereto as Exhibit “A” is hereby adopted. Pursuant to the provision of 14 Del.C. §122(e), the regulation hereby adopted shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below. IV. TEXT AND CITATION The text of the regulation adopted shall be in the form attached hereto as Exhibit “A”, and said regulation shall be cited as 14 DE Admin. Code 1517 of the Administrative Code of Regulations of the Professional Standards Board. V. EFFECTIVE DATE OF ORDER The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations. APPROVED BY THE PROFESSIONAL STANDARDS BOARD THE 6th DAY OF FEBRUARY, 2014 Chris Kenton, Chair Rosaria Macera Diane Albanese Byron Murphy Michael Casson Wendy Murray Joanne Christian Mary Pinkston Samtra Devard Whitney Price Stephanie DeWitt JoAnn Reynolds Cristy Greaves Stephanie Smith David Kohan Jacque Wisnauskas IT IS SO ORDERED the 20th day of FEBRUARY, 2014. Department of Education Mark Murphy, Secretary of Education Approved 20th day of February, 2014 State Board of Education Teri Quinn Gray, Ph.D., President Gregory B. Coverdale, Jr. Jorge L. Melendez, Vice President Terry M. Whittaker, Ed.D. G. Patrick Heffernan Randall L. Hughes Barbara B. Rutt 1517 Paraeducator Permit 3.1.1.1 Completion of at least two (2) years of study in general or educational studies at an institution of higher education; or 3.1.1.2 Receipt of an associate's or higher degree; or 3.1.1.3 Completion of a high school diploma or its recognized equivalent, and a passing score on a rigorous assessment of knowledge of, and the ability to assist in, the instruction in reading, writing, and mathematics. 3.1.1.4 [Submits Submission of] sufficient verifiable evidence of qualifications to the Department [and which] meets all the requirements. 3.1.2.1 Completion of at least two (2) years of study in general or educational studies at an institution of higher education; or 3.1.2.2 Receipt of an associate's or higher degree; or 3.1.2.3 Completion of a high school diploma or its recognized equivalent, and a passing score on a rigorous assessment of knowledge of, and the ability to assist in, the instruction in reading, writing, and mathematics. 3.1.2.4 [Submits Submission of] sufficient verifiable evidence of qualifications to the Department [and which] meets all the requirements. ORDER NATURE OF THE PROCEEDINGS: Delaware Health and Social Services (“DHSS”) initiated proceedings to adopt the State of Delaware Regulations Governing the Licensing and Registration of Operators of Public Water Supply Systems. The DHSS proceedings to adopt regulations were initiated pursuant to 29 Delaware Code Chapter 101 and authority as prescribed by 16 Del.C. §§122(3)u. On January 1, 2014 (Volume 17, Issue 7), DHSS published in the Delaware Register of Regulations its notice of proposed regulations, pursuant to 29 Delaware Code Section 10115. It requested that written materials and suggestions from the public concerning the proposed regulations be delivered to DHSS by February 3, 2014, after which time the DHSS would review information, factual evidence and public comment to the said proposed regulations. No written comments were received during the public comment period. Therefore, no evaluation or summarization of comments is presented in the accompanying “Summary of Evidence.” SUMMARY OF EVIDENCE In accordance with Delaware Law, public notice regarding proposed Department of Health and Social Services (DHSS) State of Delaware Regulations Governing the Licensing and Registration of Operators of Public Water Supply Systems was published in the Delaware Register of Regulations on January 1, 2014 (Volume 17, Issue 7). The public comment period was open from January 1, 2014 through February 3, 2014. No comments were received on the proposed regulations during the public comment period and no changes have been made to the proposed regulations. The regulation has been approved by the Delaware Attorney General’s office and the Cabinet Secretary of DHSS. FINDINGS OF FACT: There were no public comments received. The Department finds that the proposed regulations, as set forth in the attached copy should be adopted in the best interest of the general public of the State of Delaware. THEREFORE, IT IS ORDERED, that the proposed State of Delaware Regulations Governing the Licensing and Registration of Operators of Public Water Supply Systems is adopted and shall become effective March 11, 2014, after publication of the final regulation in the Delaware Register of Regulations. Rita M. Landgraf, Secretary OFFICE OF CHILD CARE LICENSING ORDER Summary and Comments The Office of Child Care Licensing (OCCL) proposes to amend the DELACARE Requirements for Child Placing Agencies to provide clarity, reflect changes in laws and treaties, align with current best practices, and improve standards of care. A proposed draft was originally published in the July, 2013 Register of Regulations. During the period of public comment, comments were received from the Governor’s Advisory Council for Exceptional Citizens, State Council for Persons with Disabilities, and A Better Chance for Our Children. A public hearing was held on July 24, 2013. All comments were considered in preparing the revised draft published in the December 1, 2013 Delaware Register of Regulations. Comments based on the December publication were accepted until January 17, 2014. Comments were received from the Division of Services for Aging and Adults with Physical Disabilities (DSAAPD), State Council for Persons with Disabilities, Governor’s Advisory Council for Exceptional Citizens, and other individuals. Comments were reviewed, considered, and incorporated as summarized below. Public Comments 5.0 Comment recommended a revision of the definition of “Complaint Investigation” so that such investigation is not limited exclusively to OCCL. Wording has been amended. Comment recommended revision of the definition of "Guardian" as the current definition "overlooks the concurrent authority of the Court of Chancery to also appoint guardians of children." The definition has been amended as per advice from the Deputy Attorney General. 16.0 Comments requested that “some provision for notice to affected individuals (e.g. foster and adoptive parents; foster children)” should be required when a Licensee requests a variance “to facilitate input.” Because a variance may be granted when a Licensee can achieve the intent of a Regulation in a satisfactory manner other than originally prescribed and can provide an explanation how the health, safety, and well-being of any child or client of an Agency will be maintained, advance input from “affected individuals” is not required. However, additional text has been added to require disclosure of a granted variance when requested. 18.0 and 18.3 Comments stated “it would be preferable to include a provision disallowing retaliation against individuals both initiating or cooperating with a complaint investigation” and question the “no exceptions policy” of notifying a Licensee or Agency that a complaint is being investigated. Upon advice from the Deputy Attorney General, Regulation 18.0 has been reorganized and text edited. 19.1 Comments recommended expanding notifications to OCCL. Additional text has been added and the section renumbered. As stated in regulation 123.3.3, the elopement of a child is a reportable condition by the foster parent to the Agency. 19.7 and 100.10 Comments questioned the standards listed for room temperature. Additional text has been added and the maximum and minimum room temperatures have been changed to reflect standards recommended by the American Academy of Pediatrics as found in Caring for Our Children, National Health and Safety Performance Standards, Guidelines for Early Care and Education, Third Edition, p. 212. 42.5 through 42.9 Comments questioned barring employment "in any capacity [of] any person convicted of offenses against a child.” Following guidance from the Deputy Attorney General, this section has been revised. Added text is based on the DELACARE Criminal History Record Checks Regulations, which are used when making employment decisions for CPA employees. 44.0 Comments stated that the concept of prohibiting the exploitation of a child is not expressly addressed. This has been added in 75.3. 44.5.1 Comments recommended that “Incident” be substituted for “Incidence.” Text changed. 77.1.6 Comments recommended embellishing with listing conduct that is prohibited. Text added. 77.1.7 Comments recommended adding examples of limitations on behavior management, especially adding the prohibition of mechanical restraints. Text added. 85.4.7 Comments recommended “adding other preparation/orientation activities, including completion of selective service registration.” Text added. 89.0 Comments stated content was overbroad. Text amended. 95.1 Comments questioned the need to “categorically bar anyone over 65 years of age [from] becoming a foster parent”. Restriction removed. 111.1 and 111.2 Comments recommended adding “a standard addressing potentially dangerous pets.” Text added. Victoria Kelly, Director, Division of Family Services, 2/14/14 *Please Note: Due to the size of the final regulation, it is not being published here. A copy of the regulation is available at: 201 Child Placing Agencies ORDER On November 1, 2013, the Delaware Council of Real Estate Appraisers published proposed changes to its regulations in the Delaware Register of Regulations, Volume 17, Issue 5. This notice further indicated that written comments would be accepted by the Board for thirty days, a public hearing would be held, and written comments would be accepted for fifteen days thereafter. After due notice in the Register of Regulations and two Delaware newspapers, a public hearing was held on January 21, 2014 at a regularly scheduled meeting of the Delaware Council of Real Estate Appraisers to receive verbal comments regarding the Council's proposed amendments to its regulations. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED At the time of the deliberations, the Council considered the following documents: Board Exhibit 1 - Affidavit of publication of the public hearing notice in the News Journal; and Board Exhibit 2 - Affidavit of publication of the public hearing notice in the Delaware State News. There was no verbal testimony given at the public hearing on January 21, 2014. No written comments were received by the Council during the initial thirty day public comment period; nor were any written comments received after the public hearing during the fifteen day 29 Del.C. §10118(a) second public comment period. FINDINGS OF FACT AND CONCLUSIONS 1. The public was given notice and an opportunity to provide the Council with comments in writing and by testimony at the public hearing on the proposed amendments to the Council's regulations. 2. There were no public comments provided to the Council during the two written public comment periods, or the public hearing. 3. Pursuant to 24 Del.C. §4006(a)(1) the Council has statutory authority to promulgate rules and regulations clarifying specific statutory sections of its statute. 4. The majority of the proposed changes are changes of an administrative nature. 5. The public was given notice and an opportunity to provide the Council with comments in writing and by testimony at the public hearing on the proposed changes to the Council's rules and regulations. 6. Having received no public comments, the Council finds no reason to amend the regulations as proposed. DECISION AND ORDER CONCERNING THE REGULATIONS NOW THEREFORE, pursuant to 24 Del.C. §4006(a)(1) and for the reasons set forth above, the Council of Real Estate Appraisers does hereby ORDER that the regulations be, and that they hereby are, adopted and promulgated as set forth in the Delaware Register of Regulations on November 1, 2013. The effective date of this Order is ten days from the date of its publication in the Delaware Register of Regulations, pursuant to 29 Del.C. §10118(g). The new regulations are attached hereto as Exhibit A. SO ORDERED this 18th day of February, 2014. DELAWARE COUNCIL OF REAL ESTATE APPRAISERS Georgianna Trietley, Chairperson Lynn Baker, Vice-Chairperson Ronald Mandato Douglas Nickel Bradford Levering Jan Jenkins Frank Long