DEPARTMENT OF EDUCATION

Office of the Secretary

PROPOSED

PUBLIC NOTICE

Education Impact Analysis Pursuant to 14 Del.C. Section 122(d)

239 Behavioral Health Professional of the Year

A. TYPE OF REGULATORY ACTION REQUIRED

New Regulation

B. SYNOPSIS OF SUBJECT MATTER OF THE REGULATION

Pursuant to 14 Del.C. §§8901E and 8906E(a), the Secretary of Education intends to create 14 DE Admin. Code 239 Behavioral Health Professional of the Year. This new regulation responds to House Bill 35 of the 151st General Assembly which requires the Department of Education to establish guidance concerning how Behavioral Health Professional of the Year Award funds may be used by the award recipient.

Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before September 2, 2021 to Department of Education, Office of the Secretary, Attn: Regulation Review, 401 Federal Street, Suite 2, Dover, Delaware 19901 or email to DOEregulations.comment@doe.k12.de.us. A copy of this regulation may be viewed online at the Registrar of Regulation's website, http://regulations.delaware.gov/services/current_issue.shtml, or obtained at the Department of Education, located at the address listed above.

C. IMPACT CRITERIA

1. Will the regulation help improve student achievement as measured against state achievement standards? The regulation does not address student achievement.

2. Will the regulation help ensure that all students receive an equitable education? The regulation is intended to continue to help ensure all students receive an equitable education.

3. Will the regulation help to ensure that all students' health and safety are adequately protected? The regulation does not address students' health and safety.

4. Will the regulation help to ensure that all students' legal rights are respected? The regulation does not impact students' legal rights.

5. Will the regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The regulation does not change the decision making at the local board and school level.

6. Will the regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The regulation does not place any unnecessary reporting or administrative requirements on decision makers. The authorizing law, 14 Del.C. Ch. 89E, will require a school district to study and determine its deserving Behavioral Health Professionals based on the Department's guidelines.

7. Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The decision making authority and accountability for addressing the subject to be regulated does not change because of the regulation.

8. Will the regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The regulation is consistent with and not an impediment to the implementation of other state educational policies.

9. Is there a less burdensome method for addressing the purpose of the regulation? There is no less burdensome method for addressing the purpose of the regulation.

10. What is the cost to the State and to the local school boards of compliance with the regulation? The Department of Education will set aside $5,000 for the exclusive use of the Behavioral Health Professional of the Year. The Department of Education will also provide a $3,000 personal award including Other Employment Costs to the statewide Behavioral Health Professional of the Year. School districts will fund the $2,000 personal award including Other Employment Costs to the person chosen district Behavioral Health Professional of the Year. The chosen charter school will fund the $2,000 award including Other Employment Costs to the person chosen as the one overall charter school Behavioral Health Professional of the Year.

Exhibit B

239 Behavioral Health Professional of the Year

The purpose of this regulation is to establish policies and procedures by which the Behavioral Health Professional of the Year award funds may be used by the designated recipient pursuant to 14 Del.C. §8901E.

The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:

"Behavioral Health Professional of the Year Award Fund" means a $5000 fund set aside within the budget of the Department of Education for the award recipient to make withdrawals from as necessary to fund educational purposes and objectives as described in 14 Del.C. Ch. 89E.

"Behavioral Health Professional of the Year Award Recipient" or "Recipient" means a school employee whose position is health care practitioner or social or human services provider who offers services for the purpose of improving an individual's mental health, such as school counselors, social workers, licensed clinical social workers, school psychologists and school nurses as described in 14 Del.C. Ch. 89E. This designation is given at both the local school district and at the statewide level.

"Department" means the Delaware Department of Education.

3.1 The Behavioral Health Professional of the Year Award Fund, in the amount of $5,000 shall be set aside within the budget of the Department to be used by the statewide Behavioral Health Professional of the Year Award Recipient for educational purposes or objectives benefiting pupils.

3.1.1 The Behavioral Health Professional of the Year Award Recipient shall not directly receive the funds or use them for personal benefit, however, the Recipient may be an indirect or incidental beneficiary as the Behavioral Health Professional of the benefited pupils.

3.1.2 In order to withdraw funds, the Recipient shall present to the superintendent of the local school district a plan for utilization of the award in order to avoid wasteful duplication of materials or violation of school district policy.

3.1.3 Possible use of funds includes, but is not limited to:

3.1.3.1 Purchase of non-consumable materials and supplies (library books, audio visual equipment, crossing signs, computer equipment and programs, musical instruments, specialized furniture);

3.1.3.2 Purchase of otherwise consumable materials that are used by students (paper, notebooks, binders, pens, pencils, paints, instruments, wood and metal);

3.1.3.3 Employment of performers or consultants (touring companies of a dramatic nature or musical group, visiting artist, poet, author or other subject matter expert);

3.1.3.4 Student-centered professional development for building level Behavioral Health Professionals; or

3.1.3.5 Reimbursements to the recipient, not to exceed $500, for personal expenses.

3.1.4 Materials, equipment or other durable items purchased with such funds shall be the property of the local school district or charter school in which the recipient is employed at the time of expenditure.

3.1.5 Invoices, purchase orders or personal reimbursement forms related to withdrawals from the Behavioral Health Professional of the Year Award Fund shall be retained by the local school district or charter school and shall be available for inspection as public records and subject to regular audit by the State Auditor of Accounts.

3.1.6 In the event that all funds set aside for an award recipient have not been completely expended by that recipient at the time when a subsequent award is granted, the remainder of the former recipient's award shall not revert, but shall remain set aside in the name of the former recipient until such time as it is totally expended or the recipient becomes deceased or leaves the State of Delaware.

3.1.7 The Behavioral Health Professional of the Year Award Fund shall be distinct from, and in addition to, the range of awards at the school district or charter school level.

3.2 School districts shall fund the $2,000 personal award, including other employment costs, to the person chosen district Behavioral Health Professional of the Year. The specific charter school which employs the chosen overall charter school Behavioral Health Professional of the Year shall fund the $2,000 personal award, including other employment costs. Additionally, the Department of Education will set aside a $3,000 personal award, including other employment costs, to the statewide Behavioral Health Professional of the Year.