DEPARTMENT OF EDUCATION

Office of the Secretary

Statutory Authority: 14 Delaware Code, Section 122 (14 Del.C. §122)

14 DE Admin. Code 718

FINAL

REGULATORY IMPLEMENTING ORDER

718 Health Examinations for Employees of School Districts, Charter Schools, and Alternative Programs

I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED

Pursuant to 14 Del.C. §122, the Secretary of Education intends to repeal 14 DE Admin. Code 718 Health Examinations for Employees of School Districts, Charter Schools and Alternative Programs. This regulation is being repealed as it is unnecessary or unduly burdensome, as these matters are covered by The Americans with Disabilities Act of 1990 as amended ("ADA").

Notice of the proposed regulation was published in the News Journal and the Delaware State News on October 1, 2019, in the form hereto attached as Exhibit "A". No comments were received for this regulation.

II. FINDINGS OF FACTS

The Secretary finds that it is appropriate to repeal 14 DE Admin. Code 718 Health Examinations for Employees of School Districts, Charter Schools and Alternative Programs because it is unnecessary or unduly burdensome, as these matters are covered by The Americans with Disabilities Act of 1990 as amended ("ADA").

III. DECISION TO AMEND THE REGULATION

For the foregoing reasons, the Secretary concludes that it is appropriate to repeal 14 DE Admin. Code 718 Health Examinations for Employees of School Districts, Charter Schools and Alternative Programs. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 718 Health Examinations for Employees of School Districts, Charter Schools and Alternative Programs attached hereto as Exhibit "B" is hereby repealed.

IV. TEXT AND CITATION

The text of 14 DE Admin. Code 718 Health Examinations for Employees of School Districts, Charter Schools and Alternative Programs repealed hereby shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 718 Health Examinations for Employees of School Districts, Charter Schools and Alternative Programs in the Administrative Code of Regulations for the Department of Education.

V. EFFECTIVE DATE OF ORDER

The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on November 14, 2019. 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 November 2019.

Department of Education

Susan S. Bunting, Ed.D., Secretary of Education

Approved this 14th day of November 2019

718 Health Examinations for Employees of School Districts, Charter Schools, and Alternative Programs

1.0 Required Physician’s Certification

At initial employment, all employees of school districts, charter schools and alternative programs shall provide a physician's certification that he or she is free (a) from any medical condition which would prevent the applicant from performing the essential functions of the applicant’s job and (b) free from any medical condition which cannot be remedied through reasonable accommodations. The physician’s certification, along with any other medical information, shall be retained in an individual's file kept in accordance with any Health Insurance Portability and Accountability Act of 1996 (HIPAA) requirement and separate from the individual’s personnel file.

Non regulatory note: See 14 DE Admin. Code 805 The School Health Tuberculosis Control Program for TB screening and testing. Also, see 21 Del.C. §2708 and 14 DE Admin. Code 1105 for requirements for school bus drivers.

3 DE Reg. 526 (10/01/99)

8 DE Reg. 702 (11/01/04)

13 DE Reg. 640 (11/01/09)

23 DE Reg. 447 (12/01/19) (Final)