DEPARTMENT OF EDUCATION

Office of the Secretary

Statutory Authority: 14 Delaware Code, Section 122(b)(11) (14 Del.C. §122(b)(11))

14 DE Admin. Code 252

FINAL

REGULATORY IMPLEMENTING ORDER

252 Required Educational Records and Transfer and Maintenance of Educational Records

I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED

Pursuant to 14 Del.C. §122(b)(11), the Secretary of Education intends to amend 14 DE Admin. Code 252 Required Educational Records and Transfer and Maintenance of Educational Records. The Department has reviewed the regulation in order to comply with 29 Del.C. §10407 which requires regulations to be reviewed on a recurring basis every four years. Upon such review the Department concluded that some definitions need to be added or updated and that provisions for student records upon the closure of a charter school pursuant to 14 Del.C. §515(i) needed to be included in the regulation. Additionally, the regulation was updated to comply with the Delaware Administrative Code Drafting and Style Manual.

Notice of the proposed regulation was published in the Delaware Register of Regulations on August 1, 2020. In addition, notice was published in The News Journal and the Delaware State News on August 1, 2020, in the form hereto attached as Exhibit “A”. No comments received for this proposed amended regulation.

II. FINDINGS OF FACTS

The Secretary finds that it is appropriate to amend 14 DE Admin. Code 252 Required Educational Records and Transfer and Maintenance of Educational Records in order to comply with 29 Del.C. §10407 which requires regulations to be reviewed on a recurring basis every four years. Upon such review the Department concluded that some definitions need to be added or updated and that provisions for student records upon the closure of a charter school pursuant to 14 Del.C. §515(i) needed to be included in the regulation. Additionally, the regulation was updated to comply with the Delaware Administrative Code Drafting and Style Manual.

III. DECISION TO AMEND THE REGULATION

For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 252 Required Educational Records and Transfer and Maintenance of Educational Records. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 252 Required Educational Records and Transfer and Maintenance of Educational Records attached hereto as Exhibit “B” is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 252 Required Educational Records and Transfer and Maintenance of Educational Records 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 252 Required Educational Records and Transfer and Maintenance of Educational Records amended hereby shall be in the form attached hereto as Exhibit “B”, and said regulation shall be cited as 14 DE Admin. Code 252 Required Educational Records and Transfer and Maintenance of Educational Records 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 September 8, 2020. 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 8th day of September 2020.

Department of Education

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

Approved this 8th day of September 2020

252 Required Educational Records and Transfer and Maintenance of Educational Records

1.0 Definitions

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

“Court Orders” means any written direction from a court of competent jurisdiction directed to the student or affecting the student’s care or custody.

“Cumulative Record File” means a file containing the Emergency/Nursing Treatment Card, Identifying Data, School Health Record, Progress Report, Student Transcript (for students in grades 9 and above), and Discipline Record.

“Delaware School Health Record” means the form required by 14 DE Admin Code 811 for Delaware public school students.

“Discipline Record” means information about any and all periods of suspension or of expulsion from the regular school setting imposed on a student as a result of an infraction of the school or district’s code of conduct or other rules.

“Emergency/Nursing Treatment Card” means the card containing the general emergency information and procedures for the care of a student when the student becomes sick or injured in school as required in 14 DE Admin. Code 811.

“Emergency/Nursing Treatment Card” means a form containing contact information and general school emergency procedures for the care of a student who becomes sick or injured at school. The card contains the following information: the student's name, birth date, school district, school, grade or class assignment, home address, and telephone number; the name, place of employment and work telephone number of the parent, guardian or relative caregiver; two other names, addresses, and telephone numbers of individuals who can be contacted at times when the parent, guardian or relative caregiver cannot be reached; the name and telephone number of the primary health care provider and family dentist; any medical conditions or allergies the student has; and the student's medical insurance.

“Identifying Data” means the name of the student, date of birth, sex, race and ethnicity, address, telephone number, Delaware student identification number and the name of the parent(s), guardian(s) or Relative Caregiver. parents, guardians, or relative caregivers.

“Progress Report” means a single record maintained for each student in kindergarten through grade 8 that contains end of year and up to date grades; standardized test(s) tests scores such as the state student assessment; and attendance data for each year of the student’s attendance.

"Public School" means a school or charter school having any or all of grades kindergarten through twelve, grade 12, supported primarily from public funds and under the supervision of public school administrators.

“Student Transcript” means a single record maintained for each student in grades 9 and above that contains the following: end of year and up to date grades; credits earned; class rank; Grade Point Average (GPA); withdrawal or graduation date; standardized test(s) tests scores such as the state student assessment, SAT, PSAT, ACT; attendance data and school activities. If applicable, a list of the career technical competencies achieved by a student enrolled in a specific career technical program shall also be included.

13 DE Reg. 1075 (02/01/10)

19 DE Reg. 618 (01/01/16)

2.0 Education Records Required by Schools in Delaware

2.1 Each Delaware school shall maintain a Cumulative Record File either as an electronic or paper file for each student enrolled.

2.1.1 The student Cumulative Record File shall contain the Emergency/Nursing Treatment Card, Identifying Data, School Health Record, Progress Report, Student Transcript (for students in grades 9 and above) and Discipline Record.

2.1.2 The student Cumulative Record File shall also contain any Court Orders in the school or district’s possession, and;

2.1.3 The Cumulative Record File for a child with a disability as defined in 14 DE Admin Code 925 or for a child identified under Section 504 shall contain any records related to the identification, evaluation, placement, and provision of a free appropriate public education. Such documents may be collected and maintained separately.

13 DE Reg. 1075 (02/01/10)

19 DE Reg. 618 (01/01/16)

3.0 Transfer of the Records of Public School and Private Schools Students

3.1 When a student transfers from a public school, private school or an educational program operated by the Department of Services for Children, Youth and Their Families to any other school in Delaware, the receiving school shall immediately request the Cumulative Record File from the sending school or program.

3.2 The Cumulative Record File shall follow each student transferred from one school to another including files for each student with disabilities transferred from one school to another.

3.2.1 Public schools, school districts, private schools and educational programs operated by the Department of Services for Children, Youth and Their Families shall promptly transfer a student’s Cumulative Record File upon the request of a receiving school.

3.2.1.1 Public schools and school districts shall maintain the original Cumulative Record File and provide a copy of the file when students transfer to a private school or educational program operated by the Department of Services for Children, Youth and Their Families.

3.2.1.2 Public schools and school districts shall provide the original Cumulative Record File when transferring records to another public school.

3.2.2 Unpaid student fees or fines shall not be a basis for a public school, school district or an educational program operated by the Department of Services for Children, Youth and Their Families to deny or to delay transfer of the Cumulative Record File.

3.2.3 Students shall not be denied enrollment into a public school on the grounds that the student’s Cumulative Record File has not been received.

3.3 Before transferring student records, a public school, school district or private school shall specifically confirm that the Cumulative Record File contains the student’s Discipline Record.

3.4 When students transfer to a Delaware school from any other school including a school in a foreign country country, the receiving school is responsible for having the transcripts evaluated.

3.5 Upon the closure of a charter school, the student’s Cumulative Record File shall be forwarded to the receiving school in accordance with charter school closure protocol as outlined in 14 Del.C. §512(16) and §515(i).

19 DE Reg. 618 (01/01/16)

4.0 Maintenance of the Education Records of Public Schools

4.1 The Delaware School District General Records Retention Schedule published by the Delaware Public Archives shall be followed as to the length of time and special considerations for the maintenance of education records.

4.2 Contracts for storage of student records of graduates, withdrawals and special education students shall be initiated between the school district or charter school and the Delaware Public Archives.

4.3 The Cumulative Record Files for students who have graduated from or who left school prior to graduation from high school shall be stored at the school or district of last attendance or in the Delaware Public Archives.

13 DE Reg. 1075 (02/01/10)

19 DE Reg. 618 (01/01/16)

5.0 Destruction of Education Records of Public Schools

5.1 The Delaware School District General Records Retention Schedule published by the Delaware Public Archives shall be followed as to the length of time and special considerations for the destruction of any education records.

5.2 The destruction of educational records of children with disabilities shall also comply with the requirements of 14 DE Admin. Code 927.

8 DE Reg. 1112 (02/01/05)

13 DE Reg. 1075 (02/01/10)

19 DE Reg. 618 (01/01/16)

24 DE Reg. 252 (10/01/20) (Final)