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DELAWARE
CHARTER SCHOOL
TECHNICAL ASSISTANCE MANUAL
Delaware Department of Education
July, 2012
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DELAWARE CHARTER SCHOOL
TECHNICAL ASSISTANCE MANUAL
July, 2012
The Charter School Accountability Committee
Mary Kate McLaughlin, Chair
Chief of Staff
Karen Field Rogers, Associate Secretary
Financial Reform and Resource Management
Debora Hansen, Education Associate
Visual and Performing Arts, Charter Curriculum Review
Paul Harrell, Director
Public/Private Partnerships
Jennifer Kline, Education Associate
Procedural Safeguards and Monitoring
April McCrae, Education Associate
Science Assessment and STEM
Staff from the Delaware Department of Education in collaboration with representatives from other
state agencies prepared this document. In addition to providing application and operational
information, this manual provides names, addresses, and phone numbers of agency personnel directly
involved in specific areas. However, while there may be changes between annual updates, the
position titles, contact numbers and the address should remain as given.
Comments or suggestions concerning this document should be directed to:
John H. Carwell, Jr.
Director
Charter School Office
Department of Education
401 Federal Street, Suite 2
Dover, DE 19901
(302) 735-4020
(302) 739-4483 – FAX
[email protected]
Sheila Kay-Lawrence
Administrative Secretary
Charter School Office
Department of Education
401 Federal Street, Suite 2
Dover, DE 19901
( (302) 735-4020
(302) 739-4483 – FAX
[email protected]
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TABLE OF CONTENTS
Charter School Application Process ..........................................................................
Partnerships with School Management Organizations ..............................................
Student Recruiting and Admissions ...........................................................................
Charter School Startup Funds ....................................................................................
DELAWARE DEPARTMENT OF EDUCATION PROGRAMS AND SERVICES ..........
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7
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State and Local Funds ................................................................................................
Expenditure of Public Funds ......................................................................................
Transportation ............................................................................................................
School Plant ...............................................................................................................
Interscholastic Athletics .............................................................................................
Student Data Requirements........................................................................................
Delaware Comprehensive Assessment System (DCAS) ...........................................
Licensure/Certification. .............................................................................................
No Child Left Behind (NCLB) Highly Qualified Teacher Requirements……….....
Delaware Performance Appraisal System .................................................................
The Delaware New Teacher Mentoring/Induction Program .....................................
Consolidated Application for Federal Funds .............................................................
Programs for Exceptional Children ...........................................................................
English Language Learners (ELLs) ...........................................................................
Child Nutrition Programs ...........................................................................................
School Climate and Discipline...................................................................................
Health Issues …………………………………………………………………… .....
Educational Program Requirements ..........................................................................
Driver Education Program .........................................................................................
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17
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22
24
25
46
47
53
61
62
65
68
84
88
94
121
125
126
STATE ADMINISTRATIVE AND FINANCIAL SYSTEMS .............................................
128
State Accounting System First State Financials (FSF) ..............................................
State Personnel System (PHRST) ..............................................................................
Accessing State Systems ............................................................................................
Technology – Network and Phone Connectivity .......................................................
Charter School Audits ................................................................................................
State Employee Pension Plan.....................................................................................
Statewide Benefits. ....................................................................................................
Records Management……….....................................................................................
Government Support Services (Surplus, Cantracting, Fleet, Mail, Food, Copiers)...
Employee Leave Policy .............................................................................................
Agency Contacts ........................................................................................................
Steps to Establish Relationships with State Administrative & Financial Agencies ..
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137
143
144
146
158
159
160
163
167
EVALUATION OF CHARTER SCHOOLS ........................................................................
174
DELAWARE CHARTER SCHOOLS RELATED LAWS...................................................
177
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APPENDIX A: STARTUP CHECKLIST ............................................................................
179
APPENDIX B: EMPLOYMENT CHECKLIST ..................................................................
182
APPENDIX C: SPECIAL ED WAIVER REQUEST ..........................................................
183
APPENDIX D: FAMILY MEDICAL LEAVE ACT ...........................................................
187
APPENDIX E: FIRST STATE FINANCIALS (FSF) TRAINING REQUIREMENTS......
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APPENDIX F: MISCELLANEOUS REFERENCES AND RESOURCES ........................
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APPENDIX G: NONREGULATORY GUIDANCE ...........................................................
192
APPENDIX H: FAMILY EDUCATIONAL RIGHTS & PRIVACY ACT.........................
207
APPENDIX I: TRANSFER AND MAINTENANCE OF EDUCATIONAL RECORDS...
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APPENDIX J: APPLYING FEDERAL CIVIL RIGHTS LAWS TO PUBLIC
CHARTER SCHOOLS ..........................................................................................................
214
ORGANIZATIONAL CHART…………………………………………………………… .
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CHARTER SCHOOL APPLICATION PROCESS
Overview
Del. C., Title 14, Chapter 5, authorizes local public school boards and the Department of Education
with the assent of the State Board of Education to accept and approve applications to open charter
schools. Applications are submitted approximately one and one-half years prior to the proposed
opening of the charter school.
Applications to a Local Public Board of Education
Groups interested in submitting an application to a local board of education should contact the
superintendent’s office in the chosen district to determine whether the district is accepting
applications. If it is, the applicant should obtain a copy of the application form that the district will
be using. State code allows district boards to limit the number of applications they will accept. A
local school board shall not be required to accept any applications for a charter school unless; by
September 1 of each year the school board shall affirmatively vote to accept such applications.
Applications to the Delaware Department of Education
Groups interested in submitting an application for a new charter to the Department of Education
should contact:
John H. Carwell, Jr.
Director, Charter Schools
Delaware Department of Education
401 Federal Street, Suite 2
Dover, DE 19901
(302) 735-4020
Format of the Application
Applications to the Department of Education must be submitted on the form provided by the
Department of Education through its web site located at the following address:
http://www.doe.k12.de.us/infosuites/schools/charterschools/schoolapplication.shtml
Application Submission
Applications submitted between November 1 and December 31 (or the first business day after
December 31 if that date falls on a weekend or a holiday) will be reviewed for completeness. Those
applications judged to be substantially complete will be referred to the Secretary of Education and
State Board of Education for discussion at a public meeting in January. At that meeting, a decision
will be made to determine which applications will be considered further. The Department, with the
consent of the State Board of Education, may choose to limit the number of applications it will
consider in any given year or decide not to accept any applications in any given year.
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Application Review Procedures
Applications accepted for consideration will be referred to the Department of Education Charter
School Accountability Committee. As part of the application review process, the Charter School
Accountability Committee will interview applicants. A report of the recommendations of the
Charter School Accountability Committee will be sent to the Secretary of Education and State
Board of Education.
The specific sequence of public meetings is as follows:
Meeting 1: This meeting serves as the only opportunity for the committee to interview the
applicants to determine if the representatives are indeed qualified to operate a charter school.
Meeting 2: This meeting is held amongst members of the charter school accountability committee
to take a vote to determine if the applicant has satisfied the requirements of the 14 criteria identified
in the Delaware State Code (Title 14, Chapter 5 sub section 512). A preliminary report is issued as
a result of this meeting to report to the applicant deficiencies in the application submitted. The
applicant is given 15 calendar days to respond to the committee’s preliminary findings.
Meeting 3: After the committee has reviewed the response from the school concerning the
preliminary report, the committee reconvenes to take another vote on the 14 criteria identified in the
Delaware State Code. A final report with committee recommendations is issued as a result of this
meeting. This report is forwarded to the Secretary of Education.
Meeting 4: This meeting is a public hearing attended by a public hearing officer. It is the final
opportunity for the applicant to submit evidence for consideration by the Secretary and the State
Board.
Meeting 5: The Secretary of Education makes a final recommendation to the State Board of
Education for approval or denial of each application. The State Board will vote on the approval or
denial of the application for the charter school.
The application process must be completed in 90 days. The final recommendations are typically
announced in the April or May State Board meetings.
Assistance from the Department of Education
It is highly recommended that potential applicants to the Department of Education meet with the
Education Associate for Charter Schools prior to beginning the development of the formal
application. Such meetings will allow potential applicants an opportunity to discuss experiences
which previous applicants have had and explore various decisions and tasks which the founders of
charter schools both in Delaware and in the nation have dealt with in planning and starting a charter
school. Previous applicants have indicated that exploratory meetings of this nature aided them in
understanding the expectations that the Charter School Accountability Committee may have had
when reviewing applications.
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PARTNERSHIPS WITH SCHOOL MANAGEMENT ORGANIZATIONS
Overview
A charter school’s board of directors is responsible for the school meeting the terms of its charter.
A number of charter schools have partnered with school management organizations whose
responsibility it is to manage the day-to-day operations of the school under the supervision of the
school’s board.
If an applicant intends to contract with a management organization, a copy of the proposed contract
or management agreement must be included with the application.
Requirements and Procedures
To assure the fiduciary responsibility and interests of the state, the Department of Education
requires that the relationship between the charter school board and any management company be
articulated in a management agreement which will be reviewed by the Department of Education and
other appropriate state agencies including the Office of Management and Budget. The Department
of Education may require that any management agreement submitted for review be revised.
Some of the primary areas that should be addressed in a management agreement are:
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Scope of management services
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Independence of the school’s board from the management organization
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Oversight the board of directors will have over the management partner
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Non-profit status of the charter school under Section 501(c)(3) of the Internal Revenue Code
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Terms outlining the duration, termination, and renewal of the agreement
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Employee status, including payroll and benefits
•
Compensation and financial issues, including budgets, surplus, deficit loans, and other debts
•
Ownership and rights to intellectual and physical property, including real estate
A particular concern for charter schools is their non-profit status, which can affect the school’s
eligibility for federal startup funds under the U. S. Department of Education Public Charter School
Program, as well as the ability to qualify for tax-deductible contributions.
For additional information see the following references:
Del. C., Title 14, Section 512
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STUDENT RECRUITING AND ADMISSIONS
Background
Charter Schools are required to be non-discriminatory in student admissions. In Delaware, charter
schools are expected to publicly advertise information about their educational program and their
admissions procedures. Delaware law allows specific preferences that may be used in charter
school admissions, including: siblings of enrolled students, children of founders of the school,
children of full-time employees of the school, students residing within a specific radius of the
school. See Del. C., Title 14, Section 506 (3) for more specific information on allowable
preferences in admissions in Delaware charter schools.
Federal Civil Rights Laws
Federal Civil rights laws apply to all public schools, including charter schools. The U. S.
Department of Education has released a document titled “Applying Federal Civil Rights Laws to
Public Charter Schools: Questions and Answers “(released May 2000). A copy of this document
is enclosed as Appendix J.
Responsibility for Compliance
The board of directors of a charter school has the primary responsibility for ensuring that the school
is in compliance with both federal civil rights laws and Delaware State Code.
Delaware Requirements
Delaware requirements for student admission to public charter schools are based on Del. C., Title
14, Section 506. Applicants to the Delaware Department of Education for approval to open a new
charter school will be required in their charter application to describe the student recruitment and
admission procedures to be used by the school. Assurances that the procedures to be used will not
violate federal civil rights laws will also be required as part of the charter application.
Requirements for Federal Startup Funds for Charter Schools
The U. S. Department of Education (USDE) requires that oversubscribed charter schools use a
lottery for admissions if the school is receiving startup funds under the Charter School Support
Program.
The USDE provides further clarification on a number of issues in the Public Charter Schools
Program “Nonregulatory Guidance” located in Appendix G.
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CHARTER SCHOOL STARTUP FUNDS
Overview
Since 1996, the Delaware Department of Education has received funds from the U. S. Department
of Education for charter school startup and dissemination activities. The Department no longer
receives these funds. Schools that meet the definition of a charter school in the Federal Charter
School Support Program Grant (CFDA 84.282) may be eligible to apply directly to the U. S.
Department of Education for funds under this program. The process is competitive and is now held
at the federal level.
Department of Education Contact
John H. Carwell, Jr.
Education Associate, Charter Schools
Delaware Department of Education
401 Federal Street, Suite 2
Dover, DE 19901
(302) 735-4020
Requirements and Procedures
Go to the U. S. Department of Education web site to receive more information regarding this source
of funding.
http://www.ed.gov/category/program/charter-schools-program
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DELAWARE DEPARTMENT OF EDUCATION
PROGRAMS AND SERVICES
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STATE AND LOCAL FUNDS
Overview
A charter school is a public school and is not allowed to charge tuition except in accordance with
Chapter 6 of Title 14 of the Delaware Code. A charter school shall not collect fees not permitted to
be assessed by school districts. A charter school is eligible to receive both State funds and funds
from the local school districts in which its students reside.
Department of Education Contact
Scott Kessel
Education Associate, Charter School Finance
Financial Reform and Resource Management Branch
(302) 735-4040
Requirements and Procedures
State and local fund calculations are funding mechanisms that are primarily determined by:
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Student enrollment
Local cost per student rates
Staff certification, experience and education level
Transportation contracts and eligible students
Legislatively mandated funding streams
State funds are generally calculated and disbursed by the Department twice a year:
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Preliminary: 75% of a charter’s estimated state funds are forwarded in July and reflect May
1st student data
•
Final: the remaining balance of state funds are typically forwarded by December; amounts
are recalculated and adjusted to reflect the September 30th unit count
The September 30th Unit Count is:
•
A statewide student count that is conducted each year by the Delaware Department of
Education. District and charter allocations are based on a ratio of students. The ratios are
considered as equivalent to a funding “unit” as referenced in Del. C., Title 14, Section 1703.
•
Local funds are calculated using Needs Based Funding divisors. Local Funds calculations
per student category by school district can be located at the following site:
http://www.doe.k12.de.us/infosuites/schools/charterschools/schoolapplication.shtml Click
on the Revenue Estimates link and the rates are detailed on that page.
•
Local fund billings to the districts are displayed on the web after July 1for preliminary
billing of 35% and after September 30 unit count for final billing.
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•
Revisions to Final: During the remaining months of a current fiscal year, charters are
responsible for working with local districts to resolve all student disputes.
State and Local Revenue Calculations for Existing Charter Schools
State Appropriations
Chapter 5 of the Delaware Code exempts charter schools from many of the regulations followed by
school districts. One exception is the set of regulations associated with charter school financing
(Del. C., Title 14, Section 509). Preliminary and final state revenue calculations for existing charter
schools are based on funding formulas that are specifically determined by:
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Students
a) Pre-registered students in eSchool on May 1st.
b) Registered students in eSchool as of September 30 unit count
c) Student district of residence
d) Needs Based funding category of the students
Note: eSchool is the electronic system the State uses to enter and count students.
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Staff
a) Earned Division I units and other staff positions based on student enrollment
Needs based categories and divisors:
Regular/Special K-3
1 teaching unit per 16.2 students
Regular Students 4-12
1 teaching unit per 20 students
Special Students 4-12 Basic
1 teaching unit per 8.4 students
Special Students 4-12 Intense
1 teaching unit per 6 students
Special Students 4-12 Complex
1 teaching unit per 2.6 students
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1 Administrative Assistant
1 11 month supervisor for every 150 teaching units
1 transportation supervisor for every 7000 students
1 Principal minimum 15 teaching units
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.65 Assistant Principal for 25 or greater teaching units OR
1 Assistant Principal for between 25 and 50 teaching units OR
1.65 Assistant Principals for greater than or equal to 50 teaching units OR
2 Assistant Principals if teaching units are greater than or equal to 55
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1 visiting teacher for every 250 teaching units
1 driver education teacher for every 125 10th grade students
1 nurse for every 40 teacher units (if less than 40 school receives .3 of a nurse)
1 academic excellence unit for every 250 teaching units
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1 related services specialist for every 57 units of Regular/Special K-3 plus Regular Students 4-12
plus Special Students 4-12 Basic
1 related services specialist for every 5.5 units of Special Students 4-12 Intense
1 related services specialist for every 3 units of Special Students 4-12 Complex
1 clerical unit for every 10 teaching units
Custodial units are determined by certain space specifications. Calculated by the Education
Associate for School Plant Planning in accordance to regulation and state law. (See School Plant
Planning Section)
.73 cafeteria manager if food is served in a cafeteria
.62 cafeteria worker for every 100 students
Health insurance for each eligible position (not for cafeteria workers) is funded fully by state
funds
b) Teacher education, experience and certification pursuant to Section 507 of Delaware
Code
(i) Preliminary calculations use the last final staff salary averages approved in
the prior fiscal year
(ii) Final calculations use staff salary averages as calculated from the December
15th staff roster
•
Additional State Sources (as applicable)
a) State Consolidated Grant
• Professional and Curriculum Development (Based on the number of eligible
staff that are in these types of positions)
b) Other Funds (as applicable)
• Div II Vocational Units
• Div II All Other Costs and Energy (# of Division II Units * $2955 for All
Other Costs and * 2435 for Energy)
• Div III Equalization (# Division II Units * Equalization rate for students
based on the district of origin)
• Academic Excellence Div II and III (# Academic Excellence Units * $2955
All Other Costs and * Equalization rate for students based on the district of
origin)
• MCI (Minor Capital Improvements) / Annual Maintenance
• Transportation ( Rates based on 70% of the average cost to transport a
student in the Vocational technical schools by county)
• Driver Education (available only to schools with 10th grade students and
earning driver ed units)
The Department is responsible for calculating and disseminating all preliminary and final state
revenues. These allocations include funds for a full contract/fiscal year (July 1st to June 30th). With
the exception of Minor Capital Improvement funds (MCI), the majority of state funds are forwarded
to each charter school’s “Operations” appropriation. MCI funds for a school beyond its initial year
of operation are forwarded to the school’s “MCI Operations” appropriation. MCI funds are not
available for a school in its first year of operation.
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On occasion, adjustments will be made to a charter school’s final state revenue. Typically, these
adjustments will be made by the Department. Circumstances that may result in the modification of
a charter’s final revenue calculation include but are not limited to:
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Audit findings that result in the disallowance of students
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Teacher certification updates approved after December 15th for the current fiscal year by the
Department’s Professional Accountability Group
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Educator’s completion of professional development to include National Board Teacher
certification as approved by the Department’s Professional Accountability Group
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State retirement payouts
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State fund payouts shall be made for the retirement or termination of a charter employee
who fills an earned state unit and is listed on the staff roster as submitted to DOE
Certification as of December 15th; if the employee is not listed on the aforementioned
roster, the charter school shall also provide from the 12/15 roster the name of the
employee who previously occupied the position during the same fiscal year of the
retirement or termination
•
Charters shall provide confirmation that termination pay has been issued to the
retiring/terminating employee by submitting a copy of PHRST report DPR011 which
verifies a termination check has been issued
•
Determination of Annual (Vacation) and Sick Leave Payouts
• Annual (Vacation) Leave
• Pursuant to Delaware Code, Section 1318 (h), 42 days is the
maximum amount of annual leave which any employee shall be
permitted to accumulate and carry into the new fiscal year
• The charter school shall provide to the Education Associate, Charter
School Finance:
 The balance of the eligible employee’s remaining annual
(vacation) days
 The monthly accrual rate
 The date of retirement
• Sick Leave
• Pursuant to Delaware Code, Section 1318 (g), any eligible employee
shall, upon retirement, be paid for each unused sick leave day, not to
exceed 90 days. The total amount paid shall be based upon the
portion of salary computed in accordance with state schedules, and
shall be based upon 50% of the per diem rate of pay in effect at the
time of retirement.
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•
A sample of a state funds calculation can be found at the following site:
http://www.doe.k12.de.us/infosuites/schools/charterschools/schoolapplication.shtml Click
on the Revenue estimates link and the State Detail tab of the spreadsheet.
School District Local Fund Transfers
The Department of Education will post to the web all billing information and the districts will
access this information. The districts will make the 35% payment for preliminary funding based on
pre-registered students as of May 1. Districts will process the remaining 65% payment after the
September 30 unit count but no later than November 30th.
Occasionally, there will be disputes regarding students. This may occur when addresses listed on
student rosters do not agree with the identified district of residence. Local school districts are
required to notify the charter school of all disputed students and to forward payment for all nondisputed students. Charter schools shall locate the correct district of residence and make the
appropriate changes to eSchool.
State and Local Revenue Estimates for New Charter School Applicants and Existing Charter
Schools
In accordance with instructions for new charter applicants and existing charter schools seeking
modifications and renewals, submitted documents must include budget worksheets that provide
estimates of revenues and expenditures. A revenue estimate for state and local funds may be
obtained by accessing this link:
http://www.doe.k12.de.us/infosuites/schools/charterschools/schoolapplication.shtml. Click on the
Revenue Estimates link, enter the students by district and category and the spreadsheet will
calculate an estimate.
Important Dates for State and Local Funding
May 1
Pre-register students in eSchool
July 1
First day of new fiscal year and loading of preliminary state funds
July 1 – 30
35% local billing information available on web, Districts make 35%
payment to charter schools
September 30
Unit count due date (Annual count of students to determine final funding)
By November 30
DOE calculation and distribution of final state and local funds
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Training of Charter School Board and Citizen Budget Oversight Committee Members
All Charter School board members and Citizen Budget Oversight Committee members must be trained
by a sponsored Delaware Department of Education training session. Sessions will be advertised through
the school leaders and then shared with board and committee members.
Within these training materials are sample budgets and other pertinent documents that business
managers in a charter school should be maintaining to responsibly manage the funds of a charter school.
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EXPENDITURE OF PUBLIC FUNDS
Overview
Charter schools are required to use the same bid process as other state agencies. Purchases must be
made, and contracts must be awarded, according to the thresholds in the law. If you have questions
about quotes or bids for services, materials, or public works please contact:
Pete Teague, State Contract Procurement Administrator
Office of Management and Budget
857-4552
[email protected]
Dean Stotler, Director, Government Support Services
Office of Management and Budget
857-4501
[email protected]
Additional resources including all statewide awarded contracts, bid templates and sourcing options
may be found on MyMarketplace.Delaware.Gov. A detailed decision matrix on procurement
decisions may be found in the “Procurement” section of the State Budget and Accounting Manual at
http://www.budget.delaware.gov/accounting-manual/chapter05v54.pdf.
According to an Attorney General opinion of July 30, 2007 “…we conclude that Delaware charter
schools are subject to the State procurement laws set forth in Chapter 69 of Title 29 of the
Delaware Code. Specifically, we conclude that the General Assembly has not exempted charter
schools from the provisions of the State procurement laws. Further, charter schools fall within the
definition of an “agency” as that term is defined in 29 Del. C. § 6902(1).”
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TRANSPORTATION
Overview
A Delaware charter school has a choice of providing transportation to its own students or asking the
school district where the charter school is located to provide transportation. If the charter school
provides transportation for its students, it may contract out the service. In any event, the school’s
transportation activities must meet state requirements as described below:
Department of Education Contact
Ron Love
Education Associate
Pupil Transportation
Financial Reform & Resource Management Branch
(302) 735-4280
Requirements and Procedures
All schools, including charter schools, must follow these requirements:
1) Transportation funds are only provided for students in grades K-12.
2) Transportation funds for students in grades K-6 are provided only for students living one mile
or more from the school.
3) Transportation funds for students in grades 7-12 are provided only for students living two miles
or more from the school.
4) Federal law prohibits the sale of vehicles with a capacity of more than ten occupants (in
addition to the driver) that do not meet school bus specifications from being used to transport
students to and from school or related school activities.
5) State law states that after July 1, 1998, newly purchased and newly leased vehicles with a rated
capacity as defined by the manufacturer to carry more than ten passengers in addition to the
driver that are used to transport preprimary, primary, and secondary pupils between home and
school or to school related events shall meet state and federal specifications and safety standards
applicable to school buses.
6) State law permits contract charter buses meeting federal Department of Transportation standards
to be used for field trips.
7) Students who reside in the same school district as the district where the charter school is located
are not permitted to cross a four-lane road to walk to school without a crossing guard or to cross
a four-lane road to get on or off a school bus as well as safe student access between the buses
and the school.
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8) Transportation to school activities/field trips is provided at the expense of the charter school and
is not reimbursable.
9) The school’s board of directors needs to carefully review the school’s location to ensure that
there is sufficient space for safe school bus maneuvering and parking.
District Transportation Plans
When a district provides transportation to charter school students, the Department of Education
does not provide reimbursement to the charter school for transportation costs. If a charter school
asks the school district in which it is located to provide transportation, that district will only be
required to provide transportation in accordance with the following:
1) Prior arrangements are to be made with the district. During the initial discussions with the
district, the charter school should have some estimate of their transportation requirements
including: locations, loads, and special needs (e.g., lift buses). The district should be contacted
prior to May 1 to make final arrangements for transportation for the following school year. The
charter school must provide names and addresses of all students to be transported, as well as the
designated pick up/drop off points.
2) The district may not be asked to send buses outside the district to pick up students or to make
special routes within the district for charter school students.
3) Charter school students being transported on district school buses must get to regular designated
stops. Students residing outside the district must be transported by the parent to and from the
assigned pick up/drop off point.
4) Charter schools must adjust their school calendar and daily schedules to that of the local district
so that available transportation can be used.
5) School bus discipline cases will need to be coordinated between the charter school and the
district transportation supervisor.
6) The school district transportation supervisor will be notified to attend IEP meetings that involve
transportation for a student with disabilities.
7) The charter school will provide a point of contact and alternate for notification of school
closures. The charter school will need to be included in any emergency plans concerning
transportation.
Charter School Transportation Plans
General Requirements:
1) Drivers shall meet Division of Motor Vehicles (DMV) qualification requirements and
DOE requirements to operate a school bus.
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2) School bus aides shall meet DOE requirements for aides.
3) The charter school shall maintain driver and training records. Driver’s records may be
checked by setting up an account with the Division of Motor Vehicles (DMV). Contact
at the DMV may be made by calling 744-2596.
4) The school shall designate a person as school transportation supervisor. This person will
approve school bus drivers’ license fee waivers, sign the drivers’ physical cards (green
cards) and sign the school bus drivers’ certificates (yellow cards). Additionally, the
transportation supervisor will develop and update contingency plans and maintain school
bus accident report files.
5) The charter school shall set up a drug/alcohol testing program for school bus drivers and
aides if the school provides transportation. The school may use the current contracted
services set up by the School Transportation Office. The charter school shall ensure the
same services are used by any contractors that provide transportation.
6) The school shall provide an appropriate amount of collision and liability insurance.
7) Safe routes shall be designated and approved by the charter school.
8) School bus evacuation drills should be accomplished in the fall and spring.
If the charter school provides transportation, the Department of Education will provide funds to that
school for each transported student. The level of funds will be as specified in Del. C., Title 14, §
508. Transportation must be offered to all those eligible and for whom the charter school receives
funding. It is highly recommended that school buses be used. If so, the buses must meet the
Delaware School Bus Standards and not exceed 14 model years in age. School buses will be
inspected twice a year (January or February and June, July, or August). It is permissible to use vans
with a capacity of less than eleven. If vans are purchased, they must be bought off the state
contract.
If the charter school utilizes a contractor for student transportation, the Department of Education
will reimburse the charter school as specified in Del. C., Title 14, § 508. The contractor shall obtain
the same level of collision and liability insurance as required by contractors on traditional public
school routes. The school transportation contracts will identify the buses to be used (bus #, size,
model year, license and VIN #) and will be submitted to the DOE Education Associate, Charter
School Finance by September 1 each year.
If parents transport their child, the school will need a parent’s statement waiving the school’s
transportation. Parents may request that the school provide transportation at a later date.
For additional information see the following reference documents:
•
•
•
Del. C., Title 14, Chapter 5 (Charter Schools), Section 508, Responsibility for Student
Transportation
DOE Regulation 805 – Tobacco Policy
20
•
•
•
•
•
•
•
•
•
•
•
•
DOE Regulation 877 – The School Health Tuberculosis (TB) Control Program
DOE Regulation 1101 - Standards for School Bus Chassis and Bodies Placed in Production
on or after March 1, 1998 (Terminology and School Bus Types are described in the National
Standards for School Transportation 1995)
DOE Regulation 1102 - Standards for School Bus Chassis and Bodies Placed in Production
on or after March 1, 2002 and on or after March 1, 2003 with Specific Changes for Buses
Placed in Production after January 1, 2004 (Terminology and School Bus Types are those
described in the National School Transportation Specifications and Procedures (NSTSP),
May, 2000
DOE Regulation 1103 - Standards for School Bus Chassis and Bodies for Buses placed in
production on or after January 1, 2007 (Terminology and School Bus Types are those
described in the National School Transportation Specifications and Procedures (NSTSP),
May 2005)
DOE Regulation 1104 - Standards for School Buses placed in production on or after January
1, 2012 (Terminology and School Bus Types are Those Described in the National School
Transportation Specifications and Procedures (NSTSP), May 2010- available at
http://www.ncstonline.org).
DOE Regulation 1105 – School Transportation
School Bus Drivers Handbook
DMV Regulation 2222 – School Bus Driver Qualifications and Endorsements
DNREC Regulation 1145 – Excessive Idling of Heavy Duty Vehicles
Del. C., Title 14 and Title 21 also contain several chapters pertaining to pupil transportation
Federal law for students with special needs
49 Code of Federal Regulations, Parts 40 and 382 regarding drug/alcohol testing
21
SCHOOL PLANT
Overview
As an independent school, each charter school must arrange for and finance its own school
facilities. School facilities for charter schools are approved by the local jurisdiction through the
issuance of a Certificate of Occupancy.
Charter school facilities shall be designed and/or constructed to meet the function and occupancy
load placed on the facility. School facilities should also be designed and/or constructed to further
enhance the educational process of the students who will occupy it.
Department of Education Contact
Despina Wilson
Education Associate,
School Plant Planning and Maintenance
Finance and Administrative Services Branch
(302) 735-4040
Requirements and Procedures
Charter schools are responsible for the design, construction, finance, and operation of their own
school facilities. All codes, rules, and regulations are based on the local city, town, or county where
the school will be located.
Some charter applicants may not have identified or acquired control of a school facility at the time
of application. In these instances when the Department of Education is the approving authority, a
successful applicant will be required to notify the Department of the school site by a specified date
and then provide a construction/renovation plan for preparation of the site for school opening.
During a construction/renovation period, the Department will make site visits (announced and
unannounced) to monitor the progress of the school in preparing the facilities for school opening.
A recent amendment to the law requires that new charter applicants must obtain a Certificate of
Occupancy by June 15th prior to the opening of the school. It is critical that the applicant allow
sufficient time for the permit processing to ensure the facility is approved within a timely manner.
Contact should be made early in the process with various agencies to determine when requests must
be submitted for approval. Many agency approval processes require significant lead-time and
multiple steps. If the board of directors of a charter school is unable to obtain the Certificate of
Occupancy by this schedule, school opening will be delayed one year.
Charter schools are not included in the Major Capital Improvement Program. However, charter
schools are provided a share of Minor Capital Improvement Program appropriations in the same
manner as regular public school districts. The minor capital funds provided are not subject to the
rules of expenditure as prescribed for regular public school districts. The funds will be included
with the normal distribution of public funds and are subject to the rules governing those funds.
22
To qualify for Minor Capital Improvement Program funds, the school’s physical plant must meet all
codes, rules, and regulations applicable to a public school. It is incumbent on the applicant to
obtain the necessary approvals required for the issuance of a Certificate of Occupancy by the
authorities having jurisdiction.
Once a charter school has opened, a copy of the final floor plan shall be sent to the Department of
Education for custodial allocation review. The Department shall determine the total number of
custodial positions allocated to the school based on the current State formula for school custodians.
Prior to the construction of a new charter school or the renovation of an existing building as a
charter school, it is recommended that the charter school review the following websites for laws and
regulations regarding asbestos in school construction.
For State of Delaware laws pertaining to asbestos you can follow the link below at:
www.state.de.us
Government
Legislation – Delaware Code
Title 16 – Health & Safety
Chapter 78 - Asbestos
For Federal EPA laws and additional information pertaining to asbestos you can follow the link
below at:
www.epa.gov/schools or www.epa.gov/asbestos
You can also contact the regional EPA office in Philadelphia at:
Asbestos Program Coordinator
USEPA Region 3
1650 Arch Street
Philadelphia, PA. 19103-2029
(215)814-2103
For additional information see the following reference documents:
Del. C., Title 14, Chapter 5 (Charter Schools)
Department of Education School Construction Manual
23
INTERSCHOLASTIC ATHLETICS
Overview
Charter schools having any combination of grades 6 - 12 and choosing to participate in
interscholastic athletics may petition the Delaware Interscholastic Athletic Association (DIAA) for
membership. All members of DIAA must pay dues and conduct their interscholastic athletic
program in accordance with the association’s constitution and bylaws.
This only pertains to interscholastic athletics and not to intramural sports or physical education
classes.
Department of Education Contact
Kevin Charles
Executive Director
Interscholastic Athletics
Adult Education and Workforce Development Branch
(302) 857-3365
24
STUDENT DATA REQUIREMENTS
Overview
The Delaware Department of Education (DDOE) collects data on all public school students. The
information is needed to complete the Department’s assigned responsibilities and to respond to
requests from the federal government, Delaware state legislature, Governor, and other state
agencies. By providing the data at established times, school districts and charter schools are
relieved of the responsibility of responding to numerous and varied requests individually
throughout the year.
To assist school districts and charter schools in maintaining this data and to be able to identify each
student uniquely, DDOE has created the Delaware Student Information System (DELSIS) web site
accessible to every school and district office. This system assigns a unique number to each student.
Every school needs to use this state ID to report on students during the year.
Information on students is critical; however with new federal reporting requirements and state
accountability legislation it has become necessary to maintain data on a daily basis. See the Data
Element Dictionary and the Data Acquisition Calendar for the data elements needed. DDOE uses
the NCES (National Center for Education Statistics) standards for data definition. For those
districts and charter schools using the statewide Pupil Accounting System this is done
automatically.
Department of Education Contact:
Corey Downer
Technician
DELSIS Manager
Assessment and Accountability Branch
(302) 735-4140
[email protected]
Requirements and Procedures
Training:
Individual training in the use of DELSIS and its modules is provided by appointment. Please call
Corey Downer. Experience has shown that initial training typically lasts one to three hours
depending on the trainee’s experience with computers. It is recommended that a staff member from
each of the new charter schools have initial training on DELSIS in April or May preceding school
opening. This will allow school staff time to build the student database for the new school before
school begins and survey information is requested in September. Sample Excel spreadsheets are
available from DDOE that include data and code requirements.
Statewide Student Surveys:
Each year, a complete statewide student census is taken on September 30 to coincide with the Unit
Count. During the year, daily updates will be needed to maintain DELSIS for use with the
Delaware assessment program. The data must be provided in an electronic form such as an Excel
25
spreadsheet. See the Data Element Dictionary and the Data Acquisition Calendar for the data
elements needed.
Student Tracking System:
Because charter schools receive “local” funds from the districts in which their students reside,
charter schools need to begin using DELSIS after the school opens in order to provide the
Department with accurate information regarding student location. This will facilitate the transfer of
“local” funds for students enrolled in the charter school. See the Data Element Dictionary and the
Data Acquisition Calendar for the data elements needed.
Suspensions & Expulsions:
Each year on June 30, DDOE requests each school to submit the name, state ID, birth date,
infraction (by code), suspension date, and duration of all suspended or expelled students for the
previous school year. Suspension and expulsion data may be entered through a DELSIS report
interface at any time during the school year, or all at once in a spreadsheet by June 30. See the
Data Element Dictionary and the Data Acquisition Calendar for the data elements needed.
Dropout Report:
Each year on June 30, DDOE requests each school to submit the name, state ID, birth date, address,
dropout date, reason for dropping out (by code) of all students known to have dropped out of school
during the previous school year. Each dropout entry must have these elements. Dropout data may
be entered through a DELSIS report interface at any time during the school year, or all at once in a
spreadsheet by June 30. See the Data Element Dictionary and the Data Acquisition Calendar for
the data elements needed.
11th and 12th Grade Addresses:
Each year on January 31, DDOE requests each high school submit the names, state IDs, and
addresses of its 11th and 12th grade students. This information is passed on to higher educational
institutions in Delaware, allowing them to make the students aware of higher education
opportunities in Delaware. U.S. Armed Forces recruiters may also request this data as it is
considered public directory information. School districts and charter schools may request this
information not be released to specific groups outside the educational community and DDOE will
comply with their wishes. See the Data Element Dictionary and the Data Acquisition Calendar for
the data elements needed.
Student Conduct Reports:
Del. C., Title 14, Section 4112 requires that all public schools (including charter schools) report to
the DDOE certain serious offenses committed by students within five days, as well as mandatory
police notification. Each school must enter the offense in DELSIS. Schools may review any
records entered on their students using the on-line system. See the Data Element Dictionary and
the Data Acquisition Calendar for the data elements needed.
LEP Student Data Entry:
All information on LEP students must be entered into DELSIS on the LMS/LEP webpage as soon
as possible after the enrollment of the student into the school. The English language proficiency
assessment, the LAS, must be administered if the Home Language Survey states that there is
another language other than English spoken by the student or in the home. Students are identified
as LEP through the LAS.
26
Free & Reduced Price Lunch Report:
Each year, DDOE requests each school submit the names, state IDs, birth dates, and a code
indicating whether a student is qualified to receive a free or reduced price lunch. This information
is required to fulfill Federal IASA legislation. This information is very sensitive and can be used
only for this purpose. See the Data Element Dictionary and the Data Acquisition Calendar for the
data elements needed.
27
Data Elements Required by DOE on all Public School Students
For non eSchoolPLUS users: file can be uploaded to the DOE SFTP site by the end of the business day every day for the next day's update to DELSIS.
(revised 8/29/2005)
Data Element
STUDENT
Data Source
Data Element Definitions
State Student ID
First Name
Middle Name
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
Last/Surname
Generation code
Race
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
Sex
Birthdate
eSchoolPLUS
eSchoolPLUS
SSN
Vocational Status
TechPrep Status
COOP Status
Student Curriculum
Vocational Career Cluster
Street Number
Street Prefix
Mailing Street name
Street Suffix
Street Type
Mailing Complex
Mailing Apt. Number
Mailing City
Mailing State
Mailing Zip
Telephone Status
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
Delaware Department of Education Student Identification Number
First Name--A name given to an individual at birth, baptism, or during another naming ceremony, or through legal change.
Middle Name--A secondary name given to an individual at birth, baptism, or during another naming ceremony, or through legal
change.
Last/Surname--The name borne in common by members of a family.
Generation Code--An appendage, if any, used to denote an individual's generation in his family (e.g., Jr., Sr., III).
Race/Ethnicity--The general racial or ethnic heritage category which most clearly reflects the individual's recognition of his or
her community or with which the individual most identifies.
Sex--A person's gender.
Birthdate--The month, day, and year on which an individual was born. For example, a date of June 21, 1981 would be entered as
06/21/1981.
Student Social Security Number. Hyphen's included. Optional
Vocational Status--Indicates if the student is enrolled in a vocational program
Tech Prep Status--Indicates if the student is enrolled in a Technology Preparation program
COOP Status--Indicates if the student is enrolled in a Cooperative education program
Student Curriculum--The student's primary curriculum of study.
Vocational Career Cluster student is enrolled in - see code list
Street Number of a physical address.
(if applicable) The prefix used in the physical address, i.e. (North, South, East, West)
Name--The street number and street name of a physical address.
(if applicable) If a Suffix is used enter it in this column , i.e. (SW, N, W)
(if applicable) The type of Street in the Physical Address, i.e. (Road, Lane, Street)
Name or description of apartment physical complex.
Apartment/Room/Suite Number--The apartment, room, or suite number of a physical address.
City--The name of the city in which a physical address is located.
State- The name of the state in which a physical address is located.
Zip Code--The five or nine digit zip code portion of a physical address.
Telephone Status--An indication of special circumstances which affect communication to an individual, organization, or
institution via a telephone (e.g., no telephone)
Telephone Number--The telephone number including the international code, and area code.
Yes or No
Telephone Number
eSchoolPLUS
School Choice Transportation eSchoolPLUS
eligible
District Code
eSchoolPLUS
Enrolled district
32
School Code
Grade level
eSchoolPLUS
eSchoolPLUS
Resident District
Resident School
Caregiver
Caregiver Relationship
Tuition Student
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
Tuition Responsibility
Entry Type
Entry Date
Withdrawal Type
Dropout Reason
Withdrawal Date
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
School Year
Accountability School
eSchoolPLUS
eSchoolPLUS
Enrolled school
Grade Level--The grade level or primary instructional level at which a student enters and receives services in a school or an
educational institution during a given
District in which the student resides
School in district in which the student resides and would normally be assigned
Yes or No - Does the student reside with a caregiver?
Relationship of the caregiver to the student. See code table.
Tuition Students are those students for whom tuition may be assessed as defined in the Delaware Code and/or by DOE
regulations
Tuition Responsibility is the school district or other entity that is responsible for paying the tuition assessed for Tuition Students
Entry Type--The process by which a student enters a school during a given academic session.
Date student entered servicing school
Exit/Withdrawal Type--The circumstances under which the student exited from membership in an educational institution.
If Withdrawal type = Dropout--The reason for the student dropping out
Exit/Withdrawal Date--The month, day, and year of the first day after the date of an individual's last attendance in school (if
known), the day on which an individual was graduated, or the date on which it becomes known officially that an individual left
school. For example, a date of June 21, 1981 would be entered as 06/21/1981.
Current school year
School accountable for student
SCHOOL CONDUCT REPORT
Conduct Incident
Incident ID
Followup
School Year
Incident Date
Incident Time
District
School
Lowest Grade
Location
Location Desc
Gang Related
Sexual Orientation related
IncidentDescription
PoliceNotified
PoliceDept
PoliceNotifiedDate
OfficersName
PoliceRespondDate
ChargesFiled
PoliceComplaint
FormPreparedBy
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
Auto-generated and unique statewide incident number
Y/N - is follow-up reporting needed to complete information after the initial 5 day data entry deadline?
School Year during which the incident occurred
Date on which the incident occurred
Time at which the incident occurred
District code where incident occurred
School code where incident occurred
no longer required
Conduct Location Code indicating where the incident occurred
Description of where the incident occurred
no longer required
Y/N - was the incident sexual orientation related?
Brief description of the incident
Y/N - were the police notified?
Which Police Department was contacted? - coded
Date on which the police were notified
Name of the responding officer
Date on which the police responded
Y/N - were charges filed?
Police complaint number
Name of person who prepared the School Conduct Report
29
SuperDesignee
FormPhone
FormDate
eSchoolPLUS/DELSIS Name of the Superintendent/Designee who approved report
eSchoolPLUS/DELSIS Phone number of person who prepared the School Conduct Report
eSchoolPLUS/DELSIS Date on which the School Conduct Report was completed
SCHOOL CONDUCT REPORT
Conduct Offender
State Student ID
Followup
Incident ID
School Year
Offender Code
Last Name
First Name
Middle Name
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
Suffix Name
NonStudentTitle
Sex
Race
Age
District
School
Grade
Street
City
State
Zip
Phone
Offense1 Code
Offense1 SubCode
Offense Description
Offense2 Code
Offense2 SubCode
Offense3 Code
Offense3 SubCode
Offense4 Code
Offense4 SubCode
Offense5 Code
Offense5 SubCode
Offense Disposition
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
Disposition Duration
eSchoolPLUS/DELSIS
Delaware Department of Education Student Identification Number
Y/N - is follow-up reporting needed to complete information after the initial 5 day data entry deadline?
Auto-generated and unique statewide incident number
School Year during which the incident occurred
Type of offender from Code List
Last/Surname--The name borne in common by members of a family.
First Name--A name given to an individual at birth, baptism, or during another naming ceremony, or through legal change.
Middle Name--A secondary name given to an individual at birth, baptism, or during another naming ceremony, or through legal
change.
Generation Code--An appendage, if any, used to denote an individual's generation in his family (e.g., Jr., Sr., III).
Brief description of non-student offender (mother, father, etc.,)
Sex of offender
Race of offender
Age of offender at the time of the offense
District code where offender is enrolled
School code where offender is enrolled
Grade in which offender is enrolled
Street address where offender resides
City where offender resides
State where offender resides
Zip code where offender resides
Offender's phone number
Offense code from School Conduct Report form
Offense Subcode from School Conduct Report form
Brief description of the offense
Offense code from School Conduct Report form
Offense Subcode from School Conduct Report form
Offense code from School Conduct Report form
Offense Subcode from School Conduct Report form
Offense code from School Conduct Report form
Offense Subcode from School Conduct Report form
Offense code from School Conduct Report form
Offense Subcode from School Conduct Report form
Disciplinary Action Type--The method of punitive or corrective action taken by the school to reprimand or rehabilitate a student
after an offense is committed.
Length of disciplinary action assigned
30
CDAP Alternative Placement
Police Action
Parent Notified
Parent Name
Parent Phone
Charges Filed
Charged By
Charged With
Charge Date
Charge Description
Charge Disposition
FollowUp Agency
FollowUp Date
FollowUp Disposition
Other Action
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
Y/N - was the offender assigned an alternative placement in a Consortium Discipline Alternative Program?
What police action was taken? From code list
Y/N - was parent notified?
Parent's Name
Parent's Phone number
Y/N - were charges filed?
no longer required
no longer required
no longer required
Description of charges
no longer required
The school that enters the data
New followup date if needed
New disposition if needed
Other action if needed
SCHOOL CONDUCT REPORT
Conduct Victim
IncidentID
State Student ID
SchoolYear
Victim Code
LastName
Firstname
MiddleName
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
SuffixName
DOB
NonStudentTitle
Sex
Race
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
Age
District
School
Grade
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
Street
City
State
ZIP
Phone
ParentNotified
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
Auto-generated and unique statewide incident number
Delaware Department of Education Student Identification Number
School Year during which the incident occurred
Type of Victim from Code List
Last/Surname--The name borne in common by members of a family.
First Name--A name given to an individual at birth, baptism, or during another naming ceremony, or through legal change.
Middle Name--A secondary name given to an individual at birth, baptism, or during another naming ceremony, or through legal
change.
Generation Code--An appendage, if any, used to denote an individual's generation in his family (e.g., Jr., Sr., III).
Victim's date of birth
Brief description of non-student victim (paraprofessional, teacher, etc.,)
Sex--A person's gender.
Race/Ethnicity--The general racial or ethnic heritage category which most clearly reflects the individual's recognition of his or
her community or with which the individual most identifies.
Age of victim
Enrolled district
Enrolled school
Grade Level--The grade level or primary instructional level at which a student enters and receives services in a school or an
educational institution during a given
Street address of victim
City address of victim
State address of victim
Zip code of victim
Telephone number of victim
Y/N - was the victim's parent notified?
31
SUSPENSION/EXPULSION REPORT
Data should be updated as incidents occur. Final collection will be NLT June 30.
State Student ID
First Name
Middle Name
eSchoolPLUS/DELSIS Delaware Department of Education Student Identification Number
eSchoolPLUS/DELSIS First Name--A name given to an individual at birth, baptism, or during another naming ceremony, or through legal change.
eSchoolPLUS/DELSIS Middle Name--A secondary name given to an individual at birth, baptism, or during another naming ceremony, or through legal
Last/Surname
Generation code
Race
eSchoolPLUS/DELSIS Last/Surname--The name borne in common by members of a family.
eSchoolPLUS/DELSIS Generation Code--An appendage, if any, used to denote an individual's generation in his family (e.g., Jr., Sr., III).
eSchoolPLUS/DELSIS Race/Ethnicity--The general racial or ethnic heritage category which most clearly reflects the individual's recognition of his or
Sex
Birthdate
eSchoolPLUS/DELSIS Sex--A person's gender.
eSchoolPLUS/DELSIS Birthdate--The month, day, and year on which an individual was born. For example, a date of June 21, 1981 would be entered as
District Code
School Code
Grade level
eSchoolPLUS/DELSIS Enrolled district
eSchoolPLUS/DELSIS Enrolled school
eSchoolPLUS/DELSIS Grade Level--The grade level or primary instructional level at which a student enters and receives services in a school or an
Offense1 Code
Offense1 SubCode
Offense2 Code
Offense2 SubCode
Offense3 Code
Offense3 SubCode
Offense4 Code
Offense4 SubCode
Offense5 Code
Offense5 SubCode
Incident Description
Incident Date
Disciplinary Action Type
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
change.
her community or with which the individual most identifies.
06/21/1981.
Whole days
Disciplinary Action
duration
Disciplinary Action Start Date
Contact Flag
Contact Date
Reported By
Last/Surname
Generation code
educational institution during a given
Offense code from School Conduct Report form
Offense Subcode from School Conduct Report form
Offense code from School Conduct Report form
Offense Subcode from School Conduct Report form
Offense code from School Conduct Report form
Offense Subcode from School Conduct Report form
Offense code from School Conduct Report form
Offense Subcode from School Conduct Report form
Offense code from School Conduct Report form
Offense Subcode from School Conduct Report form
Brief description of the offense
The date of the incident.
Disciplinary Action Type--The method of punitive or corrective action taken by the school to reprimand or rehabilitate a student
after an offense is committed.
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
First date when disciplinary action is enacted
Parents or Guardians notified
Date Parents or Guardians notified
Incident Reported by
Last/Surname--The name borne in common by members of a family.
Generation Code--An appendage, if any, used to denote an individual's generation in his family (e.g., Jr., Sr., III).
32
Race
eSchoolPLUS/DELSIS Race/Ethnicity--The general racial or ethnic heritage category which most clearly reflects the individual's recognition of his or
Sex
District Code
School Code
Grade level
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
Street
City
State
ZIP
Birthdate
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
Dropout Date
Transfer to Groves
Dropout reason
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
eSchoolPLUS/DELSIS
her community or with which the individual most identifies.
Sex--A person's gender.
Enrolled district
Enrolled school
Grade Level--The grade level or primary instructional level at which a student enters and receives services in a school or an
educational institution during a given
Street address
City address
State address
Zip code
Birthdate--The month, day, and year on which an individual was born. For example, a date of June 21, 1981 would be entered as
06/21/1981.
Date student dropped (mm/dd/yyyy)
Yes or No
See code set
EXTRA TIME
State Student ID
First Name
Middle Name
DOE XTIME/DSC
DOE XTIME/DSC
DOE XTIME/DSC
Last/Surname
Generation code
Race
DOE XTIME/DSC
DOE XTIME/DSC
DOE XTIME/DSC
Sex
Birthdate
DOE XTIME/DSC
DOE XTIME/DSC
District Code
School Code
Grade level
DOE XTIME/DSC
DOE XTIME/DSC
DOE XTIME/DSC
Reporting Period
Type of Program
DOE XTIME/DSC
DOE XTIME/DSC
Other Program
Program Start Date
Program Exit Date
Content Area
Contact Hours
DOE XTIME/DSC
DOE XTIME/DSC
DOE XTIME/DSC
DOE XTIME/DSC
DOE XTIME/DSC
Progress Indicator
DOE XTIME/DSC
Delaware Department of Education Student Identification Number
First Name--A name given to an individual at birth, baptism, or during another naming ceremony, or through legal change.
Middle Name--A secondary name given to an individual at birth, baptism, or during another naming ceremony, or through legal
change.
Last/Surname--The name borne in common by members of a family.
Generation Code--An appendage, if any, used to denote an individual's generation in his family (e.g., Jr., Sr., III).
Race/Ethnicity--The general racial or ethnic heritage category which most clearly reflects the individual's recognition of his or
her community or with which the individual most identifies.
Sex--A person's gender.
Birthdate--The month, day, and year on which an individual was born. For example, a date of June 21, 1981 would be entered as
06/21/1981.
Enrolled district
Enrolled school
Grade Level--The grade level or primary instructional level at which a student enters and receives services in a school or an
educational institution during a given
01/30/YY, 06/15/YY, or 08/30/YY
After school, Summer school, Before school, LEP during school, Extended Day Kindergarten, Evening Program, Saturday
School, Special Education ESY, Other
Description of program if "Other" is chosen in previous field
Date when student began receiving services in that program
Date when student stopped receiving services in that program
Math, Reading, Writing
The number of contact hours the student has participated in a specific extra time program and content area during a specific
reporting period.
Type of Indicator
33
Progress
DOE XTIME/DSC
Improvement, No improvement,
FREE/REDUCED LUNCH
Data must be complete by Nov 1 and March 15 of
each year.
State Student ID
Survey
First Name
Survey
Middle Name
Survey
Last/Surname
Generation code
Race
Survey
Survey
Survey
Sex
Birthdate
Survey
Survey
District Code
School Code
Grade level
Survey
Survey
Survey
Free or Reduced lunch
Survey
Delaware Department of Education Student Identification Number
First Name--A name given to an individual at birth, baptism, or during another naming ceremony, or through legal change.
Middle Name--A secondary name given to an individual at birth, baptism, or during another naming ceremony, or through legal
change.
Last/Surname--The name borne in common by members of a family.
Generation Code--An appendage, if any, used to denote an individual's generation in his family (e.g., Jr., Sr., III).
Race/Ethnicity--The general racial or ethnic heritage category which most clearly reflects the individual's recognition of his or
her community or with which the individual most identifies.
Sex--A person's gender.
Birthdate--The month, day, and year on which an individual was born. For example, a date of June 21, 1981 would be entered as
06/21/1981.
Enrolled district
Enrolled school
Grade Level--The grade level or primary instructional level at which a student enters and receives services in a school or an
educational institution during a given
Indicates if a student is eligible for free or reduced meals
GRADUATION
Data is not required to be complete until June 30 of each year. Late graduation procedures have not been determined.
State Student ID
DELSIS
Delaware Department of Education Student Identification Number
First Name
DELSIS
First Name--A name given to an individual at birth, baptism, or during another naming ceremony, or through legal change.
Middle Name
DELSIS
Middle Name--A secondary name given to an individual at birth, baptism, or during another naming ceremony, or through legal
change.
Last/Surname
DELSIS
Last/Surname--The name borne in common by members of a family.
Generation code
DELSIS
Generation Code--An appendage, if any, used to denote an individual's generation in his family (e.g., Jr., Sr., III).
Full Name for
DELSIS
The full name of student that will appear on the diploma/certificate.
Diploma/Certificate
Race
DELSIS
Sex
Birthdate
DELSIS
DELSIS
District Code
School Code
Graduation Credential Type
Graduation Month
Graduation Date
Diploma Type
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
Race/Ethnicity--The general racial or ethnic heritage category which most clearly reflects the individual's recognition of his or
her community or with which the individual most identifies.
Sex--A person's gender.
Birthdate--The month, day, and year on which an individual was born. For example, a date of June 21, 1981 would be entered as
06/21/1981.
Enrolled district
Enrolled school
Code identifying the type of credential received. D= diploma or C=Certification
The month the student graduated. J= June or S=Summer
The date of the graduation ceremony.
The type of diploma/credential that is awarded to a student in recognition of his/her completion of the curricular requirements.
34
Starting in year 2004. See code set.
LEP/LMS
State Student ID
SchoolYear
LastName
FirstName
MiddleName
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
SuffixName
DOB
DELSIS
DELSIS
Sex
Race
DELSIS
DELSIS
DistrictCode
SchoolCode
Grade
DELSIS
DELSIS
DELSIS
LanguageCode
FederalCode
HomeLangSrv
LanguageName
Immigrant
ImmigrantDate
TypeInstruction
Title1
ExtraTime
SpecialEd
BasicSkills
Homebound
AltPlacement
Other Services
NoServices
English Proficiency Level
PersonCompleting
DSTPScores
ReportCard
ParentReq
OthStdIndicators
NotYetTested
NotTestedIEP
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
Delaware Department of Education Student Identification Number
School year enrolled
Last/Surname--The name borne in common by members of a family.
First Name--A name given to an individual at birth, baptism, or during another naming ceremony, or through legal change.
Middle Name--A secondary name given to an individual at birth, baptism, or during another naming ceremony, or through legal
change.
Generation Code--An appendage, if any, used to denote an individual's generation in his family (e.g., Jr., Sr., III).
Birthdate--The month, day, and year on which an individual was born. For example, a date of June 21, 1981 would be entered as
06/21/1981.
Sex--A person's gender.
Race/Ethnicity--The general racial or ethnic heritage category which most clearly reflects the individual's recognition of his or
her community or with which the individual most identifies.
Enrolled district
Enrolled school
Grade Level--The grade level or primary instructional level at which a student enters and receives services in a school or an
educational institution during a given
Student's native language code
Federal code for native language
Was Home Language Survey Completed?
Student's native language name
Y/N - Is student an Immigrant?
What was the first date of enrollment in US Schools?
Type of instruction from code list
Y/N - does student receive these services?
Y/N - does student receive these services?
Y/N - does student receive these services?
Y/N - does student receive these services?
Y/N - does student receive these services?
Y/N - does student receive these services?
Y/N - does student receive these services?
Y if student receives no other services
Student's English Proficiency Level
Y/N - was this a reason for not giving Entry LAS?
Y/N - was this a reason for not giving Entry LAS?
Y/N - was this a reason for not giving Entry LAS?
Y/N - was this a reason for not giving Entry LAS?
Student not yet test with LAS
IEP states that student cannot take annual LAS
35
ReclassDate
RCLAS
RCStudentRecords
RCTeacherInterview
RCParentInfo
RCTeacherObs
RCReferral
RCStudentGrades
RCInformalAssmt
RCDSTPScores
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
Reclassification date for English Proficiency Level
Y/N - was reclassificated due to LAS scoring?
Y/N - was this a method used for reclassification?
Y/N - was this a method used for reclassification?
Y/N - was this a method used for reclassification?
Y/N - was this a method used for reclassification?
Y/N - was this a method used for reclassification?
Y/N - was this a method used for reclassification?
Y/N - was this a method used for reclassification?
Y/N - was this a method used for reclassification?
State Student ID
SchoolYear
DistrictCode
SchoolCode
Grade
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
LASEntryPerson
LASEOVocab
LASEOComp
LASEORetell
LASOralTotal
LASPreLitTotal
LASOralDate
LASOralVersion
LASEOLevel
LASEPreLitLevel
SimonSays
ArtShow
SayWhat
HumanBody
Stories
LASReadTotScore
LASWriteTotScore
LASRWDate
LASRWVersion
LASERLevel
LASEWLevel
LASERWLevel
LASVocab
LASFluency
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
Delaware Department of Education Student Identification Number
School year enrolled
Enrolled district
Enrolled school
Grade Level--The grade level or primary instructional level at which a student enters and receives services in a school or an
educational institution during a given
Person administering LAS Entry test
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
LAS Entry Test sub-section total score
LAS Entry Test sub-section total score
Date LAS Entry test administered - oral portion
LAS Entry test version code from list
Entry Oral Level
Entry Pre-Literacy Level
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
LMS-LAS Entry Test
Date LAS Entry test administered - read/write portion
LAS Entry test version code from list
Entry Reading Level
Entry Writing Level
Entry Read/Write Level
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
36
LASInfo
LASUsage
LASSynonyms
LASAntonyms
LASSentence
LASHappen
LASLetsWrite
PreLitLetters
PreLitNumbers
PreLitColors
PreLitShapes
PreLitReading
PreLitWriting
PreLitTotScore
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
State Student ID
SchoolYear
DistrictCode
SchoolCode
Grade
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
LASEntryPerson
LASAOMinPair
LASAOPhoneme
LASEOVocab
LASEOComp
LASEORetell
LASOralTotal
LASPreLitTotal
LASOralDate
LASOralVersion
LASEOLevel
LASEPreLitLevel
SimonSays
ArtShow
SayWhat
HumanBody
Stories
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
Delaware Department of Education Student Identification Number
School year enrolled
Enrolled district
Enrolled school
Grade Level--The grade level or primary instructional level at which a student enters and receives services in a school or an
educational institution during a given
Person administering LAS Entry test
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
LAS Entry Test sub-section total score
LAS Entry Test sub-section total score
Date LAS Entry test administered - oral portion
LAS Entry test version code from list
Entry Oral Level
Entry Pre-Literacy Level
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
LAS Entry test sub-section raw score
LMS-LAS Annual
Oral Test
LMS-LAS Annual
37
Read/Write Test
State Student ID
SchoolYear
DistrictCode
SchoolCode
Grade
Holistic Scoring
Holistic Scoring
Holistic Scoring
Holistic Scoring
Holistic Scoring
LASEntryPerson
LASReadTotScore
ReadingLevel
LASWriteTotScore
WritingLevel
ReadWriteLevel
LASRWDate
LASRWVersion
LASVocab
LASFluency
LASInfo
LASUsage
LASSynonyms
LASAntonyms
LASSentence
LASHappen
LASLetsWrite
PreLitLetters
PreLitNumbers
PreLitColors
PreLitShapes
PreLitReading
PreLitWriting
PreLitTotScore
Holistic Scoring
Holistic Scoring
Holistic Scoring
Holistic Scoring
Holistic Scoring
Holistic Scoring
Holistic Scoring
Holistic Scoring
Holistic Scoring
Holistic Scoring
Holistic Scoring
Holistic Scoring
Holistic Scoring
Holistic Scoring
Holistic Scoring
Holistic Scoring
Holistic Scoring
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
Delaware Department of Education Student Identification Number
School year enrolled
Enrolled district
Enrolled school
Grade Level--The grade level or primary instructional level at which a student enters and receives services in a school or an
educational institution during a given
Person administering LAS Entry test
Reading total score
Reading Level
Writing total score
Writing Level
Read/Write Level
Read/Write test date
Read/Write test version
LAS annual test sub-section raw score
LAS annual test sub-section raw score
LAS annual test sub-section raw score
LAS annual test sub-section raw score
LAS annual test sub-section raw score
LAS annual test sub-section raw score
LAS annual test sub-section raw score
LAS annual test sub-section raw score
LAS annual test sub-section raw score
LAS annual test sub-section raw score
LAS annual test sub-section raw score
LAS annual test sub-section raw score
LAS annual test sub-section raw score
LAS annual test sub-section raw score
LAS annual test sub-section raw score
Pre-literacy total score
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
DELSIS
Enrolled district
School year enrolled
Number of ESL teachers
Number of Bilingual teachers
Number of ESL/Bilingual teachers assigned to LEP instruction
Number of uncertified ESL teachers assigned to LEP instruction
Number of certified ESL teachers assigned to LEP instruction
Number of uncertified Bilingual teachers assigned to LEP instruction
Number of certified Bilingual teachers assigned to LEP instruction
LEPDISTRICT
DistrictCode
SchoolYear
ESLTeachers
BiLingualTeachers
AssignedLEP
AsgnNotCertESL
AsgnCertESL
AsgnNotCertBilingual
AsgnCertBilingual
38
RecvTraining
DELSIS
Number of district teachers receiving training related to working with LEP students
SPECIAL EDUCATION
Data must be complete by Dec. 1 of each year. The Primary exception must be accurate on Sept 30.
State Student ID
eSchoolPLUS
Delaware Department of Education Student Identification Number
First Name
eSchoolPLUS
First Name--A name given to an individual at birth, baptism, or during another naming ceremony, or through legal change.
Middle Name
eSchoolPLUS
Middle Name--A secondary name given to an individual at birth, baptism, or during another naming ceremony, or through legal
change.
Last/Surname
eSchoolPLUS
Last/Surname--The name borne in common by members of a family.
Generation code
eSchoolPLUS
Generation Code--An appendage, if any, used to denote an individual's generation in his family (e.g., Jr., Sr., III).
Race
eSchoolPLUS
Race/Ethnicity--The general racial or ethnic heritage category which most clearly reflects the individual's recognition of his or
her community or with which the individual most identifies.
Sex
eSchoolPLUS
Sex--A person's gender.
Birthdate
eSchoolPLUS
Birthdate--The month, day, and year on which an individual was born. For example, a date of June 21, 1981 would be entered as
06/21/1981.
District Code
eSchoolPLUS
Enrolled district
School Code
eSchoolPLUS
Enrolled school
Grade level
eSchoolPLUS
Grade Level--The grade level or primary instructional level at which a student enters and receives services in a school or an
educational institution during a given
Primary Exception
eSchoolPLUS
Primary exception reason for participation in the Special Education program
Secondary Exception
eSchoolPLUS
Secondary Special Education program exception reason
Special Education Percentage eSchoolPLUS
Special Education Percentage.
Hr per Week in a Regular
eSchoolPLUS
Number of Hours per Week in a Regular Classroom--The number of hours per week that a student with disabilities is served in a
class
regular classroom with his or her non-disabled peers.
Hrs per Week in Special Ed
eSchoolPLUS
Number of Hours per Week Special Education--The number of hours per week that a student with disabilities is served in a
class
classroom by a Certified Special Education Teacher.
IEP Meeting date
eSchoolPLUS
Special Education IEP Meeting date--The month, day, and year on which a student is identified as being eligible to participate in
special programs or supports initiated. For example, a date of June 21, 1981 would be entered as 06/21/1981.
IEP Initiation Date
eSchoolPLUS
Special Education IEP Initiation Date--The month, day, and year on which the status of an individualized program for a student
is created or significantly altered. For example, a date of June 21, 1981 would be entered as 06/21/1981.
IEP End Date
eSchoolPLUS
Date that IEP ends. Must not be greater than 12 months after IEPINIT date. For example, a date of June 21, 1981 would be
entered as 06/21/1981.
Last Evaluation report date
eSchoolPLUS
Last Evaluation Report Date. For example, a date of June 21, 1981 would be entered as 06/21/1981.
Special Ed exit date
eSchoolPLUS
Special Education Exit Date--The month, day, and year on which an individual last participated in or received program services.
After this date the individual is not being serviced by any Special Education program. For example, a date of June 21, 1981
would be entered as 06/21/1981.
Special Ed exit reason
Special Ed Related service 1
eSchoolPLUS
eSchoolPLUS
Special Ed Related service 2
eSchoolPLUS
Special Education Related Service-- The term related services means transportation and such developmental, corrective, and
other supportive services as are required to assist a child with a disability to benefit from special education, and includes speechlanguage pathology and audiology services, psychological services, physical and occupational therapy, recreation, including
therapeutic recreation, early identification and assessment of disabilities in children, counseling services, including rehabilitation
counseling, orientation and mobility services, and medical services for diagnostic or evaluation purposes. The term also includes
school health services, social work services in schools, and parent counseling and training.
See above explanation
39
Special Ed Related service 3
Special Ed Related service 4
Special Ed Related service 5
Special Ed Related service 6
Special Ed Related service 7
Spec Ed Full/Part time status
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
Special Ed Placement age 3-5 eSchoolPLUS
Special Ed Placement age 6- eSchoolPLUS
21
Special Ed percentage
eSchoolPLUS
Outside Regular Class 6-21
Special Education Non Public eSchoolPLUS
facility
See above explanation
See above explanation
See above explanation
See above explanation
See above explanation
Special Education Service (Full Time/Part Time) Status--An indication as to whether care, education, and/or services provided
to an individual takes place during full-day or part-day sessions. A student, who receives 12.50 hours or more per week of
instruction from a Certified Special Education instructor, is considered to be full time.
Educational placement of children with disabilities from age 3 to age 5.
Educational placement of children with disabilities from age 6 to age 21.
The actual percentage of the day a special education child spends outside the regular classroom. This applies to children ages 6
to 21, assigned an Educational
Special Education Non Public Facility--A non-public facility or school that provides special education services to students with
disabilities who have been placed by a district or public agency at the expense of the district or public agency or placed by
parents at the expense of the parents.
SPECIAL EDUCATION
Section 504
State Student ID
First Name
Middle Name
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
Last/Surname
Generation code
Race
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
Sex
Birthdate
eSchoolPLUS
eSchoolPLUS
District Code
School Code
Grade level
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
504 Disability Code
504 Entry date
504 Exit date
504 Accommodation plan
504 DSTP Accommodation
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
Delaware Department of Education Student Identification Number
First Name--A name given to an individual at birth, baptism, or during another naming ceremony, or through legal change.
Middle Name--A secondary name given to an individual at birth, baptism, or during another naming ceremony, or through legal
change.
Last/Surname--The name borne in common by members of a family.
Generation Code--An appendage, if any, used to denote an individual's generation in his family (e.g., Jr., Sr., III).
Race/Ethnicity--The general racial or ethnic heritage category which most clearly reflects the individual's recognition of his or
her community or with which the individual most identifies.
Sex--A person's gender.
Birthdate--The month, day, and year on which an individual was born. For example, a date of June 21, 1981 would be entered as
06/21/1981.
Enrolled district
Enrolled school
Grade Level--The grade level or primary instructional level at which a student enters and receives services in a school or an
educational institution during a given
Rehabilitation Act of 1973
Entry date into Rehabilitation Act of 1973 program. For example, a date of June 21, 1981 would be entered as 06/21/1981.
Exit date from Rehabilitation Act of 1973 program. For example, a date of June 21, 1981 would be entered as 06/21/1981.
Has a Rehabilitation Act of 1973 accommodation plan been prepared
DSTP Accommodation Information--Indicates if there is information regarding accommodation providing for DSTP testing.
TITLE 1
Data must be complete by a date in January provided to the districts by DOE.
State Student ID
eSchoolPLUS
Delaware Department of Education Student Identification Number
40
First Name
Middle Name
eSchoolPLUS
eSchoolPLUS
Last/Surname
Generation code
Race
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
Sex
Birthdate
eSchoolPLUS
eSchoolPLUS
District Code
School Code
Grade level
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
Title I Math
Title I Math entry date
Title I Math exit date
Title I Math exit reason
Title I Reading
Title I Reading entry date
Title I Reading exit date
Title I Reading exit reason
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
First Name--A name given to an individual at birth, baptism, or during another naming ceremony, or through legal change.
Middle Name--A secondary name given to an individual at birth, baptism, or during another naming ceremony, or through legal
change.
Last/Surname--The name borne in common by members of a family.
Generation Code--An appendage, if any, used to denote an individual's generation in his family (e.g., Jr., Sr., III).
Race/Ethnicity--The general racial or ethnic heritage category which most clearly reflects the individual's recognition of his or
her community or with which the individual most identifies.
Sex--A person's gender.
Birthdate--The month, day, and year on which an individual was born. For example, a date of June 21, 1981 would be entered as
06/21/1981.
Enrolled district
Enrolled school
Grade Level--The grade level or primary instructional level at which a student enters and receives services in a school or an
educational institution during a given
Participates in Title I Math Program
Entry date into Title I Math Program. For example, a date of June 21, 1981 would be entered as 06/21/1981.
Exit date from Title I Math Program. For example, a date of June 21, 1981 would be entered as 06/21/1981.
Exit code from Title I Math Program
Participates in Title I Reading Program
Entry date into Title I Reading Program. For example, a date of June 21, 1981 would be entered as 06/21/1981.
Exit date from Title I Reading Program. For example, a date of June 21, 1981 would be entered as 06/21/1981.
Exit code from Title I Reading Program
UNIT ALLOTMENT
Data must be accurate as of Sept. 30 of each year.
State Student ID
UnitCount Web-Form 4 Delaware Department of Education Student Identification Number
First Name
UnitCount Web-Form 4 First Name--A name given to an individual at birth, baptism, or during another naming ceremony, or through legal change.
Middle Name
UnitCount Web-Form 4 Middle Name--A secondary name given to an individual at birth, baptism, or during another naming ceremony, or through legal
Last/Surname
UnitCount Web-Form 4 Last/Surname--The name borne in common by members of a family.
Race (optional)
UnitCount Web-Form 4 Race/Ethnicity--The general racial or ethnic heritage category which most clearly reflects the individual's recognition of his or
Sex (optional)
UnitCount Web-Form 4 Sex--A person's gender.
Birthdate
UnitCount Web-Form 4 Birthdate--The month, day, and year on which an individual was born. For example, a date of June 21, 1981 would be entered as
District Code
UnitCount Web-Form 4 Enrolled district
School Code
UnitCount Web-Form 4 Enrolled school
Grade level
UnitCount Web-Form 4 Grade Level--The grade level or primary instructional level at which a student enters and receives services in a school or an
change.
her community or with which the individual most identifies.
06/21/1981.
41
educational institution during a given year.
Special Ed Status
Include for Unit Count
Choice/Charter Student
UnitCount Web-Form 4 Indicates the Full/Part Time status of a Special Education Student for the Delaware September 30th Unit Count
UnitCount Web-Form 4 Applies to special students, Yes or No
UnitCount Web-Form 4 Code 1 indicates if the student is attending school through inter-district choice program. Code 2 indicates if the student is
attending a public charter school.
Career and Technical (Vocational)
Education-PERKINS
August 1 snapshot
SchoolYear
DistrictCode
SchoolCode
Grade
DELSIS
UnitCount Web
UnitCount Web
UnitCount Web
ID
FirstName
MiddleName
UnitCount Web
UnitCount Web
UnitCount Web
LastName
DOB
UnitCount Web
UnitCount Web
SSN
PhoneRes
CIP
SchoolCourseCode
VocPathway
CIPcomplete
PathComplete
DataSource
eSchoolPLUS/DSC
eSchoolPLUS/DSC
eSchoolPLUS/DSC
eSchoolPLUS/DSC
eSchoolPLUS/DSC
eSchoolPLUS/DSC
eSchoolPLUS/DSC
eSchoolPLUS/DSC
Four-digit ending year
Enrolled district
Enrolled school
Grade Level--The grade level or primary instructional level at which a student enters and receives services in a school or an
educational institution during a given
Delaware Department of Education Student Identification Number
First Name--A name given to an individual at birth, baptism, or during another naming ceremony, or through legal change.
Middle Name--A secondary name given to an individual at birth, baptism, or during another naming ceremony, or through legal
change.
Last/Surname--The name borne in common by members of a family.
Birthdate--The month, day, and year on which an individual was born. For example, a date of June 21, 1981 would be entered as
06/21/1981.
Student Social Security Number (Optional). Hyphen's included.
Telephone Number--The telephone number including the area code. For Graduate Survey
State-Approved CIP# for each enrolled course
Provides unique identifier for each row. Add Section number after Course Code (E.g. 12345-05)
DOE Vocational Pathway Code. Report multiple times for each record.
CIP Course completion status: Y= Yes; N=No. Pass is required for "Completion"
3credit VocPathway completion status: Y= Yes; N=No. Report multiple times for each record.
D=DSC; O=Osiris; P=Pentamation; S=Sasi; U=Other
eSchoolPLUS
Is student receiving supplemental services?
eSchoolPLUS
Supplemental service provider
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
Is the student a choice student?
Across District=A, Within the District=W
State=1, Title 1 school improvement (NCLB)=2, Unsafe school (NCLB)=3, Victim of violent felony (NCLB), Victim of violent
Supplemental
Services
Receiving Supplemental
Services?
Supplemental Service
Provider
Choice
Choice Student?
Choice Type
Choice Option
42
Resident District
eSchoolPLUS
Resident School
eSchoolPLUS
felony (NCLB)=4
If Choice Type is "Within District" then resident district is the database district, if choice type is "Across Districts" then resident
district is not database district
Resident school must be in the resident district, resident school cannot be choice school, resident school must not be a special
school, program, or vocational school regardless of district
Advanced Placement
Course Table
School Year
District Code
School Code
Course Number
Course Title
APEX
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
Enrolled Year
Enrolled district
Enrolled school
Unique identifier for each course
Title of course
Was course an APEX course?
Student Table
ID
School Year
District Code
School Code
Course Number
APEX
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
Delaware Department of Education Student Identification Number
Enrolled Year
Enrolled district
Enrolled school
Unique identifier for each course
Did student take APEX course?
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
eSchoolPLUS
Delaware Department of Education Student Identification Number
Enrolled Year
Enrolled district
Enrolled school
Educational support services received by student
Homeless primary night-time residence
Child is not with their parent, they could be a runaway, abandoned, thrown out of home, etc.
Homeless
ID
School Year
District Code
School Code
Homeless Service
Residence Code
Unaccompanied Youth
43
DELAWARE COMPREHENSIVE ASSESSMENT SYSTEM
Welcome to DCAS Online!
This portal is your source for information about the Delaware Comprehensive Assessment
System (DCAS). Use this site to access DCAS applications and DCAS-Alt1 applications. Please
check back often for the latest news about DCAS.
For more information and access to the system, click on this link: http://de.portal.airast.org/
44
DELAWARE LICENSURE AND CERTIFICATION
OFFICE OF TEACHER & ADMINISTRATOR QUALITY
DEVELOPMENT
Collette Education Resource Center
35 Commerce Way, Suite 1
Dover, DE 19904
302-857-3388 Office
302-739-1777 Fax
•
ONLINE APPLICATIONS ONLY: https://deeds.doe.k12.de.us/default.aspx .
•
DEEDS (Delaware Educator Data System): Online data system for applications and
continuing licensure.
•
LICENSURE & CERTIFICATION SYSTEM: In order to work as a beginning
educator in this state, you must hold both an Initial License and a Standard Certificate.
The License gives you the right to work as an educator in the State of Delaware. The
Standard Certificate defines what you can do. Delaware has a three tier licensure
system: Initial License (3 years), Continuing License (5 years), & Advanced License (10
years). Each license is accompanied by either a Standard or Emergency Certificate.
•
INITIAL LICENSES: Can be obtained through one of the following:
• Bachelor’s degree from a regionally accredited 4-year college or university and
• Completion of a student teaching program (defined as an Approved
Program) or;
• Enrollment in the ARTC (Alternative Routes to Certification) Program.
.or, Teach for America, or;
• 1 year of teaching experience in lieu of student teaching (option used only
when requested by the school district) consisting of a least 91 days of
long-term teaching experience within the last year in one assignment
during which regular evaluations were conducted in the area for which a
certificate is sought AND 15 credit hours of professional development
related to their area of certification, of which 6 credits must focus on
pedagogy.
--AND-• Passing score on Praxis I (or approved alternative) -- Can be obtained through
one of the following:
• Test is not required for out-of-state educators, effective April 4/1/03 (H.B.
68) with current and valid certificate from out of state in the assigned
content area.
• To qualify for the Composite Score, the educator must be within 2 points
of passing. English (reading & writing) and Math must pass in their
respective areas.
45
•
•
•
Educators can receive Standard Certificates and Initial or Continuing
Licenses without passing the PRAXIS I Exam from the date of hire to the
end of the next consecutive fiscal year. or;
Possession of a current and valid standard license or certificate from another state
and less than 3 years of teaching experience. (Praxis I not required) or;
Possession of a valid DE standard or professional status certificate which has
expired and more than 3 years out of the profession. (Praxis I not required.)
•
CONTINUING LICENSES: Can be obtained through one of the following:
• Successful completion of 3 years of teaching experience on a Delaware Initial
License and mentoring/professional development required or;
• Valid and current certificate from out of state in the assigned content area and 3
years of successful teaching experience or;
• Possession of a valid, prior Delaware Standard or Professional Certificate which
has expired and less than 3 years out of the profession.
•
ADVANCED LICENSES: National Board Certification Only. (Praxis I not required.)
•
STANDARD CERTIFICATES: Can be obtained through one of the following:
• VALID and CURRENT certificate from out of state in the assigned content area
or;
• NATIONAL BOARD CERTIFICATION in the assigned content area or;
• Passing scores on PRAXIS II (if applicable) or;
• Meets requirements through Delaware State Regulations/course count.
•
EMERGENCY CERTIFICATES: certificate issued to educator to complete
requirements for the Standard Certificate. (Issued only at the request of the school
district.)
•
PRAXIS II (effective 1/1/06): To obtain additional certification area for veteran
teachers, initial certification for non-veteran teachers, prerequisite for Alternative Routes
to Certification (ARTC) Program, and an option on Highly Qualified Survey to show
proficiency.
46
LICENSURE / CERTIFICATION
License Requirements
• Bachelors degree
• Praxis I passing scores (or equivalent)
• Exemptions for Praxis I:
• Valid/current out-of-state license
• National Board Certification
• SAT/GRE passing scores for Reading/Mathematics. There is no
exemption for Praxis I Writing.
• Student teaching
• Alternative routes (https://deeds.doe.k12.de.us/registration/deeds_reg_artc.aspx )
• Alternative Routes To Certification for critical needs areas
• Teach For America
• Masters Plus Certification Program (para to teacher)
• 91 days with an additional 15 credits to be approved by the district
License Types
• Initial (3 years)
• Mentoring and evaluations
• Continuing (5 years)
• 90 clock hours
• Advanced (10 years)
• National Board Certification (no clock hour requirement)
Certificates
• Standard
• Regionally accredited college or university
• Praxis II if applicable
• Coursework (if Praxis II is not applicable)
• Emergency
• District must request Emergency Certificate through DEEDS
47
LICENSURE/CERTIFICATION CHECK LIST
General Licensure/Certification Requirements
• Bachelors degree from a regionally-accredited, 4-year college or university
• Completion of a student teaching program, OR one year of teaching experience
consisting of a minimum of 91 days of long term teaching experience at one assignment,
OR enrollment in an Alternative Routes to Licensure and Certification program (ARTC
or MPCP)
• Official passing score on an examination of general knowledge (Praxis I)
• Official scores on the Praxis II examination if applicable and available
• A copy of the out-of-state license or certification, if applicable
Alternative Routes to Certification (ARTC, TFA)
Upon completion of the Alternate Program, the following paperwork must be submitted to DOE:
• Passing scores on Praxis I and Praxis II for their certification area
• Completion letter from the Alternate Routes Program
• Official transcript(s) verifying successful completion of required courses
• An original letter from the immediate supervisor (usually the Principal) attesting to
satisfactory teaching performance and recommending the educator for certification
signed by the District Personnel Director and District Superintendent
Masters Plus Certification Program (MPCP)
This two-year, UD program, was designed for paraeducators to become teachers of exceptional
children.
Upon completion of the MPCP Program, the following paperwork must be submitted to DOE:
• Official transcript(s) verifying completion of MPCP courses
• An original letter from the immediate supervisor (usually the Principal) attesting to
satisfactory teaching performance and recommending the educator for certification
signed by the District Personnel Director and District Superintendent
• Passing scores on Praxis I and Praxis II Test #10352 (Exceptional Children)
• Completion letter from the MPCP Program
Note: Educators enrolled in MPCP with a concentration in Severe Disabilities will be
issued Emergency Certificates in Exceptional Children AND Autism or Severe Disabilities.
91 Days in Lieu of Student Teaching
The applicant must complete one year of teaching experience within the last year consisting of a
minimum of 91 days of long term teaching experience at one assignment during which regular
evaluations were conducted, evidencing at least satisfactory performance. Effective 7/1/09, the
91-day experience must be done in a DE public or charter school with DPAS evaluations.
Upon completion of 91 teaching days, the following paperwork must be submitted to DOE:
• An original letter signed by the District Personnel Director and District Superintendent
attesting to satisfactory teaching performance and recommending the educator for
licensure
• Include the date of day 92 in the letter so DOE knows when to begin the license
48
•
Applicants are required to complete 15 credits or equivalent in professional development
(6 credits in pedagogy). They will be placed on an Emergency until the requirement is
completed and verified in DEEDS by the district.
49
SALARY INCREMENTS (PLUS CREDITS)
Plus Credits –
•
•
•
Eligibility
• Governed by Section 1305 of the Delaware Code Title 14
Step Increases – Bachelors, +15, +30, Masters, +15, +30, +45, Doctorate
• To move from a Bachelors to Bachelors +, you must be enrolled in a Masters
program
• Transcripts without program notation will not be accepted toward step increases
• Credits are applied in the order in which they are taken
• Skilled and Technical Sciences teachers are on a different step schedule
• NOTE: In order to be eligible for a Plus, they must possess a Standard
Certificate in Skilled and Technical Sciences
Graduate Level Course of Study
• Minimum 6 semester hrs of related coursework as determined by district
Salary Increments are based on semester hour credits. Courses that are based on quarter hour
credits must be converted to semester hour credits. (see below)
23 Quarter Hour Credits are equal to 15 Semester Hour Credits
46 Quarter Hour Credits are equal to 30 Semester Hour Credits
69 Quarter Hour Credits are equal to 45 Semester Hour Credits
50
NO CHILD LEFT BEHIND (NCLB)
HIGHLY QUALIFIED TEACHER REQUIREMENTS
Overview
The federal No Child Left Behind (NCLB) legislation requires that all teachers of core academic
subject areas be highly qualified in the core academic content areas that they teach. Charter
schools must develop a plan with teachers who are not yet highly qualified that outlines the steps
to become highly qualified as soon as possible and the assistance that the charter school will
provide.
The core academic content area(s) taught Under NCLB are:
•
•
•
•
•
•
English
Reading, language arts
Mathematics
Science
Music
Art
•
•
•
•
•
History
Civics/government
Economics
Geography
Foreign languages.
The highly qualified teacher requirement applies to elementary school teachers as well as to all
teachers who teach any of the above NCLB academic content areas to K- 12 students. The
requirement also applies to teachers of special education students, English language learners, and
gifted and talented students.
To be considered highly qualified under NCLB, a teacher must:
•
•
•
Have a bachelor’s degree, and
Hold full state certification, and
Demonstrate subject matter competence in the NCLB academic content area(s) taught.
The provision under Delaware law that allows up to 35% of charter school teachers to be exempt
from the certification requirement applies to those subjects not being offered in Delaware’s
alternate route to certification programs. The critical needs areas in the alternate route programs
can change on a yearly basis.
Department of Education Contact
Maria Degnats or Erin Pieshala
Education Associate, Teacher and Administrator
Quality Development
(302) 857-3388
51
Teacher Quality Survey
The Teacher Quality Survey meets the NCLB requirement that states report the number and
percent of classes taught by highly qualified teachers. Teachers take the Survey for each class
that they teach of a NCLB academic content area that they teach. The Survey opens in the early
fall and closes in the early spring.
If a teacher’s schedule has a class of a NCLB academic content area for which a teacher has not
previously taken the Survey, the teacher will complete the Survey for that class.
Example: An English teacher previously met the highly qualified teacher requirement for
English through a previous year’s survey but is now teaching English and social studies.
The teacher will maintain the highly qualified status for English but will take the survey
for social studies.
Teachers who need to take the Survey will do so electronically on DEEDS,
http://deeds.doe.k12.de.us . Teachers must have a valid user name and password on DEEDS to
access the Survey.
Teachers complete the survey, print a copy and sign it, and give their charter school personnel
office a printed and signed copy of the survey. They also include relevant documentation that
supports their responses to the survey, such as college transcripts or records of professional
development.
Charter schools verify the Surveys and notify teachers about the results of their Survey.
Teachers can also check their teacher quality status by logging into DEEDS, selecting “Update
My DOE File” (an option under “What Can I Do Today?”), and next selecting “Teacher Quality
Status” from the pull-down menu.
Options for Meeting the NCLB Highly Qualified Teacher Requirement
Under NCLB, the options for teachers to meet the academic content area competence
requirement vary depending on the teacher’s years of experience and the level of the students
taught.
Elementary school teachers in a charter school that has up to grade 6 as the highest grade take the
Survey as elementary generalists.
In schools that have grades above grade 6, those with elementary certification and teach K – 6
take the survey as elementary generalists. Those teaching grades 6 and beyond can take the
Survey based on the Class Content area listed in eSchoolPlus. They may take the survey for
Elementary Generalist or for each scheduled class they teach in a NCLB academic content area.
52
New elementary school teachers are those with less than one full year of teaching experience.
Their only option to meet the HQT requirement is:
•
Praxis II in elementary education, test 0014.
This requirement applies to regular/general education, special education, and gifted and talented
elementary school teachers as well as to those who teach English language learners.
New elementary school teachers of art, music, and foreign languages are those with less than one
full year of teaching experience and have the same options available as those for new middle and
high school teachers. Refer to the section for these teachers.
Experienced elementary school teachers are those with at least one full year of teaching
experience. The options for these teachers are:
•
Praxis II in elementary education, test 0014, OR
•
HOUSSE (a NCLB acronym for High Uniform State Standard of Evaluation). HOUSSE
is a combination of academic course work, pedagogy course work, professional
development, and years of experience, OR
•
Certification through the National Board for Professional Teaching Standards as an Early
Childhood Generalist or Middle Childhood Generalist; however, the certificate must
match the students/grades currently taught. The Exceptional Needs Specialist Certificate
may be used within HOUSSE but does not equal highly qualified.
These options apply to regular/general education, special education, and gifted and talented
elementary school teachers as well as those who teach NCLB academic content areas to English
language learners.
Experienced elementary school teachers of art, music, and foreign languages have at least one
full year of teaching experience. They have the same options as those for experienced middle
and high school teachers. Refer to the section for experienced middle and high school teachers.
New middle and high school teachers are those with less than one full year of teaching
experience. The options for these teachers are:
•
Praxis II in the academic subject taught, OR
•
An academic major in the academic subject taught, OR
•
The equivalent of an academic major (30 credit/semester hours) in the academic subject
taught, OR
•
A graduate degree in the academic subject taught.
53
These options apply to regular/general education, special education, and gifted and talented
teachers as well as those who teach NCLB academic subjects to English language learners.
Experienced middle and high school teachers of one NCLB academic content area have at
least one full year of teaching experience. The options for these teachers are:
•
Praxis II in the academic subject taught, OR
•
An academic major in the academic subject taught, OR
•
The equivalent of an academic major (30 credit/semester hours) in the academic subject
taught, OR
•
A graduate degree in the academic subject taught, OR
•
HOUSSE (a combination of academic course work, pedagogy course work, professional
development, and years of experience), OR
•
Certification through the National Board for Professional Teaching Standards in the
academic subject taught. The certificate must match the subject and grade level currently
taught. The Exceptional Needs Specialist certificate may be used as part of HOUSSE but
does not equal highly qualified.
These options apply to both regular and special education teachers of NCLB academic content
areas and to teachers who teach NCLB academic content areas to English language learners.
New middle and high school teachers of multiple NCLB academic content areas have less
than one full year of teaching experience.
These teachers have the same options as for those who teach one NCLB academic content area.
Refer to the preceding section about new middle and high school teachers of one NCLB
academic subject. The teachers must take the teacher quality survey for each NCLB academic
subject that they teach.
These options apply to regular, special education, and gifted and talented teachers of NCLB
academic subjects and to teachers who teach NCLB academic subjects to English language
learners.
Experienced middle and high school teachers of multiple NCLB academic content areas
have at least one full year of teaching experience. These teachers have the same options as for
those who teach one NCLB academic subject. Refer to the preceding section about experienced
middle and high school teachers of one NCLB academic subject.
Additionally, experienced teachers who teach more than one NCLB academic subject may use
the Multi-Subject HOUSSE.
54
•
•
Middle and high school special education teachers, ELL/ESL teachers, and bilingual
teachers of more than one NCLB academic content can directly access the Multi-Subject
HOUSSE.
Middle and high school regular education teachers of multiple NCLB academic content
areas can access the Multi-Subject HOUSSE once they have met the teacher quality
requirement for one of the NCLB academic subjects that they teach.
These options apply to regular/general, special education, and gifted and talented teachers of
NCLB academic subjects and to teachers who teach NCLB academic subjects to English
language learners.
The Multi-Subject HOUSSE option requires that teachers have at least 15 semester credit hours
in each NCLB academic content area taught. If the teacher does not, the teacher will not meet
the HQT requirement for any of the content areas in Multi-Subject HOUSSE.
Secondary special education teachers teaching to alternate achievement standards (that is,
every student in the class takes the Delaware Alternate Achievement Portfolio) may meet the
teacher quality survey requirement as elementary generalists. Refer to the sections about
elementary school teachers.
Praxis II
Teachers’ Praxis II scores must be recorded in DEEDS for teachers to use the scores in meeting
the NCLB teacher quality requirement. Additionally, teachers can use only those tests that
Delaware has adopted.
The tests that Delaware has adopted with passing scores are available at:
https://deeds.doe.k12.de.us/forms/praxis_II_chart.doc.
The Praxis II test required for the exceptional children certificate is for the certificate only; it
cannot be used to meet the demonstration of subject matter competence requirement.
Teachers who test in Delaware will automatically have their test scores sent to the Delaware
DOE. However, teachers who took a Praxis II test in Delaware before March 2004 will need to
request that ETS send the score report to the Delaware DOE. ETS charges a fee for this service.
Teachers who test in another state must request the Delaware DOE as a score recipient on the
ETS registration form.
Teachers Not Meeting the NCLB Highly Qualified Teacher Requirement
If a teacher does not meet the highly qualified teacher requirement, the charter school must have
a plan in place to get the teacher highly qualified as soon as possible.
55
Similarly, if a school cannot, despite its very best efforts, hire someone who is highly qualified,
the school has to do the next best thing: hire the best qualified applicant and have a plan in place
to get the teacher highly qualified as soon as possible.
Definitions of Terms
The following definitions may be useful when working with the NCLB highly qualified teacher
requirement.
Academic major or equivalent. Having an academic major or equivalent in the NCLB
academic content area taught is one way to meet the NCLB teacher quality requirement.
Delaware has defined “equivalent” as 30 credit/semester hours. All courses must be in the
academic subject taught. No pedagogy courses area allowed.
An academic major is a major in a NCLB academic content area as defined by NCLB (see
NCLB academic content areas below). Examples are a major in English, history, or
mathematics. Under NCLB, majors in education are not academic majors; education is not a
NCLB academic subject.
Thus, majors in elementary education, history education, special education, art education, etc. do
not meet the definition of an academic major.
However, teachers may use eligible course work in the NCLB academic content area(s) currently
taught. The course work may be part of a major, including education majors, or be a requirement
for the baccalaureate degree. An example of the latter is an English teacher who can count a
literature course that was required as part of the general studies requirement for the
baccalaureate.
Assessment. Courses that focus on the evaluation, assessment, testing, or measurement of:
student achievement, learning, other educational outcomes, student characteristics, and student
behavior. Examples include, but are not limited to: educational measurement, educational
diagnosis, and classroom-based assessment.
Core (NCLB) academic content areas. As defined by the No Child Left Behind (NCLB)
legislation: English, reading/language arts, mathematics, science, foreign languages, arts, history,
civics/government, economics, and geography. The NCLB legislation directed the states to
specify which of the arts are NCLB academic subjects. Delaware has defined the arts as music
and art.
Teachers of these NCLB academic content areas fall under the NCLB teacher quality
requirement and must take the teacher quality survey. The requirement applies to elementary
school teachers, special education teachers, gifted and talented teachers, middle and high school
teachers, and teachers who teach NCLB academic content areas to English language learners.
Experienced teacher; a teacher not new to the profession. A teacher who has at least one full
year of teaching experience, not counting the current year.
56
Graduate degree in a NCLB academic subject area. A graduate degree must be in a NCLB
academic subject. Two examples of an academic graduate degree are a M.A. in French or a M.S.
in biology. As required by NCLB, this definition must exclude M.I. (Master of Instruction) and
M.Ed. degrees with the exception of reading. Reading is a NCLB academic content under
NCLB; however, education, special education, instruction, and curriculum are not.
HOUSSE. This is a US Department of Education acronym for High Uniform State Standard of
Evaluation.
Under NCLB, states have the option of developing a method by which teachers not new to the
profession can demonstrate competency in each content area they teach on the basis of a “high
objective uniform State standard of evaluation” (HOUSSE).
This standard must be one that, among other requirements, “provides objective coherent
information about the teacher’s attainment of NCLB content knowledge in the academic subjects
in which a teacher teaches” [Section 9101(23) (C) (ii) (III)].
The HOUSSE part of the teacher quality survey contains questions about academic course work,
pedagogy course work, clusters, professional development, and years of experience.
National Board Certification. This refers to certification through the National Board for
Professional Teaching Standards (NBPTS). For use in the Teacher Quality Survey, the NBPTS
certificate must match the NCLB academic subject/class taught as well as the age/grade level of
students currently taught. Reading specialists in elementary schools may use the Literacy:
Reading-Language Arts to meet the NCLB teacher quality requirement for reading.
Teachers who hold the Exceptional Needs certificate may use this as a part of HOUSSE.
New Teacher; new to the profession teacher. A teacher who has less than one full year of
teaching experience and cannot count the current year.
Pedagogy. Skills, approaches, and activities that teachers use to instruct students in content or
processes. Pedagogy, sometimes referred to as “professional studies or course work,” also
includes courses that prepare teachers to understand students and their environment as well as
introductory courses that focus on human development. Some pedagogy courses focus on how
to teach a subject to students.
Examples include, but are not limited to: instructional strategies, methods of teaching, classroom
management, cultural diversity, educational technology, human development, introduction to
exceptional children, curriculum and instruction courses.
For the purpose of the Teacher Quality Survey, pedagogy does not include student teaching.
Praxis II. Praxis II is a series of subject matter tests available through the Educational Testing
Service (ETS). Attaining a passing score on a Praxis II assessment in the NCLB academic
57
content area/class currently taught is one way to meet the NCLB teacher quality requirement.
The test must match the NCLB academic content area/class and level of student taught.
However, the test in special education is for certification only. This test does not assess NCLB
academic subject knowledge and thus cannot be used to meet the demonstration of subject matter
competence requirement.
Teachers can use only those tests that Delaware has officially adopted. If teachers have taken a
Praxis II test in Delaware after the test was adopted, ETS will report the score to the Delaware
Department of Education (DOE).
If teachers took a Praxis II test before Delaware adopted the test or if they took a Praxis II test in
another state and did not request DOE as a score recipient, they must ask ETS to send a score
report to DOE. ETS will charge a fee for the score report.
US Department of Education References
For the NCLB legislation, go to:
http://www.ed.gov/policy/elsec/leg/esea02/index.html
For the US Department of Education’s NCLB website, go to:
http://www.ed.gov/nclb/landing.jhtml?src=pb
58
DELAWARE PERFORMANCE APPRAISAL SYSTEM II
Overview
The purpose of the Delaware Performance Appraisal System II (DPAS II) is to assess
instructional performance of educators so that the quality of instruction can be improved,
professional development activities can be prescribed, and a foundation for administrative
decisions can be developed.
Department of Education Contact
Teacher & Administrator Quality Development Workgroup
(302) 857-3388
Requirements
All persons appointed to administrative positions responsible for the supervision, management
and evaluation of instruction must complete DPAS II Evaluator Training that is provided through
the Professional Development Management System (PDMS) through the Identity Management
System (IMS). Every administrator must successfully complete the quiz at the end of each
DPAS II Evaluator Training Module prior to observing teachers and/or specialists. Additional
support is provided through the Development Coaches and department sponsored training.
Procedures
Novice Teacher (Teacher who holds an initial license)
Novice teachers shall receive a minimum of two (2) Announced Observations and one (1)
Unannounced Observation with a Summative Evaluation every year. Novice teachers who have
earned a rating of "Needs Improvement" or "Ineffective" on their most recent Summative
Evaluation shall have an Improvement Plan which may require additional observations or other
types of monitoring as outlined in the DPAS II Revised Guide for Teachers.
Experienced Teachers (Teacher who holds a continuing or advanced license)
Each year the appraisal system shall include at least one announced observation. The
Summative Evaluation occurs at the end of every cycle. The cycle may be yearly or every other
year depending upon the experience of the teacher and his/her evaluation status. The yearend
Summative Evaluation will use information contained in the observation process and student
growth and professional responsibilities forms that will determine the teacher’s overall
performance rating.
59
THE DELAWARE NEW TEACHER
MENTORING/INDUCTION PROGRAM
Overview
The Delaware New Teacher Mentoring and Induction Program began during the 1994-1995
school year as a pilot in three school districts. To meet the requirements of a uniform process for
all new teachers in Delaware’s public schools, the system was redesigned in 2003. The system
now addresses the differences in mentoring for new to the profession teachers holding an initial
license and an experienced teacher that is new to the state holding a continuing license. All
aspects of the process are aligned with Charlotte Danielson’s Enhancing Professional Practice:
A Framework for Teaching. A new teacher’s progress is recorded and monitored on DEEDS.
Department of Education Contact
Professional Accountability Work Group
(302) 857-3388
Webpage Information- All requirements for the program can be found in more detail at
http://www.doe.k12.de.us/infosuites/staff/ntmentor/default.shtml.
New Teachers Holding an Initial License
Induction Phase-the first three years of the educator’s licensing in the system clearly identifies
how a new teacher moves from their initial license to a continuing license.
The system contains four cycles that are to be completed by these teachers.
The Initial Phase Cycle, Cycles One and Two designed to acclimate the new to the profession
teacher to his/her district/school/state. During these cycles the new teacher is under the guidance
of a trained mentor, paid for by the state.
•
The Initial Phase requires that the new teacher become acquainted with the staff and
services provided by the school/district/state. They receive assistance from the assigned
mentor in setting up their classrooms and preparing for communicating with parents.
•
Cycle One is titled Creating a Classroom Environment to support student learning and
address the individual needs of the learners. (approximately 15 hours)
•
Cycle Two is designed to assist the new teacher in planning and preparing for instruction
with an emphasis on how to engage students in the learning process. The final
experience is a snapshot of the teacher’s overall performance in delivering instruction.
(approximately 15 hours)
•
Cycle Three develops assessment literacy through the use of materials constructed by
Rick Stiggins and the Assessment Training Institute. In this cycle, generally the second
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year of teaching, the new teachers meet in learning teams to design and critique
assessments, review student work, and consider the appropriate use of formative and
summative assessment. (30 hours)
•
Cycle Four involves the review of the new teacher’s professional growth over the first
three cycles. During this cycle the new teacher develops a plan for professional growth
to be implemented during that year. By the end of this cycle the new teacher must create
a plan for the completion of 90 hours of professional development required to renew the
continuing license that these successful new teachers receive at the end of the program.
(30 hours)
•
In addition to the completion of the cycle, a new teacher must receive two out of three
successful Delaware Professional Appraisal System II summative evaluations before
they can be granted a continuing license.
•
A district/charter school may request a one year extension of the initial license to allow a
new teacher to complete the program if exigent circumstances prevent the new teacher
from doing so. The request is to be submitted to the Secretary of Education, or designee,
for approval.
•
The above requirements are for the State program, a district or/charter school may
require additional professional growth experiences aligned to the needs of that site.
Such requirements may support, but no supplant, the State requirements.
Teachers New to the State with More than Three Years of Experience Holding a
Continuing License and Teachers Who Have Been Out of the Profession
Teachers who come to the state holding a current and valid out-of-state certificate and
verification of more than three years of teaching experience are required to take part in a oneyear mentoring process. They are not assigned a mentor. They are required to take part in Cycle
Three of mentoring program as outlined above. (30 hour requirement)
Teachers in Alternate Routes to Certification Programs
Teachers in the ARTC/TFA/TFE programs, while granted an emergency certificate, are still
issued an initial license. These teachers fall under the same guidelines as others holding an
initial license. In addition, mentoring is a requirement of the No Child Left Behind Act for all
teachers in alternate routes to certification program.
Delivery of Program Services
All public schools are provided with the materials needed for the new teachers to complete the
process. In addition, all districts and charter schools are allowed at least one lead mentor to
oversee the program, train mentors, and monitor the progress of the new teachers. The state pays
the stipend for the lead mentors. A candidate for lead mentor must have at least three successful
years of teaching, be on a continuing license, and have successful DPAS II evaluations.
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The program pays for a mentor for all teachers in cycles one and two. These mentors should be
selected by the lead mentors and administrators of the site based on their demonstration of skills
and knowledge of best practice in the field. The state pays for the stipend of the mentors. A
candidate for mentor must have at least three years of successful teaching experience, be on a
continuing license, and have successful DPAS II evaluations.
Allocation Budget
Each site is provided with a budget for the purpose of paying for substitutes required for new
teachers and mentors to conduct observations. This budget may not be used to pay the stipends
of mentors, or lead mentors.
Training
Training of lead mentors is provided annually by the Department of Education. A person may
serve as a lead mentor or mentor only after completion of the designated training. In addition to
training for program needs, training in current best practice that enhances the program is offered
by the Department of Education. Sites are encouraged to have at least one lead mentor present
during those sessions. All costs for the materials and training are provided by the program.
Requirements and Procedures
Del. C., Title 14, Chapter 5, section 507 requires “non-certified” teachers in charter schools to
become certified if a “qualified alternative certification” program exists which can prepare those
teachers for certification. Del. C., Title 14, Chapter 12, Subchapter IV establishes such a
program for secondary (grade 7-12) teachers in charter schools. That law also requires that, as
part of the preparation process for certification, the teacher must be given support of a teacher
mentor. In such cases, where mentoring is required in a charter schools as part of an alternative
route to certification program, the Department of Education can assist the charter school in
receiving services from the New Teacher Mentoring/Induction Program. Such service may
include, but not be limited to, materials for the program, assistance from adjacent school districts
to prepare teachers to be mentors, preparation of lead mentors in summer courses or sessions
conducted by the Department of Education, and other related mentoring issues.
Title 14 Education
1500 Professional Standards Board
1502 Educator Mentoring
http://regulations.delaware.gov/AdminCode/title14/1500/1502.shtml#TopOfPage
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CONSOLIDATED APPLICATION FOR FEDERAL FUNDS
Overview
The Department of Education’s Consolidated Application process provides the opportunity for
districts to consolidate their resources and planning efforts, decrease paperwork, and increase
program efficiency by requiring one, not multiple, application for selected federal and state
programs.
Department of Education Contact
Theresa Vendrzyk Kough, Director
Career, Technical and Title I Resources Workgroup
College & Workforce Readiness Branch
(302) 857-3320
John Hulse, Education Associate
(302) 857-3320
Requirements and Procedures
Charter schools that desire to participate in certain federal programs must complete the
Consolidated Application. If a school does not desire to participate, the Department should be
notified in writing.
Some federal programs have a minimum number of students to be served as defined by their
regulations. For Title 1, federal regulations note that a district, in this case a charter school, must
have at least ten formula students (qualified students) and the number of formula students ages 517 must be at least 2% of the district (charter school) population to receive funding. Some federal
programs use the previous year’s enrollment prior level of funding as the basis for current funding.
If the charter school elects to participate in these programs, calculations will be made on the same
basis as they are for other school districts.
Charter schools must submit a Consolidated Application for the following federal programs:
IDEA Individuals with Disabilities Education Act and IDEA Preschool
1) Federal funds are available to districts and charter schools under Part B Section 611 and
Section 619 of Part B of IDEA. Section 619 is tied to children who are between the ages of 3
and 5; Part B funds are tied to children who are 3 through 21. In order to receive an allocation
under these parts, an application including budget information must be completed describing
how the district or charter school will use the funds during the following school year.
2) The public charter school must meet all applicable requirements of IDEA, including the
provision of services in accordance with an IEP for each child with a disability and meet all
procedural safeguards such as parental consent and written prior notice.
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3) Project applications are available in May for the following year. Grants can be awarded
anytime after July 1 pending availability of federal funds.
4) Project periods are typically for 12-15 months but may be amended beyond one year with
appropriate documentation.
Title I, Part A: Improving the Academic Achievements of the Disadvantaged provides funds for
supplementary instruction and related services to students in relatively high poverty schools who
are failing or at risk of failing achievement of challenging standards. The law references all
challenging state standards, but acknowledges that schools and districts may want to focus on
reading/language arts and mathematics standards. For schools with 40 percent or more of their
students from low-income families, schools may develop improvement plans for using Title I
funds “school wide.”
Title II, Part A: Teacher and Principal Training and Recruitment provides funds to increase
student academic achievement through strategies such as improving teacher quality and increasing
the number of highly qualified teachers in the classroom and highly qualified principals in schools.
Funds may be used to hire additional teachers in order to reduce class size. Funds are to be
focused on the needs of teachers in the core academic areas of English/language arts, mathematics,
science, foreign languages, and social studies.
Title III: Language Instruction for LEP (Limited English Proficiency) and Immigrant Students
provides funds to districts to provide programs and methodologies through language instruction
and academic content instruction that are based on scientifically based research and will develop
the English proficiency of Limited English Proficient (LEP) students.
Carl D. Perkins Vocational and Technical Education Act of 1998 promotes reform, innovation,
and continuous improvement in vocational and technical education to help ensure that students
acquire the skills and knowledge they need to meet challenging state academic standards and
industry recognized skill standards.
The following state funded program is also contained in the Consolidated Application. However,
charter schools are not required to submit an application to the Department of Education for these
funds. (FY03 Budget Act, Section 326)
Curriculum and Professional Development funds are to be used for developing and implementing
curriculum based on the content standards established by the Curriculum Frameworks activities,
including, but not limited to: Discipline, Special Education/Inclusion, Collaboration/Consensus
Building, Conflict Resolution, Shared Decision Making, local school board member training, and
Educational Technology. Districts are encouraged to collaborate as a means of maximizing
resources as well as focusing district activities on consistent principles. Grants may be utilized for
training, planning, in-service programs and contractual services. Curriculum and Professional
Development funds are to be utilized in accordance with an analysis of student performance data
by each school.
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Relevant Dates
Consolidated Applications are submitted in July or August of each year. Specific submission
deadline dates are established annually and are listed in the Consolidated Application Manual.
Application review meetings are scheduled once a month during this period.
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PROGRAMS FOR EXCEPTIONAL CHILDREN
Overview
The following section addresses the major program and service components for children with
disabilities under the Individuals with Disabilities Education Act (IDEA) and Title 14, Chapter 31
of the Delaware Code. Complete guidelines for the implementation of special education services
are addressed in the Department of Education’s special education regulations at
http://regulations.delaware.gov/AdminCode/title14/900 and 14 DE Admin Code 922 through 929.
.
Requirements and Procedures
A.
B.
Child Find
1.
“Child Find” refers to the duty of each school district to identify, locate, and
evaluate all children residing within the confines of the district, including
children with disabilities who are homeless children or wards of the State, and
who are in need of special education and related services.
14 Del. C. § 3122; 14 DE Admin Code § 923.11.0; 34 C.F.R .§ 300.111
2.
Exception: For parentally-placed private school children with disabilities, the
school district in which the private school is located has the duty to locate,
identify, and evaluate all children with disabilities.
14 DE Admin Code § 923.31.0; 34 C.F.R. § 300.131
Eligibility Decisions
1.
A child is eligible for special education and related services if the child has a
disability and needs special education and related services. The disability must
adversely effect educational or functional performance. The child must meet the
eligibility criteria in one of thirteen disability categories: Autism; Other Health
Impairment; Developmental Delay; Orthopedic Impairment; Deaf-Blind; SpeechLanguage Impairment; Emotional Disturbance; Traumatic Brain Injury; Hearing
Impairment; Visual Impairment; Learning Disability; Preschool Speech Delay;
Intellectual Disability
14 DE Admin Code § 922.3.0; § 925.6.0 to 12.0; 34 C.F.R. § 300.8
2.
Eligibility decisions must be supported by a variety of sources to determine the
child’s eligibility, including, as appropriate, aptitude and achievement tests,
parent input, teacher observations, information acquired from response to
intervention procedures, and information about the child’s physical condition,
social or cultural background, and adaptive behavior.
14 DE Admin Code § 925.6.3; 34 C.F.R. § 300.306(c)(1)
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3.
Once a child is determined eligible for special education and related services, the
child’s program must be based on the child’s educational needs, and not just
those derived from the disability category.
4.
The eligibility decision is made by a “group of qualified professionals” and the
parent of the child (usually, the child’s IEP team).
14 DE Admin Code § 925.6.1; 34 C.F.R. § 300.306(a)(1)
5.
Some children may be eligible for special education and related services under
more than one disability category. If so, the IEP should list the primary and
secondary disability category.
14 DE Admin Code § 925.6.5.3
6.
Special Rule – A child cannot be determined eligible for special education if the
determinant factor is lack of appropriate instruction in reading, math, or limited
English proficiency.
14 DE Admin Code § 925.6.2; 34 C.F.R. § 300.306(b)
7.
Schools must document the evaluation and eligibility decision and
provide a copy to parents at no cost. In Delaware, schools
use the Evaluation Summary Report (“ESR”) form provided by
the Department of Education.
14 DE Admin Code § 925.6.1; 34 C.F.R. § 300.306(a)(2)
8.
In Delaware, the age of eligibility for special education and related services
generally begins at age three until the receipt of a regular high school diploma or
the end of the school year in which the person attains the age of 21, whichever
occurs first.
14 Del. C. § 3101; 14 DE Admin Code § 923.1.2.; § 925.6.5.4.1
There are exceptions to the rule for some disability categories:
(i)
Autism – eligibility begins at birth
(14 DE Admin Code § 925.6.6.3)
(ii)
Developmental Delay – eligibility begins at birth until age 9
(14 DE Admin Code § 925.6.7.4)
(iii)
Deaf Blind - eligibility begins at birth
( 14 DE Admin Code § 925.6.8)
(iv)
Emotional Disturbance – eligibility begins at age 4
(14 DE Admin Code § 925.6.9)
(v)
Hearing Impairment – eligibility begins at birth
(14 DE Admin Code § 925.6.10)
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(vi)
Learning Disability – eligibility begins at age 4
(14 DE Admin Code § 925.6.11)
(vii)
Mild Intellectual Disability – eligibility begins at age 4
(14 DE Admin Code § 925.6.12.4)
(viii) Speech and/or Language Impairment – eligibility begins at age 5
(14 DE Admin Code § 925.6.15.1)
C.
(viv)
Visual Impairment/Blindness – eligibility begins at birth
(14 DE Admin Code § 925.6.17.5)
(x)
Preschool Speech Delay - 3 and 4 year olds only
(14 DE Admin Code § 925.6.18)
Special Education Evaluations
1.
“Evaluation” means procedures in accordance with state and federal regulations
to determine whether a child has a disability and the nature and extent of the
special education and related services.
14 DE Admin Code § 922.3.0; 34 C.F.R. § 300.15
2.
Class-wide screenings for instructional purposes are not evaluations.
14 DE Admin Code § 925.2.6; 34 C.F.R. § 300.302
3.
Evaluations must use a variety of assessment tools, not just a single measure.
14 DE Admin Code § 925.4.2.1; 34 C.F.R. § 300.304(b)(1)-(2)
4.
Evaluations must be administered by trained and knowledgeable staff.
14 DE Admin Code § 925.4.3.1.4; 34 C.F.R. § 300.304(c)(1)(iv)
5.
Evaluations must be reliable and assess a child in all areas related to the
suspected disability, and must be comprehensive enough to identify all of the
child’s special education needs., whether or not the needs commonly derive
from the child’s disability category or not.
14 DE Admin Code §§ 925.4.3.4; 4.3.6; 34 C.F.R. § 300.304(c)(4)
6.
Initial Evaluations
(i)
Informed written parental consent is required before conducting an
initial evaluation.
14 DE Admin Code § 925.1.2; 34 C.F.R. 300.300(a)
(ii)
Timeline: The initial evaluation must be completed and the child’s
eligibility determined within 45 school days, or 90 calendar days,
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whichever is less, of the district receiving parental consent to evaluate.
14 DE Admin Code § 925.2.3; 34 C.F.R. 300.301(c)(ii)
(iii)
Schools must make reasonable efforts to obtain parent consent,
and keep a record of its attempts, such as:
(a)
(b)
(c)
(iv)
Parent consent for an initial evaluation is not required if the child is a
ward of the State and not residing with the parent, and:
(a)
(b)
(c)
7.
records of phone calls made;
copies of correspondence, letters, and responses
records of visits to parent’s home or place of employment
14 DE Admin Code §§ 925.1.2.1; 22.4; 34 C.F.R. § 300.300(1)(iii)
despite reasonable efforts to do so, the school cannot
discover the whereabouts of the parent; or
the rights of the child have been terminated in accordance with
State law; or
the rights of the parents to make educational decisions have been
subrogated by a judge in accordance with State law and consent
for an initial evaluation has been given by an individual appointed
by the judge to represent the child.
14 DE Admin Code § 925.1.1.3.1; 34 C.F.R. § 300.300(a)(2)
Reevaluations
(i)
A child must be reevaluated if the needs of the child warrant a
reevaluation, or the child’s parent or teacher requests a reevaluation.
14 DE Admin Code § 925.3.1; 34 C.F.R. § 303(a)
(ii)
Informed written parental consent is required before conducting a
reevaluation.
14 DE Admin Code § 925.1.3; 34 C.F.R. § 303(a)
(iii)
Parent consent for a reevaluation is not required if the school can
demonstrate it made reasonable efforts to obtain consent, and the
child’s parent failed to respond.
14 DE Admin Code § 925.1.3.3; 34 C.F.R. § 300.300(c)
(iv)
A reevaluation must occur at least once every 3 years, but not more than
once a year, unless the school and parent agree otherwise.
14 DE Admin Code § 925.3.2; 34 C.F.R. § 300.303(b)
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D.
Use of Instructional Support Teams in General and Special Education
As part of the “Child Find” duty, Department of Education regulations require schools to
not only identify students who require special education, but also students who need
general education interventions. For students exhibiting academic problems or behavior
concerns, schools must have instructional support teams in place to examine the problem,
collect data, and develop interventions based on the defined problem, parent input, and
professional judgments about the effectiveness of the interventions. Effective general
education interventions, proper data collection, and progress monitoring over time may
address the child’s presenting problem in the general education setting without the need
for a referral to special education.
14 DE Admin Code § 923.11.0
E.
Response to Intervention, or “RTI” in General and Special Education
1.
“Response to Intervention” is a practice of providing high-quality instruction and
interventions matched to student needs and using progress monitoring
(learning rate measured over time) to make important educational decisions.
14 DE Admin Code §§ 925.7.0 through 12.0
2.
Core principles of RTI:
(i)
(ii)
(iii)
(iv)
(v)
3.
Advantages of RTI:
(i)
(ii)
(iii)
(iv)
4.
Intervene early
Use a multi-tier model of providing services
Use research-based, scientifically validated interventions and instruction
Use data and assessments to make decisions
Regularly monitor student progress over time to determine instructional
methods
Serves students who require little intervention and students who require
long term intervention
Matches level of support to student need
Informs instructional needs for special education decisions
More students receive support in a multi-tiered system
Many states, including Delaware, used to identify students as learning disabled if
a significant discrepancy existed between IQ and achievement. This discrepancy
model was called a “wait to fail” approach as help was delayed until the gap
between potential and achievement grew big enough for a student to qualify for
special education. Research suggested the discrepancy model leads to over
identification of children as learning disabled.
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5.
F.
Whether (and how) a student responds to research-based interventions
becomes the key to deciding whether they have a learning disability.
Free, Appropriate Public Education
1.
Children with disabilities are entitled to receive a free appropriate public
education (“FAPE”). FAPE means special education that is specially designed
instruction including classroom instruction, instruction in physical education,
home instruction and instruction in hospitals and institutions, and related
services, as may be required to assist a child with a disability to benefit from an
education that:
(i)
Is provided at public expense, under public supervision and direction and
without charge in the public school system.
(ii)
Meets the standards of the Delaware Department of Education as set
forth in Title 14 or in the rules and regulations of the Department as
approved by the State Board;
(iii)
Includes elementary, secondary, or vocational education in the State;
(iv)
Provides significant learning to the child with a disability; and
(v)
Confers meaningful benefit on the child with a disability that is gauged to
the child with a disability’s potential.
14 Del. C. § 3120(5)
2.
FAPE is provided through an Individualized Education Program (“IEP”).
3.
Each child determined eligible for special education and relates services is
entitled to an IEP that is developed, revised, and revised at an IEP team meeting.
The IEP must be based on the child’s unique educational needs.
14 DE Admin Code § 925.20.1
4.
In Delaware, school districts use forms provide by the Department of Education
to guide the development of IEPs. An IEP must contain:
(i)
A statement of the child's present levels of academic achievement and
functional performance, including:
(ii)
How the child's disability affects the child's involvement and progress in
the general education curriculum (i.e., the same curriculum as for non
disabled children); or
(iii)
For preschool children, as appropriate, how the disability affects the
child's participation in appropriate activities;
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(iv)
A statement of measurable annual goals, including academic and
functional goals designed to:
(v)
Meet the child's needs that result from the child's disability to enable the
child to be involved in and make progress in the general education
curriculum; and meet each of the child's other educational needs that
result from the child's disability;
(vi)
For children with disabilities who participate in the Alternate Assessment
based on Alternate Achievement Standards (AA-AAS), a description of
benchmarks or short term objectives.
(vii)
A description of how the child's progress toward meeting the annual
goals described in 20.1.2 will be measured; and when periodic reports on
the progress the child is making toward meeting the annual goals (such as
through the use of quarterly or other periodic reports, concurrent with
the issuance of report cards) will be provided;
(viii) A statement of the special education and related services and
supplementary aids and services, based on peer reviewed research to the
extent practicable, to be provided to the child, or on behalf of the child,
and a statement of the program modifications or supports for school
personnel that will be provided to enable the child:
(a)
To advance appropriately toward attaining the annual goals;
(b)
To be involved in and make progress in the general education
curriculum, and to participate in extracurricular and other
nonacademic activities; and
(c)
To be educated and participate with other children with
disabilities and non disabled children;
(ix)
An explanation of the extent, if any, to which the child will not participate
with non disabled children in the regular class and in activities;
(x)
A statement of any individual appropriate accommodations that are
necessary to measure the academic achievement and functional
performance of the child on State and district wide assessments; and
if the IEP Team determines that the child shall take an alternate
assessment, instead of a particular regular State or district wide
assessment of student achievement, a statement of why the child cannot
participate in the regular assessment; and the particular alternate
assessment selected is appropriate for the child;
(xi)
The projected date for the beginning of the services and modifications
and the anticipated frequency, location, and duration of those services
and modifications; and
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(xii)
A statement designating whether or not it is necessary to place the child
who is transported from school by bus into the charge of a parent other
authorized responsible person.
(xiii) Transition services: Beginning with the earlier of the first IEP to be in
effect when the child turns fourteen (14) or enters the eighth (8th) grade,
or younger if determined appropriate by the IEP Team, and updated
annually thereafter, the IEP must include:
G.
H.
(a)
Appropriate measurable postsecondary goals based upon age
appropriate transition assessments related to training, education,
employment, and, where appropriate, independent living skills;
and
(b)
The transition services and activities (including courses of study)
needed to assist the child in reaching those goals.
(c)
The child’s strengths, interests, and postsecondary preferences,
and plans to make application to high school and career technical
educational programs.
Least Restrictive Environment and “Educational Placements”
1.
Once the program is developed, the team must determine the educational
placement to implement the IEP.
2.
A child with a disability has the right to be educated in the “least restrictive
environment”. Each charter school must ensure that to the maximum extent
appropriate, children with disabilities are educated with children who are
nondisabled, and special classes, separate schooling, or other removal of children
with disabilities from the regular educational environment occurs only if the
nature or severity of the disability is such that education in regular classes with
the use of supplementary aids and services cannot be achieved satisfactorily.
14 DE Admin Code § 923.114; 34 C.F.R. § 300.114
Procedural Safeguards Available to Parents and Children
Parents and children with disabilities have the following procedural safeguards under the
IDEA and corresponding Delaware law:
1.
The right to provide or withhold consent for certain actions, such as consent for
the initial provision of special education services, and the child’s initial
evaluation or reevaluation.
14 DE Admin Code § 925.1.2; § 926.1.2; § 34 C.F.R. § 300.300(a)
2.
The right to inspect and review educational records with respect to the child,
and obtain copies of such education records.
14 DE Admin Code §§ 926.1.21 – 1.2.2; 34 C.F.R. § 300.613; § 300.501(a)
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3.
The right to visit and observe the child’s current or proposed education program.
14 DE Admin Code § 926.1.2.3
4.
The opportunity to participate in IEP meetings and provide input into the
development of the child’s IEP.
14 DE Admin Code § 925.21.0; 34 C.F.R. § 300.322; § 300.501(b)
5.
The right to receive 10 school days notice in advance of an IEP meeting , and 5
school days notice in advance of a manifestation determination meeting.
14 DE Admin Code § 925.22.0; § 926.1.3; 34 C.F.R. § 300.322; § 300.501(b)
6.
The right to participate in the decision concerning the educational placement of
the child. 14 DE Admin Code § 926.1.4; 34 C.F.R. § 300.501(c)
7.
The right to request an independent educational evaluation of the child if the
parent disagrees with an evaluation conducted by the school.
14 DE Admin Code § 926.2.0; 34 C.F.R. § 300.502
8.
The right to receive written notice from the school no less than 10 school
days before the school proposes to initiate or change the identification,
evaluation or educational placement of the child, or the provision of FAPE to the
child, or refuses the same. In cases involving a change of placement for
disciplinary reasons, the parent is entitled to 5 school days prior notice.
14 DE Admin Code § 926.3.0; 34 C.F.R. § 300.503
9.
The right to receive a “procedural safeguards notice” containing a full
explanation of the procedural safeguards available to parents under state and
federal regulations related to the education of children with disabilities. 14 DE
Admin Code § 926.4.0; 34 C.F.R. § 300.504
10.
The rights to a formal dispute resolution system to address special education
disputes through mediation, state administrative complaints, or a due process
hearing. 14 DE Admin Code §§ 926.6.0 – 18.0; 34 C.F.R. §§ 300.506 – 519
11.
The right to a manifestation determination prior to a disciplinary change in
placement, the right to educational services following the 10th day of
removal in a school year, and other disciplinary protections.
14 DE Admin Code §§ 926.30.0 – 36.0; 34 C.F.R. §§ 300.530 – 536.0
12.
The right to be appointed an educational surrogate parent. An “ESP” is a person
appointed by the Department of Education to represent a child who receives, or
may be in need of, special education and related services in all educational
decision making pertaining to the identification, evaluation, and educational
placement of the student and the provision of FAPE to the student.
The Department of Education will appoint an ESP when:
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I.
(i)
No parent as defined in 14 DE Admin Code § 922.3.0 can be identified;
(ii)
The school, after reasonable efforts, cannot locate a parent;
(iii)
The child’s parent has consented voluntarily, in writing, to the
appointment of an ESP. Such consent is revocable by the parent at any
time by written notice to the Department.
(iv)
The parental rights of the child have been terminated and legal
responsibility of the child has been granted by a court of law to an
individual, not to include a State agency, and the child has not been
adopted;
(v)
The child is an unaccompanied homeless youth as defined in section
725(d) of the McKinney-Vento Homeless Assistance Act;
(vi)
The child is in the custody of the DSCYF and in need of an educational
surrogate parent.
14 DE Admin Code § 926.19.0
Disciplinary Protections for Students With Disabilities
1. Charter schools cannot “change the placement” of a child with a disability for
disciplinary reasons unless there has been a determination the child’s conduct was not
a manifestation of the child’s disability.
14 DE Admin Code § 926.30; 34 C.F.R. § 300.530
2. The “change of placement” is central to determining what steps the school must take
and when. School administrators decide when there has been a change in placement,
not the IEP team.
14 DE Admin Code § 926.36.0; 34 C.F.R. § 300.536
3.
When does a “change of placement” occur?
(i)
When the child is removed for more than 10 consecutive school days; or
(ii)
The child has been subjected to a series of removals constituting a pattern
because:
The removals total more than 10 school days in a school year;
The child’s behavior is substantially similar to the behavior in previous
incidents; and
Additional factors, such as the length of each removal, the total amount of
time the child has been removed, and the proximity of the removals to one
another.
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14 DE Admin Code § 926.36.0; 34 C.F.R. § 300.536
4.
For a child with a disability removed for more than 10 cumulative days in a
school year, the school must provide services to enable the child to continue to
participate in the general education curriculum (although in another setting),
progress toward meeting IEP goals, and receive, as appropriate, a functional
behavioral assessment, and behavior intervention services that are designed to
address the behavior violation so that it does not recur.
14 DE Admin Code § 926.30; 34 C.F.R. § 300.530
5.
The IEP team determines the services to be provided in the disciplinary setting.
14 DE Admin Code § 926.36.0; 34 C.F.R. § 300.530
6.
Manifestation Determination. Within 10 days of a decision to change a child’s
placement for disciplinary reasons, the school must conduct a manifestation
determination to determine if a particular behavioral incident is a manifestation
of the child’s disability. The team must include: the school, parent, and relevant
members of the IEP team (as determined by the school and parent).
14 DE Admin Code § 926.36.0; 34 C.F.R. § 300.530
The team must review and consider all information in the child’s file.
Based on the review, the team must determine:
(i)
whether the behavioral incident was caused by, or had a direct and
substantial relationship to, the child’s disability; or
(ii)
whether the behavioral incident was the direct result of the school’s
failure to implement the IEP
If “Yes” to either question (i) or (ii):
The school must consider the behavior a manifestation of the child’s disability
and return the child to the placement from which the child was removed (unless
the parent and school agree to a different placement as part of modification to
the behavior plan). The school must also conduct an FBA (unless already done),
and complete the behavior plan, and/or review as necessary.
If “No” to both questions (i) and (ii):
The behavior is not considered a manifestation of the child’s disability, and the
school can apply regular school discipline rules in the same manner applied to
students without disabilities. The school must provide services, including an FBA
and BIP, as appropriate, to prevent the behavior from recurring.
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7.
Special Circumstances - 45 School Day Removals
School administrators may remove a child with a disability for 45 school days
under special circumstances:
(i)
Weapons offense: If the child carries a weapon to, or possesses a weapon
at school, on school premises, or to or at a school function.
(must refer to the definition of “weapon” in 18 U.S.C. § 930(g)(2))
(ii)
Drug offense: If the child knowingly possesses or uses illegal drugs, or
sells or solicits the sale of a controlled substance, while at school, on
school premises, or at a school function.
(must refer to the definition of “controlled substance” in 21 U.S.C. §
812(c))
(iii)
Serious Bodily Injury: If the child has inflicted serious bodily injury
upon another person while at school, on school premises, or at a school
function. Schools must refer to definition of “Serious Bodily Injury”
under 18 U.S.C. § 1365(h)(3) including: substantial risk of death, extreme
physical pain, protracted loss of impairment of function of bodily
member, organ, or mental faculty.
14 DE Admin Code § 926.36.0; 34 C.F.R. § 300.536
8.
9.
Note, a manifestation determination is required any time the school changes a
child’s educational placement for disciplinary reasons, including 45 school day
removal for special circumstances (i.e., weapons, drugs, serious bodily injury).
Protections for Students Not Yet Eligible. Children who are not yet eligible
for special education may be entitled to the disciplinary protections of the IDEA if
the school had “knowledge” the child may have a disability before the behavioral
incident occurred. The school is deemed to have “knowledge” if:
(i)
Parent expressed concern in writing to supervisors/teachers the child needs
special education;
(ii)
Parent requested a special education evaluation; or
(iii)
The teacher or personnel expressed specific concerns about a pattern of
behavior directly to the special education director or other supervisory
personnel.
(iv)
14 DE Admin Code § 926.34; 34 C.F.R. § 300.534
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Department of Education Contact:
Mary Ann Mieczkowski, Director
Exceptional Children Resources
Teaching and Learning Branch
(302) 735-4210
[email protected]
Reference Document
Special Education Regulations
http://regulations.delaware.gov/AdminCode/title14/900
Regulations 922-929
Notice of Procedural Safeguards, Special Education Rights of Parents and Children
http://www.doe.k12.de.us/infosuites/students_family/specialed/procsafe.shtml
December 1 Child Count
1) This is a mandated activity under the IDEA. Charter Schools are required to count and report
all children and youth with disabilities receiving special education and related services
according to an individualized education program (IEP).
2) The count is to be taken as of December 1. Report children ages 3-5 according to their
disability category and discrete age year based upon each child’s age as of December 1.
Children and youth ages 6-21 should be reported according to their disability category and
discrete age year based upon each child’s age as of December 1. Data collection guidelines
will be disseminated well in advance of December.
3) The data must be submitted in electronic format to the Department of Education by December
1 of each year.
Department of Education Contact:
Michele Rush, Education Specialist, Data Manager
[email protected]
Exceptional Children Resources
Teaching and Learning Branch
(302) 735-4210
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Reference Document
Delaware Department of Education Data Reporting Under Part B of the IDEA: Guidelines for
LEAs and Charter School Annually the guidelines for the next December 1 count will be posted to
our DOE webpage as linked below:
http://www.doe.k12.de.us/infosuites/students_family/specialed/cont_improv/2010.11ChildCount.p
df
September 30 Needs-Based Unit Count
1) The enrollment verification by the Exceptional Children Resources of special education
students enrolled as of September 30 for needs-based unit count purposes is conducted
annually in accordance with the provisions of 14 Del. C. 1701 et al. The process has reduced
the number of issues identified later in the year when the State Auditor’s Office conducts the
official state audit of the unit count.
2) The needs based funding system allows flexibility to charter schools providing funds based on
the individual needs of students as identified in their IEPs, rather than based on disability
categories. Students must be counted as Preschool, Basic, Intensive, or Complex based on
their IEPs and according to rules and rubrics described in Department of Education
regulations.
Department of Education Contact:
Mary Ann Mieczkowski, Director
Exceptional Children Resources
Teaching and Learning Branch
(302) 735-4210
[email protected]
For additional information see the following reference documents:
Needs-Based Funding
http://regulations.delaware.gov/AdminCode/title14/900/928.shtml#TopOfPage
Special Education Regulations
http://regulations.delaware.gov/AdminCode/title14/900
Regulations 922-929
Unit Count Information is found in 2011-12 Summary of Delaware Code and Department of
Education Regulations for Student Accounting for the September 30th Enrollment and Unit
Computation which is accessible only to those with specified Unit Count Plus through DOE’s
Identity Management System.
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Department of Education Contact for Unit Count Computation:
Debbie Stover, Education Associate, Reporting
Financial Reform and Resource Management
Technology Resources and Data Development
(302) 735-4140
[email protected] or 302-735-4140
Personnel Development
The Individuals with Disabilities Education Act (IDEA) requires that staff development activities
occur within each state to provide training for personnel serving students with disabilities.
Professional development activities are provided throughout the school year usually at no cost or
low cost. Charter school staff are invited to participate in these activities as appropriate.
Department of Education Contact:
Karen Jones, Education Associate for Curriculum Accessibility, Differentiated Instruction
Exceptional Children Resources
Teaching and Learning Branch
(302) 735-4210
[email protected]
For additional information see the following reference documents:
Department of Education Activities Calendar
The following section identifies other programs that are supported through the Exceptional
Children Group in the Department of Education that may be of interest to charter school
developers. These programs are available to regular education students as well as those receiving
special education support.
Early Childhood Assistance Program
1) This is a state program established to expand access to early education services for children
four years of age living in families with income at poverty level. The program was established
to build upon existing state Federal Head Start funding to enable unserved eligible children to
receive services. Federal Head Start performance standards serve as guidance for all program
operations. Services provided to children and families include developmentally appropriate
early childhood education, health services, parent education and involvement, social services,
nutrition, transportation services for children with disabilities, and transition plans and
activities. There are three Federal Head Start grantees in Delaware that receive additional
funding through Delaware’s Early Childhood Assistance Program. There are also nine
additional ECAP grantees receiving state funds, including four school districts and five
community early care centers.
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2) Providers respond to a competitive Request for Proposals issued in the spring every one to
three years depending on funding and expansion capacity. A per child amount is funded
(currently $5,200) as well as one time start-up costs for items such as facility renovation,
classroom furniture and materials, and proportional office equipment and space. Requests for
capital expenses are reviewed on an individual basis. Priority is given to applicants who
propose to serve underserved communities.
3) Programs operate on a calendar year. There is an emphasis to make available wrap-around
early care opportunities to meet the needs of working parents.
4) The Interagency Resource Management Committee has oversight of the program. Monitoring
is done on a tri-annual basis. Programs are required to submit quarterly reports on program
activities.
5) Staff development is provided through a collaborative effort between the Department, the
Federal Head Start Regional Training and Technical Assistance Center, the Delaware Institute
for Excellence in Early Childhood (DIEEC) located at the University of Delaware and local
program training opportunities.
Department of Education Contact:
Verna Thompson, Education Associate, IDEA 619, ECAP
Early Development and Learning Resources
Teaching and Learning Branch
(302) 735-4295
[email protected]
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ENGLISH LANGUAGE LEARNERS (ELLs)
Overview
An ELL is a student that is limited English proficient (LEP) if he/she has sufficient difficulty
speaking, reading, writing, or understanding the English language to deny him/her the opportunity
to learn successfully in English-only classrooms or to participate fully in our society.
Department of Education Contact:
Bilingual/ESL/Migrant Programs
Teaching and Learning/Exceptional Children Resources Branch
(302) 735-4210
Procedures for Identifying and Assessing Students as an English Language Learner (ELL)
Grades K-12
The Identification Procedures need to be in operation in ALL schools in a district and all charter
schools.
Identification as an ELL:
a. ALL districts and charter schools must administer a Home Language Survey to ALL NEW
STUDENTS in ALL SCHOOLS at the time of registration. An example of the questions is
below in b.
OR
b. The questions are inserted on the registration form, e.g.: Is another language other than
English spoken by the student? Is there another language other than English spoken at home and
by whom? What language is it?
If there is another language other than English, this is the FIRST FLAG that the student
MAY BE AN ELL.
c. The student must then be given an English Language Proficiency Assessment, the WIDA
ACCESS Placement Test (W-APT) within 25 days of enrollment.
1. If the student scores below 5.0 they are identified as an ELL. Placement decisions
should take into account not only the English proficiency level but grades, DSTP scores,
or any other local tests.
2. If a student in grades 1-12 scores above 5.0 she/he is considered ineligible and is not
identified as an ELL. Kindergarten students can never be considered ineligible with the
W-APT.
The scores are entered into DELSIS on the LMS/ELL webpage, including the other data, e.g.,
language, type of instruction. Students identified as ELLs must be administered the annual
English Proficiency assessment, the ACCESS.
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Requirements and Procedures
920 Educational Programs for English Language Learners (ELLs)
This regulation shall apply to any district or charter school applying for or receiving
funds to provide services or programs for English Language Learners (ELLs).
1.0 Definitions
The following words and terms, when used in this regulation shall have the following
meaning unless the context clearly indicates otherwise:
“Bilingual Programs” Bilingual programs are programs that provide instruction
using the student's native language and English across all subject areas or provide instruction in
English across all subject areas with support in the native language.
“English as a Second Language (ESL) Programs” English as a Second Language
Programs are programs providing instruction in English across all subject areas. This program
takes into account the student's level of English proficiency and builds on the language skills and
academic subject knowledge the student has acquired in his or her native language.
“English Language Learners (ELLs)” English Language Learners are students with
limited English proficiency (also referred to as (LEP) Limited English Proficient Students).
ELLs are individuals who, by reason of foreign birth or ancestry, speak a language other than
English, and either comprehend, speak, read or write little or no English, or who have been
identified as English Language Learners by a valid English language proficiency assessment
approved by the Department of Education for use statewide.
2.0 Home Language Survey
A home language survey or the questions contained in the survey shall be
administered as part of the registration process for all registering students and shall elicit from
the student's parent, guardian or Relative Caregiver the student's first acquired language and the
language(s) spoken in the student's home or by the student.
2.1 Any student for whom a language other than English is reported on the home
language survey or on the registration form as the student's first acquired language or as a
language used in the student's home or by the student shall be administered an English language
proficiency assessment. The assessment shall be conducted as soon as practicable, but not later
than twenty five (25) school days after enrollment and shall be conducted by qualified personnel
trained in the administration of the assessment instrument.
2.1.1 The English language proficiency assessment shall be based on the
English Language Proficiency Standards for English Language Learners K to 12 and shall assess
listening, speaking, reading and writing. The assessment shall be validated for this purpose and
approved by the Department of Education for use statewide.
2.1.2 Any student who achieves a score on the English language proficiency
assessment that is lower than the eligibility cut off score in listening, speaking, reading and
writing established by the Department of Education shall be identified as an ELL and shall be
entitled to a program of instruction for ELLs.
3.0 Programs of Instruction for ELLs
Programs of instruction for ELLs shall include formal instruction in English language
development; and instruction in academic subjects which is designed to provide ELLs with
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access to the regular curriculum. In selecting a program(s), each district shall choose programs
that are research based and that have been demonstrated to be effective in the education of ELLs.
3.1 Programs shall be implemented consistent with the goal of prompt acquisition of
full English proficiency. Programs shall include instruction in academic subjects which is
equivalent in scope to the instruction that is provided to students who are not limited in English
proficiency.
3.2 Instruction shall be delivered by individuals who meet Department of Education
licensure and certification requirements and who are trained in the delivery of instruction to
ELLs.
3.3 The student’s parent, guardian or Relative Caregiver has a right to refuse
placement of their child(ren) in either the Bilingual or the ESL program and also has the right to
withdraw an identified student from either program. Parents, guardians or Relative Caregivers of
eligible students who refuse placement of their student in either program or withdraw students
from either program shall do so in writing.
4.0 English Language Proficiency Assessment
Every student identified as an ELL will be administered an English language
proficiency assessment annually.
4.1 Any student who achieves a score on the annual English language proficiency
assessment that is higher than the eligibility cut off score in listening, speaking, reading and
writing established by the Department of Education shall be transitioned as fully English
proficient and placed in a regular classroom.
4.1.1 For at least two school years following the identification of the student
as fully English Proficient, the district or charter school shall monitor the academic performance
of the student. Students, who experience academic difficulty in the regular classroom during the
transition period shall, based on further assessment re-enter a Bilingual or ESL program or shall
be provided with additional instructional services as necessary and appropriate.
5.0 Annual Evaluation
Each district and charter school receiving funds to provide services or programs for
ELL’s shall prepare an annual evaluation of its program(s). This evaluation shall be part of the
district's annual evaluation process under and in compliance with the Consolidated Application.
6.0 Data and Information Required
Each district and charter school shall enter such data and information concerning
ELLs as instructed by the Department of Education and as otherwise required by the Department
into the statewide database.
9 DE Reg. 398 (9/1/05)
7.0 Communication
Each district and charter school shall ensure that communication with parents,
guardians and Relative Caregivers, including notices of eligibility for programs for ELLs, notices
about the student's educational performance and progress in such programs, and school
information that is made available to other parents, guardians and Relative Caregivers shall be
provided in English or to the extent practicable in a language the parent, guardian or Relative
Caregiver can understand.
9 DE Reg. 398 (9/1/05)
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8.0 Inclusion in Delaware Student Testing Program
ELLs and students transitioned as fully English proficient shall be included in the
Delaware Comprehensive Assessment System (DCAS) as provided for in the Department of
Education document Guidelines for the Inclusion of Students with Disabilities and Students with
Limited English Proficiency, as the same may from time to time be amended hereafter.
4 DE Reg. 467 (9/1/00)
9 DE Reg. 398 (9/1/05)
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SCHOOL NUTRITION PROGRAMS:
NATIONAL SCHOOL LUNCH PROGRAM, SCHOOL BREAKFAST PROGRAM,
SCHOOL-BASED AFTERSSCHOOL SNACKS PROGRAM, FRESH FRUIT
&VEGETABLE PROGRAM, and the SPECIAL MILK PROGRAM
Overview
Federal child nutrition programs help to ensure that students in low-income households are
receiving quality food which will be used to provide nutritious meals needed for the children to
become healthy and productive citizens in their communities.
In 2009 the U.S. Census Bureau documented that 16.7 million students live in households that
were food insecure, which means the amount of food available to feed all members in the
household, including the students varies. At times there is not enough food and/or no food for the
family members to consume. Federal school nutrition programs assist families by providing
nutritious meals to students during their school day. Charter schools are eligible to participate in
the Federal School Nutrition Programs (SNPs). Any LEA may participate in the National School
Lunch Program (NSLP) and/or School Breakfast Program (SBP). In order for a LEA to
participate in the National School-Based Afterschool Snacks Program (NSLP-ASSP) and/or the
Fresh Fruit & Vegetable Program, the LEA must participate in the NSLP. LEAs participating in
the Special Milk Program cannot participate in the other SNPs.
The Department of Education has an agreement with the U.S. Department of Agriculture (USDA)
to be the State agency (SA) for all child nutrition programs administered in Delaware. The SA is
responsible for the administration of the child nutrition programs at the State level. The SA also
provides resources, technical assistance and support to local educational agencies (LEAs)
administrating one or multiple SNPs in schools under the LEA’s jurisdiction.
The USDA regulation states any children enrolled in an institution of high school grade or under
working towards a high school diploma or equivalent are eligible to receive school meal benefits
from any of the SNPs administered in a participating school. LEAs participating in the SNP must
offer meals to all students which meet the USDA meal pattern requirement for the SNP(s) the
LEA is administering in their schools.
At the beginning of the school year, July 1st, Congress notifies USDA of the Federal
reimbursement rates for all Child Nutrition Programs (CNP) which includes SNPs. The
reimbursement rates are adjusted annually in accordance with the U.S. Consumer Price Index
and/or current Congressional legislation. USDA publishes the Federal reimbursement rates for
the three eligibility categories: free, reduced-price and paid meals. LEAs participating in one or
more SNPs will receive a monthly reimbursement which is based on the number of reimbursable
meals served to students in each eligibility category. Monthly claims for reimbursement must be
submitted to the SA School Nutrition Programs office by the 10th of each month.
Once the Charter School decides which SNP(s) they wish to participate in, the charter school
administrative staff has several options available in order to provide reimbursable school meals to
students enrolled in the charter school.
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The LEA may:
•
Agree to Purchase Meals: The LEA signs a joint Agreement to Purchase/ Furnish Meals with
a school district. The charter school contacts a school district inquiring if the school district
will provide meals for the NSLP and/or SBP. The charter school can enter into an agreement
with the school district to administrate and provide food services or just provide food services
for the SNP(s) being administered at the charter school. The agreement can stipulate that the
school district will prepare and serve the food on- site, or the school district can prepare and
deliver the food to the charter school and the charter school is responsible for serving the
meals to the students.
•
Self Operate the SNP(s). The charter school administrative staff can plan for the necessary
activities to operate the SNP(s). The LEA administration will be responsible for, but not
limited to, having: a) staff to manage the SNP(s); b) staff to prepare menu food items; and c)
staff to serve menu food items to all children accessing the SNP(s) administered at the charter
school.
•
Contract with Food Service Management Program: The charter school may solicit bids
from Food Service Management Companies for providing food and/or total food service
operation of the SNP. The charter school can also enter into a contract with a nonpublic food
service establishment for food preparation and service functions. The charter school must
contact the School Nutrition Programs for procurement guidance prior to bid solicitation. The
charter school must conduct all administrative services associated with the SNP.
•
Vended Meals: The charter school can request a school district or another charter school to
vend the meals to the charter school (see Agreement to Purchase Meals).
The National School Lunch
The 1946 the 79th Congress passed permanent legislation which was identified as the “National
School Lunch Act”. Section 2 of the Act defined it as a measure of national security to safeguard
the health and well-being of the Nation’s students and encourage consumption of domestic
nutritious agriculture. Congress through FNS of the USDA has made it possible to ensure schools
serve nutritious school meals to students each school day. The SA receives the Federal funds to
reimburse schools which participate in the NSLP. USDA also provides the states with additional
resources for establishing and maintaining the integrity of the NSLP operations which are
administered in the schools in the LEA’s jurisdiction.
Advantages of Participating in the National School Lunch Program
The NSLP ensures that students in households with food insecurity will have access to one
nutritionally balanced meal which provides one-third of the Recommend Dietary Allowances
(RDA). The NSLP also addresses lunches some students bring from home which may be
nutritionally inadequate. Research indicates students having access to nutritional food choices of
high-quality now, will continue to follow good eating habits for life. Students who have a good
lunch meal generally are also achieving academically. Students eligible for free and reduced-price
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school meal benefits receive their lunch meals either free or no more than the Federal rate for
reduced-price lunch meals.
The School Breakfast Program
The Congressional Child Nutrition Act of 1966 declared the initiation of a pilot breakfast program
in which states would provide Federal funding for schools providing breakfast meals to students
that are: 1) living in low socioeconomic communities, and 2) travel long distances to school.
The pilot program expanded beyond public schools to include nonprofit private schools and
residential childcare institutions (RCCI). In 1975 the pilot program became permanent as the
School Breakfast Program (SBP) which would also be administered by FNS of U.S. Department
of Agriculture. States receive Federal funds to reimburse schools which participate in the SBP.
USDA also provides the states with additional resources for establishing and maintaining the
integrity of the SBP operations which are administered in the schools in the LEA’s jurisdiction.
Advantages of Serving Breakfast at School
The current economy has forced many one income families to become two income families,
leaving students to learn how to prepare themselves for the school day, which includes but not
limited to getting dress, arriving at the school bus stop and/or school on time, and sometimes
helping younger siblings prepare for school. Many students arrive to school hungry due to: 1)
limited time in the morning, 2) long school bus ride, and the students can become hungry again if
they ate prior to riding the bus, and 3) food insecurity (inadequate food choices or no food
available).
There is documented research with evidence that students arriving to school without a balanced
breakfast meal will not learn. Students who have access to balanced breakfast meals are focused,
ready to learn, and have less behavior problems. Schools which administer the SBP have higher
attendance rates, increased grades, higher test scores, lower disciplinary problems, and improved
student productivity. Teachers, administrators, parents, and students appreciate the positive
effects the SBP has on the entire school climate. Students eligible for free and reduced-price
school meal benefits receive their breakfast meals either free or pay no more than the Federal rate
for reduced-price breakfast meals.
The School-Based Afterschool Snacks Program
President Clinton signed the William F. Goodling Child Nutrition Reauthorization Act of 1998,
Public Law 105-336 on October 31, 1998. The Act made a revision to the NSLP-ASSP which
eliminated schools from having to establish a child care center in order to participate in the NSLPASSP. Schools must administer the NSLP in order to administer and/or sponsor the NSLP-ASSP.
Schools sponsoring after-school programs, whose primary purpose is providing child care, must
provide educational and/or enrichment programs in a structured and supervised environment(s) to
students of high school grade and under which are eligible to participate in the NSLP-ASSP. The
NSLP-ASSP must begin after the end of the regularly scheduled school day.
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Schools which administer the NSLP-ASSP must serve snacks to students which contain at least
two (2) different components of the following four components: a serving of fluid low fat milk
(flavored and/or unflavored); a serving of meat or meat alternate; a serving of vegetables or fruits
or 100 percent vegetable or fruit juice; and a serving of whole grain or enriched bread/ cereal food
item. (The SA recommends portion sizes be adjusted to meet older students nutritional needs.)
Federal reimbursement is determined by the location of NSLP-ASSP.
All students participating in the NSLP-ASSP can purchase a snack. Students participating in a
NSLP-ASSP which is located in a school or in an attendance area of a school where at least 50
percent of the enrolled students are eligible for free or reduced price meals must provide all
students snacks at no cost to them. The school administering or sponsoring the NSLP-ASSP
Federal reimbursement will be calculated at the free rate. Schools administering or sponsoring the
NSLP-ASSP in schools and/or areas with less than 50 percent of the enrolled students eligible for
free or reduced-price meals must provide snacks to students based on their eligibility category of
free, reduced-price, or paid.
Special Milk Program
The special milk program provides milk to students enrolled in schools which do not participate in
the other SNP(s). Schools receive Federal reimbursement for each 8 ounce container of low-fat
fluid milk (flavored and/or unflavored) served to the students enrolled in the school. Milk can be
served once or twice a day.
Fresh Fruit & Vegetable Program
In an effort to address the national concern of childhood obesity Congress passed The Farm
Security and Rural Investment Child Nutrition Reauthorization Act of 2004 which permanently
authorize the Fresh Fruit & Vegetable Program (FFVP). The LEA must participate in the NSLP in
order to apply for participation in the FFVP. The FFVP provides fresh fruit and vegetables to all
students enrolled in the school. There is no cost to any of the students and/or school participating
in the FFVP. The fresh fruit and vegetables served to students must be served during the school
day either before and/or after the NSLP meal service, and/or the SBP meal service if applicable.
The FFVP encourages healthy eating habits and incorporate nutrition education which will
promote lifelong healthily eating habits. Schools are encouraged to purchase fresh fruits and
vegetables from local farmers.
Requirements for Participation in the School Nutrition Program
To participate in the SNP, the administrator of the charter school must agree to:
•
Complete the Application Agreement for Participation in one or multiple SNP(s) as per USDA
Regulation 7 CFR, Part 210.
•
Operate the SNP(s) for all students without regard to race, color, national origin, sex, age, or
disability.
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•
Ensure that students eligible for free and/or reduced-priced school meal benefits will not be
overtly identified nor discriminated against in any manner when receiving their meals.
•
Ensure all SNP(s) meals served will meet the nutritional standards established by the Secretary
of Agriculture.
•
Develop, implement and maintain a Nutrition Wellness Policy meeting or surpassing the
standards established by the Secretary of Agriculture.
•
Develop, implement and maintain a Hazard Analysis Critical Control Point (HACCP) Plan;
and adhere to Federal, and/or Delaware Health and Food Safety Codes for food service
storage, preparation, and meal service to students participating in the SNP(s).
•
Operate and maintain the school food service operation as a nonprofit entity while maintaining
the integrity of the SNP(s).
Eligibility for Free and Reduced-Priced Lunches
USDA Regulations 7 CFR Part 210 state all students are eligible to participate in the school
nutrition programs. There are several methods which the LEA will use to determine students
eligibility category (free, reduced-price, or paid) for school meal benefits. The LEA must
distribute school meal benefit forms to all students enrolled in the school. The LEA will use the
information documented on the meal benefit form to determine the students’ eligibility category.
For students to be eligible to receive free school meal benefits, the students and/or their household
must meet specific criteria. The LEA will use: a) the gross income and family size documented on
the meal benefits form; b) a valid Temporary Aid for Needy Families (TANF) case number; c) a
valid Supplemental Nutrition Assistance Program (SNAP) case number; and/or d) documentation
of student and/or student siblings’ name on one or more direct certification lists. The direct
certification lists include but not limited to students which are a part of a: homeless family,
migrant family, or a ward of the state of Delaware.
Basis for the Income Eligibility Guidelines
All income eligibility guidelines are derived from the annual Federal poverty guidelines issued by
the U.S. Department of Health and Human Services.
Federal Financial Assistance
A basic amount of Federal financial assistance is provided for all reimbursable SNP meals served
for by each student eligibility category, free, reduced-price, or paid. Additional financial
assistance is provided to LEAs, with a high number of students eligible for free and/or reduced
price meals, after the second year of participation in the NSLP and/or SBP. The rates of Federal
reimbursement are adjusted annually in accordance with changes in the Consumer Price Index.
The USDA also provides donated commodities that can be used in any of the SNP(s).
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Food Distribution Program (Commodity Foods)
LEAs that participate in the NSLP are eligible to receive commodity assistance from USDA Food
Distribution Program. The commodity food products must only be used in the SNPs. The amount
of food items distributed to the LEA is determined by the number of reimbursable lunches served
to students during the previous school year. The LEA may also be entitled to ‘bonus’ commodity
food items. Additional information about the Food Distribution Program is available upon request.
USDA Nondiscrimination Statement
The USDA requires use of the following nondiscrimination statement:
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs
and activities on the basis of race, color, national origin, age, disability, and where
applicable, sex, marital status, familial status, parental status, religion, sexual orientation,
genetic information, political beliefs, reprisal, or because all or part of an individual's
income is derived from any public assistance program. (Not all prohibited bases apply to
all programs.) Persons with disabilities who require alternative means for communication
of program information (Braille, large print, audiotape, etc.) should contact USDA's
TARGET Center at (202) 720-2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400
Independence Avenue, SW, Washington, DC 20250-9410 or call (800) 795-3272 or (202)
720-6382 (TDD).
USDA is an equal opportunity provider and employer.
Department of Education Contact:
Aimee Beam
Education Associate, School Nutrition Programs
(302) 735-4060
Information used to formulate the revision of this document was obtained from Food Nutrition
Service of the U.S. Department of Agriculture. https://www.fns.usda.gov
SCHOOL CLIMATE AND DISCIPLINE
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(Updated 12/27/11)
Overview
The following Department of Education Regulations and Delaware State Laws address matters
of School Climate and Discipline and the responsibilities of schools to comply with each
regulation, state and federal law.
Department of Education Contact
John Sadowski, Education Associate
School Climate & Discipline
(302) 735-4060
[email protected]
DOE School Climate & Discipline Website
Quick Links to DOE Regulations in this Document:
601 603 605 608 611 612 615 621
Quick Links to Delaware State Laws in this Document:
Title 14 Chapter 5 § 504A – Charter powers relating to discipline and alternative schools
Title 14 Chapter 7 § 701 - Authority of teachers and administrators to control the disruptive
behavior of students
Title 14 Chapter 7 § 702 - Corporal punishment
Title 14 Chapter 16 § 1604. Treatment of severe discipline problems component
Title 14 Chapter 41 § 4112 - Reporting school crimes
Title 14 Chapter 41 § 4112D - School Bullying Prevention
Title 14 Chapter 41 § 4123A - School Bullying Prevention & Criminal Youth Gang Detection
Training
Title 14 Chapter 41 § 4130 - Expulsion of students; re-enrollment; loss of driver's license
DOE School Climate & Discipline Regulations
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601 Schools and Law Enforcement Relations
1.0 Purpose
The purpose of this regulation is to ensure that effective communication and working
relationships exist between public schools and law enforcement agencies.
2.0 Definitions
"Alternative Program" means a program established pursuant to 14 Del.C., Chapter 16.
"School Employee" for purposes of this regulation shall mean all persons 18 years of age or
older hired by a school district, attendance zone, or charter school; subcontractors such as bus
drivers or security guards; employees of an Alternative Program provider; substitute employees;
and persons hired by or subcontracted by other state agencies to work on school property. This
definition shall be consistent with 14 Del.C. §4112.
3.0 Written Policy and Memorandum of Agreement (MOA)
3.1 All local school districts, charter schools, and Alternative Programs shall establish a written
policy on effectively communicating and working with law enforcement agencies. Each school
district, charter school and Alternative Program shall develop a Memorandum of Agreement
(MOA) with each law enforcement agency which provides services to it. Each MOA shall be in a
form substantially similar to a Model MOA as developed, approved and from time to time
revised by the Department of Education. Link to MOA
3.2 The Department shall review the Model MOA and each school district, charter school, or
Alternative Program shall review its current MOA at least once every three years.
4.0 Training Component
4.1 Any school administrator responsible for reporting school crimes or reporting school conduct
incidents to law enforcement and to the Department of Education; or any school administrator
responsible for reporting suspension and expulsion data to the Department; or any school
administrator responsible for any disciplinary process involving staff or students shall complete
Department of Education approved training and any such additional training the Department of
Education may prescribe from time to time. Link to training powerpoint
4.2 The approved training shall be primarily provided by staff at the Department of Education.
The training may be provided by a school administrator at the district, charter school, or
Alternative Program who is qualified to provide such training by having completed the
Department of Education approved training within the last twenty-four (24) months. The district,
charter school, or Alternative Program shall provide the name(s) of the trainer(s) conducting the
training and the name(s) of those school administrator(s) attending the training if such training
was provided by the district, charter school, or Alternative Program.
4.3 Each school district, charter school, and Alternative Program shall, at the time of hiring and
at the beginning of each school year thereafter, advise each School Employee of his/her duty to
report school crimes and the penalty for failure to so report as prescribed in 14 Del.C. §4112 (e).
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5.0 Reporting of Crimes to the Delaware Department of Education
5.1 The superintendent or head administrator of each school district, charter school, and
Alternative Program or his/her designee, shall ensure each school within his/her jurisdiction
reports to the Department of Education all school crimes required to be reported pursuant to 14
Del.C. §4112, and any subsequent amendment thereto. Such reports shall be submitted in a
format as designated by the Department of Education and filed with the Department of Education
within the time prescribed by Delaware statutes.
6.0 Reporting Specific Incidents of Misconduct
6.1 In addition to those school crimes required to be reported to law enforcement pursuant to 14
Del.C. §4112, the superintendent or head administrator of each school district, charter school,
and Alternative Program, or his/her designee, shall report to the Department of Education
incidents of misconduct 6.1.1 through 6.1.12. Such reports shall be submitted in a format as
designated by the Department of Education and filed with the Department of Education not later
than five working days following the incident.
6.1.1 Pornography, possession and production
6.1.2 Criminal mischief (vandalism)
6.1.3 Tampering with public records
6.1.4 Alcohol, possession and use
6.1.5 Felony theft ($1,000 or more)
6.1.6 Bullying
6.1.7 Offensive Touching (student victim)
6.1.8 Terroristic Threatening (student victim)
6.1.9 Sexual Harassment
6.1.10 Fighting/Disorderly Conduct
6.1.11 Inhalants
6.1.12 Drug Paraphernalia
7.0 Compliance Component
7.1 A school that fails to comply with the reporting mandates as set forth herein shall be subject
to identification as a "Persistently Dangerous School" as this term is defined in 14 DE Admin.
Code 608. A school identified as Persistently Dangerous will retain that designation for the
entire fiscal year.
11 DE Reg. 741 (12/01/07)
603 Compliance with the Gun-Free Schools Act
1.0 Written Policy Required
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Each school district and charter school requesting assistance under the Elementary and
Secondary Education Act (ESEA) shall have a written policy implementing the Gun Free
Schools Act [(20 USC 4141) (20 USC 7151)] and 11 Del.C. §1457(j) or its successor statute. At
a minimum, the policy must contain the following elements:
1.1 A student who is determined to have brought a firearm to school, or to have possessed a
firearm at school, shall be expelled for not less than one year.
1.2 Modification to the expulsion requirement may be made on a case by case basis by the chief
school officer. Any modification to the expulsion requirement must be made in writing to the
Department.
1.3 The definition of "Firearm" shall be the same as the meaning given to the term in the federal
Gun-Free Schools Act.
12 DE Reg. 325 (09/01/08)
2.0 Submission of the Policy to the State Department of Education
Each school district and charter school requesting assistance under the ESEA shall submit the
following to the Delaware Department of Education by June 1 each year, in such form as the
Department requires:
2.1 An assurance that its policies comply with this regulation and with 11 Del.C. §1457(j) or its
successor statute.
2.2 Descriptions of the expulsions imposed under 11 Del.C. §1457(j) or its successor statute and
under the policy implemented in accord with this regulation.
3.0 Individuals with Disabilities Act
Nothing in this regulation shall alter a district or charter school's duties pursuant to the
Individuals with Disabilities Education Act.
1 DE Reg. 1976 (6/1/98)
7 DE Reg. 333 (9/1/03)
4.0 Reporting Requirements and Timelines
4.1 Each public school district and charter school shall have an electronic copy of its policy
implementing the Gun-Free Schools Act [(20 USC 4141) (20 USC 7151)] and 11 Del.C.
§1457(j) or its successor statute on file with the Department of Education.
4.2 Each public school district and charter school shall provide an electronic copy of any policy
implementing the Gun-Free Schools Act [(20 USC 4141) (20 USC 7151)] and 11 Del.C.
§1457(j) or its successor statute within ninety (90) days of such revision(s) regardless of whether
said revisions were made as a result of changes to Federal, state or local law, regulations,
guidance or policies.
12 DE Reg. 325 (09/01/08)
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605 Student Rights and Responsibilities
1.0 Required Policy
1.1 All local school districts and charter schools shall have their own policies on student rights
and responsibilities. These policies shall be based on the most current version or reauthorization
of Delaware Code, Delaware Administrative Code, federal legislation such as, but not limited
to, Individuals with Disabilities Education Act (IDEA), Civil Rights Act, Elementary and
Secondary Education Act (ESEA), Section 504 of the Rehabilitation Act, Americans with
Disabilities Act (ADA), and the Patsy T. Mink Equal Opportunity in Education Act (Title IX).
2 DE Reg. 112 (7/1/98)
7 DE Reg. 161 (8/1/03)
12 DE Reg. 219 (08/01/08)
2.0 Distribution of Student Rights and Responsibilities Policy
2.1 Each local school district and charter school shall distribute and explain these policies to
every student at the beginning of each school year.
2.2 Each district and charter school shall distribute and explain these policies to each student
enrolling or re enrolling during the school year.
2.3 Each district and charter school shall post the policies on student rights and responsibilities
on its website and notify a parent, guardian or Relative Caregiver of each student in writing
where this policy(s) can be accessed. A hard copy shall be provided to a parent, guardian or
Relative Caregiver upon request.
12 DE Reg. 219 (08/01/08)
3.0 Reporting Requirements and Timelines
3.1 Each local school district and charter school shall have an electronic copy of its current
student rights and responsibilities policy(s) on file with the Department of Education.
3.2 Each local school district and charter school shall provide an electronic copy of any student
rights and responsibilities policy(s) to the Department within ninety (90) days of such revision(s)
regardless of whether said revisions were made as a result of changes to Federal, state or local
law, regulations, guidance or policies.
12 DE Reg. 219 (08/01/08)
608 Unsafe School Choice Option Policy
The Elementary and Secondary Education Act (ESEA) of 1965, as amended by the No Child
Left Behind Act of 2001), requires that a State Education Agency establish a State Unsafe
School Choice Option policy in order to receive funding under ESEA.
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1.0 Definitions
In this regulation, the following terms shall have the meanings indicated below:
"Crime" shall have the same meaning as provided in 14 Del.C. §4112.
"Enrolled Students" unless the context indicates otherwise, means all students included in the
Delaware Student Information System (DELSIS) report for the year of the data collection.
"Expulsion" means, for purposes of this regulation, the exclusion from the regular school setting
for a period determined by the local district board or charter school board not to exceed one year.
The process for readmission shall be determined by the local district board or charter school
board.
"Firearm" means handgun, rifle, shotgun, or other type of firearm as that term is defined in the
federal Gun Free Schools Zone Act at 18 U.S.C.A. §921.
"Fiscal Year" means the period of July 1 through June 30.
"Gun Free Schools Violation" means the prohibited bringing to school, or possession while in
school of a firearm by a student.
"Persistently Dangerous School" means a school that has five or more unsafe incidents for
every one hundred students enrolled for three consecutive fiscal years.
"Safe School" means a school in the same school district that is not currently identified by the
Department of Education as a persistently dangerous school.
"School" means any public school including charter schools. School property shall have the
same meaning as provided in 14 Del.C. §4112 (a)(9).
"Suspension" means, for the purpose of this regulation, the external (out of school) removal of a
student from the general school population.
"Terroristic Threatening" shall have the same meaning as provided in 11 Del.C. §621.
"Unsafe Incidents" means any of the following:
The school suspended or expelled a student for a gun free schools violation; or
The school suspended or expelled a student for a crime committed on school property which is
required to be reported under 14 Del.C. §4112; or
The school reported a crime committed by a non student on school property that is required to be
reported under 14 Del.C. §4112; or
The school suspended or expelled a student for terroristic threatening as that term is defined in
11 Del.C. §621.
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"Violent Felony" shall have the same meaning as provided in 11 Del.C. §4201(c). (A list of
these crimes can be found in the Delaware Guidelines for the Development of the Unsafe School
Choice Option.)
2.0 Identification of Persistently Dangerous Schools
2.1 The Department of Education shall identify each persistently dangerous school using the data
reported to it pursuant to the provisions of 14 Del.C. §4112, 14 DE Admin. Code 601, and any
expulsion and suspension data as required by the Department.
2.2 Notwithstanding any provision herein to the contrary, any year that a school fails to comply
with the reporting mandates, as set forth in 2.1 above, to the Delaware Department of Education
or to the appropriate police agency as set forth above, the Department of Education will consider
the school as if it otherwise met the criteria to be classified as a persistently dangerous school for
that year until such time as it may be determined, in the sole discretion of the Department, that
the school has met such reporting requirements.
2.3 A school identified as persistently dangerous will retain that designation for the entire fiscal
year.
3.0 Students Attending Schools Labeled as Persistently Dangerous
3.1 A student attending a persistently dangerous school shall be allowed to choice to a safe
school in the same school district, including a charter school; provided such an option exists in
the district, the student should be permitted to transfer to a school that is making adequate yearly
progress and has not been identified as being in school improvement, corrective action or
restructuring.
3.2 Each public school district having one or more persistently dangerous schools and any
charter school identified as a persistently dangerous school shall develop a plan and time line
that describes the process for notifying parents of the school's status and for relocating any
student who exercises the right to choice to a safe school. The plan shall also describe the
corrective actions that will be implemented. The plan shall be forwarded to the Department of
Education no later than September 15th of the year that the school is identified.
4.0 Students Who are Victims of a Violent Felony
4.1 A student who is the victim of a Violent Felony while in or on the grounds of a school in
which the student is enrolled shall be allowed to choice to a safe school in the same school
district, including a charter school; the student should be permitted to transfer to a school that is
making adequate yearly progress and has not been identified as being in school improvement,
corrective action or restructuring. Each school district and charter school shall have an electronic
copy of the current policies and procedures on file with the Department of Education.
4.2 All school districts and charter schools shall establish a plan that describes their policies and
procedures for providing school choice options to a student who is the victim of a violent felony,
including the process for notifying parents.
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4.3 Each school district and charter school shall provide an electronic copy of any new or revised
policies and procedures within ninety (90) days of any revision(s) regardless of whether said
revisions were made as a result of changes to Federal, state or local law, regulations, guidance or
policies.
7 DE Reg.67 (7/1/03)
12 DE Reg. 62 (07/01/08)
611 Consortium Discipline Alternative Programs for Treatment of Severe
Discipline Problems (Note: Below is not the complete version of regulation 611)
12.0 Charter School Students
12.1 A charter school, subject to the limitations of 14 Del.C. 504A(8), shall pursue referral of
any student meeting the requirements of Section 1.2 into a Consortium Discipline Alternative
Program pursuant to the provisions of Chapter 16 of Title 14 of the Delaware Code.
12.2 To the extent applicable, a charter school placing a student in a Consortium Discipline
Alternative Program shall be subject to the provisions of this regulation.
8 DE Reg. 1008 (01/01/05)
12 DE Reg. 1075 (02/01/09)
612 Possession, Use or Distribution of Drugs and Alcohol
1.0 The Following Policy on the Possession, Use, or Distribution of Drugs and Alcohol
Shall Apply to All Public School Districts and Charter Schools
1.1 The possession, use and/or distribution of alcohol, a drug, a drug like substance, a look alike
substance and drug paraphernalia are wrong and harmful to students and are prohibited within
the school environment.
1.2 Student lockers are the property of the school and may be subjected to search at any time
with or without reasonable suspicion.
1.3 Student motor vehicle use to and in the school environment is a privilege which may be
extended by school districts or charter schools to students in exchange for their cooperation in
the maintenance of a safe school atmosphere. Reasonable suspicion of a student's use, possession
or distribution of alcohol, a drug, a drug like substance, a look alike substance or drug
paraphernalia in the school environment, may result in the student being asked to open an
automobile in the school environment to permit school authorities to look for such items. Failure
to open any part of the motor vehicle on the request of school authorities may result in the police
being called to conduct a search, and will result in loss of the privilege to bring the vehicle on
campus.
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1.4 All alcohol, drugs, drug like substances, look alike substances and drug paraphernalia found
in a student's possession shall be turned over to the principal or designee, and be made available,
in the case of a medical emergency, for identification. All substances shall be sealed and
documented, and, in the case of substances covered by 16 Del.C. Ch. 47, turned over to police as
potential evidence.
12 DE Reg. 781 (12/01/08)
2.0 The Following Definitions Shall Apply to This Policy and will be Used in All District
and Charter School Policies
"Alcohol" shall mean alcohol or any alcoholic liquor capable of being consumed by a human
being, as defined in 4 Del.C. §101 including alcohol, spirits, wine and beer.
"Distribute" "Distributing" or "Distribution" shall mean the transfer or attempted transfer of
alcohol, a drug, a look alike substance, a drug like substance, or drug paraphernalia to any other
person with or without the exchange of money or other valuable consideration.
"Drug" shall mean any controlled substance or counterfeit substance as defined in 16 Del.C.
§4701 including, for example, narcotic drugs such as heroin or cocaine, amphetamines, anabolic
steroids, and marijuana, and shall include any prescription substance which has been given to or
prescribed for a person other than the student in whose possession it is found.
"Drug Like Substance" shall mean any noncontrolled and nonprescription substance capable of
producing a change in behavior or altering a state of mind or feeling, including, for example,
some over the counter cough medicines, certain types of glue, caffeine pills and diet pills. The
definition of drug like substance does not include tobacco or tobacco products which are
governed by 14 DE Admin. Code 877 Tobacco Policy.
"Drug Paraphernalia" shall mean all equipment, products and materials as defined in 16 Del.C.
§4701 including, for example, roach clips, miniature cocaine spoons and containers for
packaging drugs.
"Expulsion" shall mean exclusion from school for a period determined by the local district or
charter school not to exceed the total number of student days. The process for readmission shall
be determined by the local district or charter school.
"Look Alike Substance" shall mean any noncontrolled substance which is packaged so as to
appear to be, or about which a student makes an express or implied representation that the
substance is, a drug or a noncontrolled substance capable of producing a change in behavior or
altering a state of mind or feeling. See 16 Del.C. §4752A.
"Nonprescription Medication" shall mean any over the counter medication; some of these
medications may be a "drug like substance."
"Possess" "Possessing" or "Possession" shall mean that a student has on the student's person, in
the student's belongings, or under the student's reasonable control by placement of and
knowledge of the whereabouts of, alcohol, a drug, a look alike substance, a drug like substance
or drug paraphernalia.
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"Prescription Drugs" shall mean any substance obtained directly from or pursuant to a valid
prescription or order of a practitioner, as defined in 16 Del.C. §4701(24), while acting in the
course of his or her professional practice, and which is specifically intended for the student in
whose possession it is found.
"School Environment" shall mean within or on school property, and at school sanctioned or
supervised activities, including, for example, on school grounds, on school buses, at functions
held on school grounds, at extracurricular activities held on and off school grounds, on field trips
and at functions held at the school in the evening.
"Use" shall mean that a student is reasonably known to have ingested, smoked or otherwise
assimilated alcohol, a drug or a drug like substance, or is reasonably found to be under the
influence of such a substance.
12 DE Reg. 781 (12/01/08)
3.0 Requirement of Each School District and Charter School to have a Policy.
Each school district and charter school shall have a policy on file and update it periodically. The
policy shall Include, as a minimum the following:
3.1 A system of notification of each student and of his/her parent, guardian or Relative Caregiver
at the beginning of the school year, of the state and district policies and regulations. In addition a
system for the notification of each student and his/her parent, guardian or Relative Caregiver
whenever a student enrolls or re enrolls during the school year of the state and district policies
and regulations.
3.2 A statement that state and district or charter school policies shall apply to all students, except
that with respect to children with disabilities, applicable federal and state laws will be followed.
3.3 A written policy which sets out procedures for reporting incidents to police authorities,
parents, guardians or Relative Caregivers and to the Department of Education, while maintaining
confidentiality.
3.4 A written policy on how evidence is to be kept, stored and documented, so that the chain of
custody is clearly established prior to giving such evidence over to the police.
3.5 A written policy on search and seizure.
3.6 A program of assistance for students with counseling and referral to services as needed.
3.7 A discipline policy which contains, at a minimum, the following penalties for infractions of
state, district, and charter school drug policies.
3.7.1 Use/Impairment: For a first offense, if a student is found to be only impaired and not
in violation of any other policies, he/she shall be suspended for up to 10 days, or placed in
an alternative setting for up to 10 days, depending upon the degree of impairment, the
nature of the substance used, and other aggravating or mitigating factors. For a second or
subsequent offense, a student may be expelled or placed in an alternative setting for the rest
of the school year.
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3.7.2 Possession of alcohol, a drug, a drug like substance, and/or a look alike substance, in
an amount typical for personal use, and drug paraphernalia: For a first offense, the student
shall be suspended for 5 to 10 days. For a second or subsequent offense, a student may be
expelled for the rest of the school year or placed in an alternative setting for the rest of the
school year.
3.7.3 Possession of a quantity of alcohol, a drug, a drug like substance, a look alike
substance and drug paraphernalia in an amount which exceeds an amount typical for
personal use, or distribution of the above named substances or paraphernalia: the student
shall be suspended for 10 days, or placed in an alternative setting for 10 days. Depending on
the nature of the substance, the quantity of the substance and/or other aggravating or
mitigating factors, the student also may be expelled.
3.8 A policy in cases involving a drug like substance or a look alike substance for establishing
that the student intended to use, possess or distribute the substance as a drug.
3.9 A policy which establishes how prescription and nonprescription drugs shall be handled in
the school environment and when they will be considered unauthorized and subject to these state
and local policies.
3.10 A policy which sets out the conditions for return after expulsion for alcohol or drug
infractions.
3.11 Notwithstanding any of the foregoing to the contrary, all policies adopted by public school
districts or charter schools relating to the possession or use of drugs shall permit a student's
discretionary use and possession of an asthmatic quick relief inhaler ("Inhaler") or autoinjectable
epinephrine with individual prescription label; provided, nevertheless, that the student uses the
inhaler or autoinjectable epinephrine pursuant to prescription or written direction from a state
licensed health care practitioner; a copy of which shall be provided to the school district or
charter school; and further provided that the parent(s) or legal custodian(s) of such student
provide the school district or charter school with written authorization for the student to possess
and use the inhaler or autoinjectable epinephrine at such student's discretion, together with a
form of release satisfactory to the school district or charter school releasing the school district or
charter school and its employees from any and all liability resulting or arising from the student's
discretionary use and possession of the inhaler or autoinjectable epinephrine and further provided
that the school nurse may impose reasonable limitations or restrictions upon the student's use and
possession of the inhaler or autoinjectable epinephrine based upon the student's age, level of
maturity, behavior, or other relevant considerations.
3.11.1 Parents or legal custodians shall not be required to provide or sign a form of release
where the student's use and possession of an asthmatic quick relief inhaler or autoinjectable
epinephrine is determined by the student's IEP or Section 504 Team to be necessary for the
student's educational placement.
3.11.2 Except as provided for in a student's Section 504 Plan or IEP, the school nurse may
not unilaterally impose limitations or restrictions on a student's use and possession of an
asthmatic quick relief inhaler or autoinjectable epinephrine if a Section 504 or IEP Team
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has determined the use of the medication is necessary for the student's educational
placement.
(For students who use prescribed asthmatic quick relief inhalers or autoinjectable epinephrine,
see 14 DE Admin. Code 817, Administration of Medications and Treatments)
12 DE Reg. 781 (12/01/08)
13 DE Reg. 1201 (03/01/10)
4.0 Reporting Requirements and Timelines
4.1 Each local school district and charter school shall have an electronic copy of its current
possession, use and distribution of drugs and alcohol policy on file with the Department of
Education.
4.2 When a local school district or charter school revises its possession, use, and distribution of
drugs and alcohol policy, it shall provide an electronic copy of the revised policy to the
Department within thirty (30] days of the revision, even if the revision was made because of
changes in Federal, state or local law, regulations, guidance or policies.2 DE Reg. 2043 (5/1/99)
7 DE Reg. 767 (12/1/03)
12 DE Reg. 781 (12/01/08)
615 School Attendance
1.0 Required Attendance Policy
1.1 Each school district shall have an attendance policy that is in accordance with the
requirements of the Delaware Code and which defines and describes the district's rules
concerning attendance for students K to 12.
2 DE Reg. 685 (10/1/98)
7 DE Reg. 619 (11/1/03)
12 DE Reg. 221 (08/01/08)
2.0 Distribution of Attendance Policy
2.1 Each district shall distribute and explain these policies to every student at the beginning of
each school year.
2.2 Each district shall distribute and explain these policies to each student enrolling or re
enrolling during the school year.
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2.3 Each district shall post the attendance policy on its website and notify a parent, guardian or
Relative Caregiver of each student in writing where this policy can be accessed. A hard copy
shall be provided to a parent, guardian or Relative Caregiver upon request.
12 DE Reg. 221 (08/01/08)
3.0 Reporting Requirements and Timelines
3.1 Each public school district shall have an electronic copy of its current attendance policy on
file with the Department of Education.
3.2 Each public school district shall provide an electronic copy of any attendance policy within
ninety (90) days of such revision(s) regardless of whether said revisions were made as a result of
changes to Federal, state or local law, regulations, guidance or policies.
12 DE Reg. 221 (08/01/08)
621 District and School Emergency Preparedness Policy
1.0 Definitions
“Charter School” shall mean a charter school board established pursuant to Chapter 5 of Title
14 of the Delaware Code.
“District” shall mean a reorganized school district or vocational technical school district
established pursuant to Chapter 10 of Title 14 of the Delaware Code.
“Emergency Preparedness Guidelines”means the Department of Education developed
documents that outline the steps, processes, procedures, audits and actions a school, local school
district or charter school shall use to develop a plan to respond to an emergency event or crisis
situation, including a major communicable disease event such as a Pandemic Influenza Outbreak
that may occur in the school community. These documents may be revised from time to time.
The documents shall be available on the Department of Education website.
“School Safety Team” means the individuals identified in the district or charter school
emergency preparedness or crisis response plan responsible for the planning and implementation
of the plan at the school level or district level.
2.0 District and Charter School Written Policy Required
2.1 Each school district and charter school shall have a written policy that outlines an emergency
preparedness plan that is consistent with the Emergency Preparedness Guidelines. In addition,
the district policy shall state how the emergency preparedness plan shall be implemented at each
school within the district. The emergency preparedness plan shall be reviewed with students and
staff annually.
2.2 The district policy shall describe how each school within the district shall plan and conduct at
least one emergency event or crisis situation exercise annually. In addition, each district shall
conduct at least one tabletop exercise on a major communicable disease event such as a
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Pandemic Influenza Outbreak every two years.
2.3 The charter school policy shall describe how the charter school will plan and conduct at least
one emergency event or crisis situation exercise annually and at least one tabletop exercise on a
major communicable disease event such as a Pandemic Influenza Outbreak every two years.
3.0 Reporting Requirements and Timelines
3.1 Each public school district and charter school shall have an electronic copy of its current
Emergency Preparedness policy on file with the Department of Education. In addition, following
the practice exercise(s) outlined in 2.0 of this regulation, the district superintendent or designee,
or charter school administrator shall document the practice exercise(s) and the school safety
team(s) meeting(s) to assess readiness and determine the effectiveness of the existing plans. The
documentation of such practice exercise(s) and School Safety Team meeting(s) shall be provided
to the Department upon request.
3.2 Each school district and charter shall provide an electronic copy of the its Emergency
Preparedness policy within thirty (30) days of any revision(s) regardless of whether said
revisions were made as a result of changes to Federal, state or local law, regulations, guidance,
policies or recommendations from the School Safety Team.
12 DE Reg. 1081 (02/01/09)
*Note: This regulation replaced 14 DE Admin Code 618 School Safety Audit and 14 DE
Admin. Code 620 School Crisis Response Plan which were repealed.
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Delaware Laws relating to School Climate & Discipline
Title 14 Chapter 5, § 504A. Powers.
Consistent with its charter and the provisions of its certificate of incorporation, bylaws or
membership agreements, the board of directors of a charter school or schools shall, as to each
charter that the board holds, have the power to:
(8) Establish reasonable academic and disciplinary standards specifically related to the
missions, goals and educational objectives for the charter school as set forth in its charter for
students to continue enrollment in the charter school; provided, however, that an expulsion from
a charter school shall have the same effect for the purposes of § 4130 of this title as expulsion
from a school district. Charter schools may refer students to the alternative programs operated
pursuant to the provision of Chapter 16 of this title subject to the following conditions:
a. A student may only be referred to a program which serves that student's district
of residence and only if there is space available in such program to serve the student;
b. The student otherwise meets eligibility criteria for students who may be
enrolled in such program; and
c. The student's district of residence and the charter school in which the student is
enrolled agree to a proration of student funding between or among the charter school and the
school district in which the student resides, in which case the district of residence shall become
liable for any cost associated with the placement of the student in the alternative program;
Title 14 Chapter 7 § 701. Authority of teachers and administrators to control
the disruptive behavior of students.
(a) "Disruptive behavior" includes conduct that is so unruly, disruptive or abusive that it
seriously interferes with a school teacher's or school administrator's ability to communicate with
the students in a classroom, with a student's ability to learn, or with the operation of a school or a
school-sponsored activity.
(b) While a student is entrusted in their care or supervision, public school teachers and
administrators have the same authority to control the behavior of the student and to discipline or
punish the student as a parent, custodian, guardian or other person similarly responsible for the
care and supervision of the student except as provided in § 702 of this title. The authority
includes removing a student from a classroom or school-sponsored activity.
(c) When a teacher removes a student from a classroom or school-sponsored activity in an
effort to control the student's disruptive behavior, an on-site school administrator may, upon a
written showing of good cause, override the teacher's decision to remove the student from the
classroom or school-sponsored activity. Before overriding a teacher's decision, the administrator
shall strongly presume that the teacher's decision to remove the student was reasonable and
necessary under the circumstances.
106
(d) When a student is removed from a classroom or school-sponsored activity or is disciplined
or punished pursuant to this section, the principal or the principal's designee shall afford the
student appropriate due process as required by the federal and State constitutions.
(e) When a student is removed from a classroom or school-sponsored activity, the principal or
the principal's designee and the removing teacher shall determine if and when a student may be
readmitted to the classroom or school-sponsored activity. If the teacher and principal or
principal's designee cannot agree, the superintendent or the superintendent's designee shall make
the determination.
(f) When a teacher or school administrator removes a student from a classroom or schoolsponsored activity or disciplines or punishes a student, a rebuttable presumption exists that the
teacher or administrator acted reasonably, in good faith, and in accordance with State or local
board of education policy. The burden of overcoming the presumption shall be upon the student.
(g) Each local board of education shall establish, adopt, publish and distribute to students in
the district and their parents or guardians policy or standards that:
(1) Specify the general circumstances under which a student may be removed from a
classroom or school-sponsored activity, consistent with a teacher's ultimate authority to
determine disruptive behavior and to remove a student from a classroom or school-sponsored
activity; and
(2) Further define and/or provide examples of "disruptive behavior" set forth in
subsection (a) of this section.
(h) A district shall not establish or adopt a policy or standards that prohibit the removal of a
student from a classroom or school-sponsored activity.
(i) No teacher who purports to have acted pursuant to the teacher's rights established by this
chapter shall be found liable for civil damages arising from that action unless that teacher's
conduct shocks the conscience.
14 Del. C. 1953, § 701; 57 Del. Laws, c. 383; 60 Del. Laws, c. 662, § 1; 72 Del. Laws, c. 236, §
1; 73 Del. Laws, c. 75, § 1; 74 Del. Laws, c. 17, §§ 1-3; 75 Del. Laws, c. 158, § 1.;
Title 14 Chapter 7 § 702. Corporal punishment.
(a) "Corporal punishment" means the intentional infliction of physical pain which is used as a
means of discipline. "Corporal punishment" includes, but is not limited to, paddling and
slapping, when used as a means of discipline.
(b) No public school teacher, administrator, official employee or agent of the School Board
may subject a student enrolled in the school district to corporal punishment.
(c) Subsection (b) of this section does not prohibit a public school teacher, administrator,
official employee or agent of a school board from:
(1) Using reasonable and necessary force to quell a disturbance or prevent an act that
threatens physical injury to any person;
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(2) Using reasonable and necessary force to obtain possession of a weapon, or other
dangerous object within a pupil's control;
(3) Using reasonable and necessary force for the purpose of self-defense or the defense
of others under §§ 464 and 465 of Title 11;
(4) Using reasonable and necessary force for the protection of property under § 466 of
Title 11;
(5) Using reasonable and necessary force to prevent a pupil from inflicting harm on that
pupil's own self;
(6) Using reasonable and necessary force to protect the safety of others; or
(7) Using incidental, minor or reasonable physical contact designed to maintain order
and control.
(d) In determining whether or not a person was acting within the exceptions in subsection (c)
of this section, deference shall be given to reasonable, good faith judgments made by the teacher,
administrator, official employee or agent.
(e) Nothing in this section shall prohibit, permit or otherwise affect any action taken by the
teacher, administrator, official employee or agent of the School Board with regard to a person
who is not a pupil enrolled in the school district.
74 Del. Laws, c. 17, § 4; 70 Del. Laws, c. 186, § 1.;
Title 14 Chapter 16 § 1604. Treatment of severe discipline problems
component.
The Department of Education shall establish a program component which will provide
alternative educational and related services for the more severe discipline problems in the public
schools. This component will serve primarily secondary school students, including but not
limited to: youngsters who have been expelled from regular schools, students who may be
subject to expulsion, and others who have serious violations of the local school district discipline
code. The Department of Education shall provide rules and regulations for the conduct of
programs authorized under this section subject to the following limitations:
(8) A student 16 years of age or less who is expelled or suspended pending expulsion by a
local school district or charter school shall be presumed appropriate for placement in a
Consortium Discipline Alternative Program site, provided the student is not otherwise ineligible
by statute or regulation for placement in such a program. The burden of establishing that a
student is not appropriate for placement in a Consortium Discipline Alternative Program shall be
on the local school district or charter school. Any student not shown by preponderance of
evidence to be inappropriate for placement in a Consortium Discipline Alternative Program shall
be placed in such a program.
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Title 14 Chapter 41 § 4112. Reporting school crimes.
(a) Definitions. -- The following words, terms and phrases, when used in this section, shall
have the meaning ascribed to them except where the context clearly indicates a different
meaning:
(1) "Crime" includes a felony, misdemeanor or violation defined in the Delaware Code,
as well as behavior by a person under 18 years of age which would be considered a felony,
misdemeanor or violation if it had been committed by an adult.
(2) "Non-instructional designee" means a school employee whose primary job duty does
not include teaching students.
(3) "Notification" means direct contact by telephone, in person, or by certified mail,
unless otherwise designated.
(4) "Parent" includes natural parent, adoptive parent, or any person, agency, or
institution that has temporary or permanent custody or guardianship over a student.
(5) "Parent conference" includes a meeting by telephone or in person, unless otherwise
designated.
(6) "Principal" means the building principal of any public school or charter school, or
the building principal's designee.
(7) "School employee" includes all persons by a school district, attendance zone or
charter school; subcontractors such as bus drivers or security guards; substitute employees; and
persons hired by or subcontracted by other state agencies to work on school property.
(8) "School function" includes any field trip or any officially sponsored public or
charter school event.
(9) "School property" means any building, structure, athletic field, sports stadium or real
property that is owned, operated, leased or rented by any public school district or charter school
including, but not limited to, any kindergarten, elementary, secondary, or vocational-technical
school or charter school, or any motor vehicle owned, operated, leased, rented or subcontracted
by any public school or charter school.
(10) "School volunteer" means a person who, without compensation, renders service to
a public or charter school. "School volunteer" includes parents who assist in school activities or
chaperone school functions.
(11) "Superintendent" means the superintendent of any public school district or charter
school, or the superintendent's designee.
(12) "Suspension" means either an external or an internal removal of a student from the
general school population.
(13) "Violent felony" means a crime designated in § 4201(c) of Title 11.
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(14) "Written report" includes printed paper filings and electronic filings that can be
printed.
(b) Criminal violation; mandatory reports. -(1) Whenever a school employee has reliable information that would lead a reasonable
person to believe that:
a. A student or a school volunteer has been the victim of:
1. A violent felony,
2. An Assault III, or
3. An Unlawful Sexual Contact III,
as prohibited by Title 11, which occurred on school property or at a school function;
b. A school employee has been the victim of:
1. A violent felony,
2. An Assault III,
3. An Unlawful Sexual Contact III,
4. An Offensive Touching, or
5. A Terroristic Threatening,
as prohibited by Title 11, which occurred on school property or at a school function; or
c. A student has been the victim of:
1. A violent felony;
2. An assault in the third degree; or
3. Any sexual offense, as defined in § 761(g) of Title 11,
as prohibited by Title 11, when the school employee has reliable information that would
lead a reasonable person to believe that the crime has been committed by another school
employee, regardless of whether the offense occurred on school property or at a school function,
The school employee who has reliable information that would lead a reasonable person to
believe that a crime has been committed shall immediately report the incident to the principal,
who shall immediately make reasonable efforts to notify the parents of any juvenile victim and
shall immediately report the incident to the appropriate police agency. The report shall be made
by telephone or in person immediately and shall be followed by a written report within 3
business days.
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If the police agency determines that probable cause exists to believe that a crime has
been committed, or if the principal later learns that a suspect has been arrested for the offense,
then the principal must file a written report of the incident with the superintendent. Thereafter,
the superintendent shall, within 5 days, file a written report of the incident with the Department
of Education.
Under no circumstances shall any person who has supervisory authority over the
principal or any school board member exercise any control of, hinder or delay the lodging of any
oral or written report required to be made pursuant to this subsection or the forwarding of such
report to the Department of Education or the police. A principal (or acting principal if the
principal is absent) may not delegate to or rely upon any other person except an assistant
principal to make the immediate report to the police. A person with supervisory authority over
the principal or any school board member who has knowledge of an incident which is required to
be reported under this section, and who has information that would lead a reasonable person to
believe that it has not been reported to the police, has an affirmative duty to report the incident to
the police immediately. This includes, but is not limited to, incidents in which a school employee
is a possible suspect and when an administrative review is ongoing.
Nothing in this section shall preclude school officials from reporting probable crimes
that occur on school property or at a school function which are not required to be reported under
this section. Nothing in this section shall abrogate the reporting requirements for child abuse or
sexual abuse set forth in § 906 et seq. of Title 16.
(2) Offenders under the age of 12. -- When a misdemeanor offense listed in this
subsection has allegedly been committed by a child under the age of 12, the principal is not
required to notify the appropriate police agency or to follow the provisions of subsection (d) of
this section, but must file a written report of the incident with the superintendent, who shall file
the written report with the Department of Education within 5 working days of receiving the
report from the principal. The mandatory court filing requirements set forth in paragraph (b)(4)
of this section do not apply when a misdemeanor offense has been committed by a child under
the age of 12. When the alleged offense is a violent felony, the appropriate police agency must
be notified of the incident even when the suspect is under the age of 12.
(3) Sexual harassment. -- Whenever a school employee has reliable information that
would lead a reasonable person to believe that a student has been the victim of sexual
harassment, as defined in Title 11, which occurred on school property or at a school function, the
harassment must be reported to the principal, who, immediately after conducting a thorough
investigation to determine if good reason exists to believe that harassment has occurred, must
notify the victim's parent of that determination if the parent is not alleged to be the offender. The
principal is not required to notify the appropriate police agency or to follow the provisions of
subsection (d) of this section, but must file a written report with the Department of Education.
(4) Mandatory filing of misdemeanor charge with a court when victim is a school
employee. -- In any instance where probable cause exists to believe that a school employee has
been the victim of a misdemeanor set forth in paragraph (b)(1)b. of this section and the offender
has been identified, the superintendent, the superintendent's non-instructional designee, or a
building-level administrator must, within 3 working days of receiving a police report, file the
appropriate misdemeanor criminal charge or charges with a court of proper jurisdiction unless:
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a. The police agency or the Attorney General's office recommends against filing a
criminal charge or charges;
b. A criminal charge or charges have already been filed;
c. The police have agreed to file a criminal charge or charges; or
d. The offender is under the age of 12.
After making inquiries into the source of the complainant's information and the grounds
of the complainant's belief, the court of proper jurisdiction shall have the authority to issue a
warrant based on information and belief when the complaint has been signed by a superintendent
or by a superintendent's non-instructional designee or by a building-level administrator pursuant
to this section.
(c) Student possession of weapons and unlawful drugs; mandatory complaints. -- Whenever a
school employee has reliable information that would lead a reasonable person to believe that a
person on school property or at a school function has on his or her person, concealed in that
person's possessions, or placed elsewhere on school property:
(1) Any controlled substance prohibited by Title 16, or
(2) Any deadly weapon, destructive weapon, dangerous instrument or incendiary or
explosive device as prohibited by Title 11,
the school employee shall immediately report the incident to the principal, who shall conduct a
thorough investigation. If the investigation verifies that good reason exists to believe that a crime
has been committed, the principal shall immediately notify the appropriate police agency of the
incident. If the police agency determines that probable cause exists to believe that a crime has
been committed, then the principal shall file a written report of the incident with the
superintendent. Thereafter, the superintendent shall file a written report of the incident with the
Department of Education within 5 working days.
(d) Suspensions. -(1) Whenever a police agency has determined that probable cause exists to believe that
a student has committed a crime which must be reported to the police pursuant to this section, the
student shall:
a. Be referred immediately to the internal or external alternative services of the
district or school for intervention of an appropriate nature and duration prior to being returned to
the general student body, and
b. Be given an immediate internal or external suspension by the district or school
until a parent conference is held to review the student's educational placement.
(2) A student who is placed in an alternative program pursuant to this subsection, and
who is determined by a superintendent to be in immediate need of a program to prevent seriously
violent or habitual criminal behavior, shall be separated in the alternative program from students
for whom such a determination has not been made. The superintendent's determination shall
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include a statement of the recommended degree of separation, keeping in mind the available
resources.
(3) Before a student suspended under this subsection may be returned to the general
student body, a parent of the suspended student is required to attend a parent conference with the
superintendent to discuss the offense and to review the student's educational placement. A
telephone conference shall be sufficient only if the superintendent so determines and so notifies
the parent. If the parent does not attend the parent conference, a subpoena compelling the
parent's attendance may be issued pursuant to § 4122 of this title.
(4) When a student who has been given an external suspension or who has been sent to
an alternative program pursuant to this subsection returns to the general student body at a school
where the victim is required to be present, the principal of the school must attempt to notify the
adult victim or, if the victim is a juvenile, a parent of the juvenile victim.
(5) Nothing in this subsection shall preclude a school district from imposing a
suspension or expulsion beyond the date of a parent conference where otherwise appropriate.
Any change of placement of students with qualifying disabilities must comply with applicable
federal laws.
(e) Penalties. -- Any school employee who fails to report an incident as required by subsection
(b) or subsection (c) of this section shall be guilty of a violation and shall be fined not more than
$250 for a 1st offense and not more than $500 for a subsequent offense. Any person with
supervisory authority over the principal or any school board member who exercises any control
of, hinders or delays the lodging of any report required to be made pursuant to this subsection or
the forwarding of such report to the Department of Education or the police shall be guilty of a
class B misdemeanor. Justices of the Peace Courts shall have jurisdiction over violations of this
section.
(f) Immunity from civil liability; review of criminal complaint. -- (1) Any school employee
who in good faith provides information to a police agency, a principal, a superintendent, or to the
Department of Education under subsection (b) or subsection (c) of this section shall not be held
civilly liable for providing such information.
(2) Prior to lodging any criminal charge against a school employee for providing
information pursuant to subsection (b) or subsection (c) of this section to a police agency, a
principal, a superintendent, or to the Department of Education, the Attorney General's office
shall be consulted to determine the appropriateness of the charge.
(3) Any report of an actual or suspected crime made by a school employee or principal
pursuant to subsection (b) of this section shall be exempt from public disclosure pursuant to the
Freedom of Information Act as set forth in Chapter 100 of Title 29.
(g) Confidential list of young student offenders. -- Following the start of each school year, the
Department of Education shall, upon request, provide to the principal of any school a list of the
students enrolled in that school for the coming year who committed offenses during the previous
year which were reported to the Department of Education pursuant to this section. The list shall
remain confidential and shall be used by the principal only for the purpose of identifying
students who may be in need of beneficial programs such as mentoring.
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62 Del. Laws, c. 63, § 1; 62 Del. Laws, c. 409, §§ 1-3; 63 Del. Laws, c. 121, §§ 1, 2; 66 Del.
Laws, c. 188, § 1; 69 Del. Laws, c. 120, §§ 1-3; 70 Del. Laws, c. 58, § 2; 70 Del. Laws, c. 186, §
1; 70 Del. Laws, c. 199, § 1; 70 Del. Laws, c. 312, § 1; 70 Del. Laws, c. 519, §§ 1, 2; 71 Del.
Laws, c. 180, § 173; 71 Del. Laws, c. 218, § 2; 73 Del. Laws, c. 109, §§ 1-6; 77 Del. Laws, c.
468, §§ 1-7.;
Title 14 Chapter 41 §4112D. School Bullying Prevention.
(a) Definition of bullying. -- As used in this section, "bullying" means any intentional written,
electronic, verbal or physical act or actions against another student, school volunteer or school
employee that a reasonable person under the circumstances should know will have the effect of:
(1) Placing a student, school volunteer or school employee in reasonable fear of
substantial harm to his or her emotional or physical well-being or substantial damage to his or
her property.
(2) Creating a hostile, threatening, humiliating or abusive educational environment due
to the pervasiveness or persistence of actions or due to a power differential between the bully and
the target; or
(3) Interfering with a student having a safe school environment that is necessary to
facilitate educational performance, opportunities or benefits; or
(4) Perpetuating bullying by inciting, soliciting or coercing an individual or group to
demean, dehumanize, embarrass or cause emotional, psychological or physical harm to another
student, school volunteer or school employee.
(b) Prohibition of bullying. -(1) Each school district and charter school shall prohibit bullying and reprisal,
retaliation or false accusation against a target, witness or one with reliable information about an
act of bullying.
(2) Each school district and charter school shall establish a policy which, at a minimum,
includes the following components:
a. A statement prohibiting bullying of any person on school property or at school
functions or by use of data or computer software that is accessed through a computer, computer
system, computer network or other electronic technology of a school district or charter school
from kindergarten through grade 12. For purposes of this section, "school property" and "school
functions" have the same definition as in § 4112 of this title.
b. A definition of bullying no less inclusive than that in subsection (a) of this
section.
c. Direction to develop a school-wide bullying prevention program.
d. A requirement that each school establish a site-based committee that is
responsible for coordinating the school's bully prevention program including the design,
approval and monitoring of the program. A majority of the members of the site-based committee
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shall be members of the school professional staff, of which a majority shall be instructional staff.
The committee also shall contain representatives of the administrative staff, support staff, student
body (for school enrolling students in grades 7 through 12), parents and staff from the before- or
after-school program or programs. These representatives shall be chosen by members of each
respective group except that representatives of the nonemployee groups shall be appointed by the
school principal. The committee shall operate on a 1-person, 1-vote principle. In the event a sitebased school discipline committee has been established pursuant to § 1605(7)a. and b. of this
title, that committee shall vote whether or not to accept the aforementioned responsibilities.
e. A requirement that any school employee that has reliable information that
would lead a reasonable person to suspect that a person is a target of bullying shall immediately
report it to the administration.
f. A requirement that each school have a procedure for the administration to
promptly investigate in a timely manner and determine whether bullying has occurred.
g. A requirement that, to the extent that funding is available, each school develop
a plan for a system of supervision in nonclassroom areas. The plan shall provide for the review
and exchange of information regarding nonclassroom areas.
h. An identification of an appropriate range of consequences for bullying.
i. A procedure for a student and parent, guardian or relative caregiver pursuant to
§ 202(f) of this title or legal guardian to provide information on bullying activity. However, this
paragraph does not permit formal disciplinary action solely based on an anonymous report.
j. A requirement that a parent, guardian or relative caregiver pursuant to § 202(f)
of this title or legal guardian of any target of bullying or person who bullies another as defined
herein, be notified.
k. A requirement that all bullying incidents be reported to the Department of
Education within 5 working days pursuant to Department of Education regulations.
l. A statement prohibiting retaliation following a report of bullying.
m. A procedure for communication between school staff members and medical
professionals who are involved in treating students for bullying issues.
n. A requirement that the school bullying prevention program be implemented
throughout the year, and integrated with the school's discipline policies and § 4112 of this title.
(c) Dissemination of policy and accountability. -(1) Each school district and charter school shall adopt the policy consistent with
subsection (b) of this section and submit a copy to the Delaware Department of Education by
January 1, 2008.
(2) The policy shall appear in the student and staff handbook and if no handbook is
available, or it is not practical to reprint new handbooks, a copy of the policy will be distributed
annually to all students, parents, faculty and staff.
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(3) The policy shall be submitted to the Delaware Department of Education by January
1 of each subsequent year. The Department shall review such policy annually for compliance
with state and federal law and regulations promulgated by the Department of Education.
(4) The Delaware Department of Education shall prepare an annual report, which shall
include a summary of reported and substantiated incidences of bullying.
(d) Duties of the Department of Education. -(1) The Delaware Department of Education shall collaborate with the Delaware
Department of Justice to develop a model policy, that may change from time to time, that is
applicable to kindergarten through grade 12, and post this policy on their websites in order to
assist the school districts and charter schools.
(2) Distribution of the Comprehensive School Discipline Improvement Program funds
to a school district and charter school provided in the General Appropriations Act starting in
fiscal year 2009 and thereafter is contingent upon Department of Education approval of the
school district's or charter school's bullying prevention policy.
(3) To the extent that funding is available the State Department of Education will
provide for an award system for schools with exemplary programs based on criteria promulgated
by the Delaware Department of Education.
(e) Immunity. -- A school employee, school volunteer or student is individually immune from
a cause of action for damages arising from reporting bullying in good faith and to the appropriate
person or persons using the procedures specified in the school district and charter school's
bullying prevention policy, but there shall be no such immunity if the act of reporting constituted
gross negligence and/or reckless, wilful or intentional conduct.
(f) Other defenses. -(1) The physical location or time of access of a technology-related incident is not a valid
defense in any disciplinary action by the school district or charter school initiated under this
section provided there is sufficient school nexus.
(2) This section does not apply to any person who uses data or computer software that is
accessed through a computer, computer system, computer network or other electronic technology
when acting within the scope of that person's lawful employment or investigation of a violation
of this section in accordance with school district or charter school policy.
(g) Relationship to school crime reporting law. -- An incident may meet the definition of
bullying and also the definition of a particular crime under state or federal law. Nothing in this
section or in the policies promulgated as a result thereof shall prevent school officials from
fulfilling all of the reporting requirements of § 4112 of this title, or from reporting probable
crimes that occur on school property or at a school function which are not required to be reported
under that section. Nothing in this section shall abrogate the reporting requirements for child
abuse or sexual abuse set forth in Chapter 9 of Title 16, or any other reporting requirement under
state or federal law.
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(h) Rules and regulations. -- Notwithstanding any provision to the contrary, the Delaware
Department of Education may promulgate rules and regulations necessary to implement this
section.
76 Del. Laws, c. 14, § 2.;
Title 14 Chapter 41, § 4123A. School Bullying Prevention & Criminal Youth Gang
Detection Training
(a) Each school district and charter school shall ensure that its public school employees receive
combined training each year totaling 1 hour in the identification and reporting of criminal youth
gang activity pursuant to § 617 of Title 11 and bullying prevention pursuant to § 4112D of this
title. The training materials shall be prepared by the Department of Justice and the Department of
Education in collaboration with law enforcement agencies, the Delaware State Education
Association, the Delaware School Boards Association and the Delaware Association of School
Administrators.
(b) Any in-service training required by this section shall be provided within the contracted
school year as provided in § 1305(e) of this title.
Links to training PPT and Sign-in Sheet:
Bullying Prevention Training PPT
Gang Detection Training PPT
Training Log Template
Title 14 Chapter 41 § 4130. Expulsion of students; re-enrollment; loss of
driver's license.
(a) In any case where a public school student is expelled from a school district or a charter
school, the expelled student shall not be permitted to reenroll in any other school district or
charter school in this State until after the full period of expulsion from the school district or
charter school where the student was expelled shall have expired.
(b) Prior to enrolling any student who attempts to transfer to a school district or charter school
in this State, the superintendent of that school district, or the superintendent's designee, the head
of a charter school or such head's designee shall first contact the last school district or charter
school where the student was last enrolled, if in this State, to determine if that student is under a
current expulsion order in that district or charter school. If it is determined that the student is
under a current expulsion order, that student shall not be permitted to enroll until the expulsion
order has expired as set forth in subsection (a) of this section.
(c) Any student who has been expelled from a public school in this State or in any other state
shall, prior to enrollment in any public school in this State, completely fulfill the terms of that
expulsion.
(d) The provisions of subsections (a), (b) and (c) of this section shall not apply to any case in
which a student is seeking to enroll in the James H. Grove High School or in any alternative
educational or other related program developed to provide educational services to children who
have discipline problems.
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(e)(1) In any case where a person is expelled from a public school, the superintendent of
schools for the school district in which such school is located shall send written notice of such
expulsion to the Division of Motor Vehicles. Such notice shall be sufficient authority for the
Division to suspend, or refuse to renew, any driver's license already issued to such person; or to
refuse to issue a license to anyone reported by a superintendent to have been expelled from
school. Such expelled person shall remain ineligible for the issuance of a new license, or for the
renewal or reinstatement of a present or former license until the Division receives such proof as
it may require that such person is again eligible for a driver's license.
(2) An expelled person whose license has been suspended may have such license
reinstated, or a new license issued, if any of the following requirements are met:
a. The length of the expulsion is complete;
b. Such person is 19 years of age or older; or
c. Two years have elapsed since the date of expulsion.
(3) To have a driver's license reinstated, or to obtain a new license, an expelled student
must meet one of the requirements set forth in paragraph (2) of this subsection; must apply in
person to the Division of Motor Vehicles; and must provide the Division with verification from
the school, or such proof as the Division may require.
(4) Where a person does not have a driver's license because the Division has suspended
or refused to renew a license to such person in accordance with this section, such person may
apply to the Division for a conditional license. The Division shall not issue any conditional
license under this section unless such person's application:
a. Is made upon a form prescribed by the Division, and sworn to by the applicant;
b. Contains a statement setting forth those hardships which would occur if a
conditional license were not granted; and
c. Contains a sworn statement that the applicant shall comply with all conditions
placed upon such conditional license.
69 Del. Laws, c. 214, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 236, §§ 1-5; 71 Del. Laws,
c. 272, §§ 1, 2; 73 Del. Laws, c. 164, §§ 3, 5.;
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HEALTH ISSUES
Overview
The promotion of the health and safety of students is the responsibility of all staff members. The
school should make every effort to assure that all faculty members are familiar with regulations
and expectations related to this aspect of the school program. Regulations can be referenced at
http://regulations.delaware.gov/AdminCode/title14/800/index.shtml#TopOfPage.
Department of Education Contact
Linda C. Wolfe, RN, MEd
Director
Health Services & School Support Services
Teaching and Learning Branch
(302) 735-4060
Requirements and Procedures 1
Health Services
Provisions must be made to assure the health and safety of all students. Health assessments and
interventions can only be made by a nurse with a minimum licensure level of R.N. (registered
nurse). Students, who are new enterers to public schools, shall provide documentation of a
current physical exam in order for school to provide adequate care and supervision. School
nurses should complete the induction cluster offered by the Department of Education within the
first year and a half of their hire date.
Administration of Medications
A registered nurse (R.N.) with Delaware licensure shall be responsible for the administration and
supervision of medication for students. While on a field trip, staff may assist a student with selfadministration of a medication provided that the staff member has received the required DOE
training from an approved R.N. trainer and agrees to follow all regulations established by the
Board of Nursing. [24 Del. C. 1921 (a) (16)].
Immunization Requirements
The following immunizations are required for all students upon entering school:
1) Four or more doses of diphtheria, tetanus, pertussis (DTaP, DTP or other approved vaccine);
diphtheria, tetanus (DT) vaccine; or a combination of these vaccines with some exceptions:
a) A child who received a fourth dose prior to the fourth birthday must have a fifth dose;
b) A child who received the first dose of Td (adult) at or after age seven may meet this
requirement with only three doses of Td (adult).
1
Language under the following headings is taken from Section 800 of the Administrative Code.
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c) A Td (or Tdap (adult)) booster is recommended at age 11 or five years after last dose,
whichever is later.
2) Four doses of oral polio vaccine (OPV) or four doses of inactivated poliovirus (IPV) or a
combination of these vaccines with the following exception. If the third primary dose of
OPV or IPV is administered on or after the fourth birth date, a fourth dose is not required.
3) Two doses of measles, mumps and rubella (MMR) vaccine. The first dose should be
administered on or after the age of 12 months. The second dose should be after the fourth
birthday. Individual or combination vaccines of measles, mumps, and rubella (MMR) can be
used to meet this requirement. Disease histories for measles, mumps, and rubella are not
acceptable unless serologically confirmed.
4) Three doses of Hepatitis B vaccine or two doses of CDC approved vaccine for children ages
11-15 may be used.
5) Varicella vaccine is required beginning in the 2003-04 school year with kindergarten and
adding a grade each subsequent year. Beginning in 2008-09, new enterers into the affected
grade must have 2 doses. The first dose on or after 12 months of age and the second at
kindergarten. A disease history for varicella will be accepted in lieu of vaccination if
provided by healthcare provider.
2011- 2012
2012- 2013
2013- 2014
K, 1, 2, 3, 4, 5, 6, 7, 8
K, 1, 2, 3, 4, 5, 6, 7, 8, 9
K, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10
According to Del. C., Title 14, Section 131, a person in charge of a school shall not permit a
child to enter into school without acceptable evidence of immunization. The parent or legal
guardian shall be notified of this requirement in writing. Within 14 calendar days of the notice,
evidence must be presented that the basic series of immunizations has been initiated or
completed. A child may be admitted conditionally once the schedule of immunizations has been
initiated. If the student fails to complete the series of required immunizations, the parent or
guardian will be notified that the child will be excluded. Medical and religious exemptions are
allowed by law. Conditions for exemption from the immunization requirement are addressed in
Del. C., Title 14, Section 131.
School Health Tuberculosis (TB) Control
All school employees, substitutes, student teachers, contract employees (including bus drivers)
shall provide documentation of a Mantoux tuberculin skin test or show proof of being tested
within the past 12 months during the first 15 working days of employment or school entry. All
new student enterers must provide proof of screening via a Mantoux tuberculin skin test or
results of a TB risk assessment. Volunteers should be screened for tuberculosis using the DOE
Health Questionnaire for Volunteers.
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Reporting Cases of Child Abuse or Neglect
Del. C., Title 16, Chapter 9 requires that suspected cases of child abuse or neglect be reported to
the Division of Family Services (DFS) at 1-800-292-9582. The Department of Education; the
Department of Services for Children, Youth, and Their Families; the nineteen local school
districts; and eighteen charter schools have signed a Memorandum of Agreement outlining the
roles and responsibilities of child abuse reporting.
Screening
Students must receive routine screening, referral and follow-up for vision, hearing, and
postural/gait problems following Department of Education schedule and guidelines.
Documentation
The following are requirements related to health records and information:
• Each student has an individual medical school health record and emergency treatment
card.
• Appropriate documentation is maintained on health care provided.
• Health records are maintained in a confidential manner.
• Screenings are recorded.
• Immunizations records are maintained and reported to Division of Public Health.
• Emergency information is current and easily accessible.
• Each student has a physical exam on file.
• Annual Summary of School Health Services is submitted to the Department of Education
by August 31st of each school year.
Related Information
1) Schools shall ensure that policies regarding immunizations, guardianship and birth
certificates do not create barriers to the school enrollment of homeless children and youth.
Schools shall assist homeless children and youth in meeting these requirements.
2) Delaware schools and school districts are required to have a policy, which prohibits smoking
and the use, dispensing, or selling of tobacco products by students in school buildings, on
school grounds, or on school buses. Regulation 612 addresses the Possession, Use, or
Distribution of Drugs and Alcohol. Regulation 877 addresses the Tobacco Policy.
3) Another resource that outlines the procedures to be used in providing health services in
schools is School Nursing: Technical Assistance Manual (revised 2011). In addition, an
annual School Nurse Orientation course is offered free of charge to all new school nurses.
For more information, contact Linda C. Wolfe at the Department of Education, 735-4060.
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There is a requirement for schools to submit an Annual District Summary of Health Services. If
the nurses use eSchool, then it is compiled for the school. Here is the link to the regulation:
http://regulations.delaware.gov/AdminCode/title14/800/811.shtml#TopOfPage See 5.0 of this
regulation.
For additional information see the following reference documents:
24 Del. C., Chapter 19, Section 1902(b) (6)
School Nursing: Technical Assistance Manual (DOE)
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EDUCATIONAL PROGRAM REQUIREMENTS
1. The school’s educational program, including the curriculum, assessment, and instructional
strategies, must be aligned to the Common Core State Standards and the Delaware Content
Standards. This alignment should be demonstrated through the submission of a scope and
sequence document for each content area and grade level or proficiency level that includes
units of instruction that have been aligned with the state standards. Flexibility in this area
is allowed for students who participate in the Delaware Comprehensive Assessment
System Alternate Assessment. The schools plan for on-going high quality professional
development must be submitted for approval.
2. Schools offering educational programs covering any grade between nine and twelve must
require students to meet the graduation requirements established by the Department of
Education.
3. Technical assistance, including consultations, review of proposed curricula, and
identification of resources, is available to charter schools from the Department of
Education up to the time of submission of the charter application.
Department of Education Contact
Marion Wolak, Director, Curriculum Development
Curriculum and Instructional Improvement Branch
(302) 735-4180
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DRIVER EDUCATION PROGRAM
Overview
In the State of Delaware, any person under the age of eighteen seeking a driver’s license must
complete an approved driver education program. Delaware high schools offer driver education
for students in their sophomore year at no cost to the student.
Department of Education Contact:
Dr. Dean Betts
Education Associate for Driver Education
(302) 857-3320
Email: [email protected]
Requirements and Procedures:
The following requirements and procedures apply to driver education in Delaware:
1) Schools are allocated one funding unit for each 125 tenth graders enrolled.
2) Schools with less than 125 tenth graders enrolled will be allocated one-fifth of a unit
for each 25 tenth graders enrolled.
Funding will only be allocated in one-fifths of a unit or a full unit. Charter schools with less than
25 tenth graders will not receive funding for any partial units. In those instances, students
enrolled in charter schools will be entitled to register in any adult or summer driver education
program offered in a Delaware school district or the Central YMCA of Dover. In these cases,
students will be accepted in each program on a “first come/first served” basis and enrollment is
not guaranteed.
3) Schools may grant a one-fourth credit towards graduation to students successfully
completing the minimum classroom and behind-the-wheel hours in an approved
driver education course.
4) Summer driver education programs are for students who have completed the ninth
grade and are eligible to be 10th graders. Ninth graders are not eligible for free
tuition; however, ninth graders may register for any driver education course as long as
they pay the required state fee.
5) During each year of operation, charter schools enrolling tenth graders are responsible
for notifying the Department of Education by October 1 of the number of tenth
graders enrolled.
6) The Department of Education maintains records of final grades for a period of seven
years.
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7)
New legislation requires all students enrolled in driver education to be passing at
least five credits, two of which must be in areas of math, science, social studies, or
English, in order to receive a blue certificate of completion.
Reference documents:
Del. C., Title 21, Section 2707, License Qualifications
Del. C., Title 14, Chapter 1, Section 122, Rules and Regulations for Summer Driver Education
Del. C., Title 21, Chapter 27, Section 2710, Issuance of Level 1 Learner’s Permit and Class D
Operator’s License to Persons Under Eighteen Years of Age
Del. C., Title 14, Chapter 41, Section 4125, Driver education certification
“A Teacher’s Guide for Driver Education,” State Department of Education, July 2010
Division of Motor Vehicle Driver’s Manual, 2007
Administrative Code of Regulations (2007), Delaware Department of Education, Section 504
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STATE ADMINISTRATIVE
AND
FINANCIAL SYSTEMS
126
Introduction
The purpose of this section of the Delaware Charter School Technical Assistance Manual is to
identify, and provide an overview of the State’s major administrative and financial systems and
employee benefits programs.
As with any progressive organization, the State of Delaware periodically reviews and updates its
administrative and financial systems to ensure it is able to satisfy internal and external processing,
reporting and compliance needs. There are also periodic adjustments in employee benefit
programs to accommodate both the state’s and the employees’ interests. In order to stay abreast of
any changes, charter applicants and operators are encouraged to establish and maintain direct
contact with the individual organizations responsible for the various systems or programs.
A State of Delaware Organization Chart is provided in the State’s Budget and Accounting manual.
It identifies the general departmental structure of the state, but does not delineate to a level which
indicates where all the various state agencies or functions (administrative and financial systems,
etc.) referenced in this section belong. The following breakout will hopefully be helpful in that
regard:
•
Budget Development Planning and Administration, Government Support
Services, Pensions, Benefits and Insurance Administration, and the Human
Resource Management (HRM) sections of the Office of Management and
Budget (OMB) are functions within the Executive Department. HRM is
responsible for Classification, Compensation, Employee & Labor Relations,
Employment Services, EEO/AA and Workforce & Organization Planning.
•
Payroll and Division of Accounting are functions within the Department of
Finance.
•
Purchasing is a function within Government Support Services section of OMB.
Overview
In Delaware, public charter schools (as authorized by the Charter School Act of 1995) are viewed
as state entities. This means that the board of directors of a Delaware charter school assumes
responsibility in ensuring that the fiduciary duties associated with the receipt and disbursement of
public funds and the responsibilities (especially those related to payroll, benefits, and pension)
associated with state employment are faithfully undertaken.
The State of Delaware provides for administrative (human resource, benefits, payroll and pension)
and financial (budget and accounting) needs through central but separate systems/processes. All
public school districts in Delaware operate within the state’s administrative and financial systems.
Full participation in state administrative and financial systems enables a charter school to take part
in established human resource, payroll, accounting, employee benefits, and pension systems
127
without having to develop its own systems. Additionally, being a part of the state retirement
system encourages current certified Delaware teachers to work in Delaware charter schools.
Charter schools follow the same basic operational procedures as the school districts, and the
performance of the school in state administrative and financial systems becomes part of the
evaluation of the school.
In order to help charter schools become aware of, familiar with and understand the state’s systems
and procedures, in-service conferences are scheduled several times each year. These conferences
are introductory in content and should not be considered as in depth training that will enable a
charter school to begin using state systems. Detailed instruction in specific systems will be
required before access to the systems is granted. Appropriate training will be scheduled as the
charter school progresses through the start-up process.
Approved Charter Schools will be asked to develop and submit to the Department of Education
and/or the Office of Management and Budget a plan for accessing the State’s systems.
State Accounting System – First State Financials (FSF)
The State of Delaware operates an integrated financial system known as FSF, the State’s official
system of record. FSF consists of eleven modules; Accounts Payable (AP), Purchasing
(ePro/PO), General Ledger (GL), Commitment Control (KK), Asset Management (AM), Billing
(BI), Accounts Receivable (AR), Contracts (CA), Grants (GM), Cash Management (CM) and
Project Costing (PC). Each transaction goes through the Commitment Control Module which is
where the budget is held and posts to the General Ledger. It is important to know that
transactions are reflected in the KK Module when they are budget checked, not approved.
The diagram below shows the integration between the modules. Please note that PFA (Payroll
Funding Adjustment) is not listed as a module because it is a bolt-on to the system. This bolt-on
is used to correct payroll transactions that have already posted to the General Ledger.
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Each module meets a specific business need. Please refer to Appendix E for training
requirements.
FSF integrates with PHRST. A budget must be set up in FSF in order for the funding
information to be sent and be used in PHRST.
Reconciliation
The Division of Accounting requires a monthly certification be sent to ensure that all
transactions are accounted for and current.
Below are the links to the reconciliation steps and the certification and exception form:
http://extranet.fsf.state.de.us/reconciliation.shtml
http://extranet.fsf.state.de.us/forms.shtml
GAAP Packages
The Division of Accounting requires a GAAP Package from each Charter School on an annual
basis. The GAAP Packages are used to capture data for the State’s Comprehensive Annual
Financial Reports (CAFR).
http://accounting.delaware.gov/manuals.shtml
SuperCard Program
As stated in the Budget and Accounting Manual (Chapter 12 http://www.budget.delaware.gov/accounting-manual/chapter12v51.pdf ), agencies may enroll in
129
the SuperCard Program by contacting the State SuperCard Administrator in DOA. The program
allows one card to be used for procurement and/or travel purchases.
Only state employees are eligible for participation in the SuperCard program. State employees are
defined as individuals who receive a paycheck through the PHRST system, and who are paid directly
by state agencies.
Reporting
Numerous reports are available in FSF. Some reports are available for the end users to run and
some are posted to Document Direct. Access to reports is determined by which roles the end
users are assigned in the system. The New Castle County Data Center is also sent a nightly file
from FSF to produce reports specific to school district needs.
The PHRST System
The State of Delaware operates an integrated system known as PHRST (pronounced FIRST) to
support its Human Resources, Benefits Administration, Payroll, and Time and Labor
requirements. PHRST (Payroll/Human Resource Statewide Technology) consists of four
modules, Human Resources, Benefits Administration, Payroll, and Time and Labor. This is a
Human Resource (HR) driven system where information entered in HR flows to the other three
modules.
PHRST operates in conjunction with FSF, the state’s accounting system. Data is required from
Human Resources to produce the proper benefit plan selections for the employee. In turn, the
benefit plan selections entered into the PHRST system are utilized by Payroll to produce an
accurate paycheck with accurate benefit deductions. In addition to functions related directly to
payroll, the human resource module contains personal data for all employees, including proof of
identity and employment eligibility, authorized and actual full time equivalents (FTEs), position
information, and information related to employee certifications. Information from the HR
module is interfaced to OMB’s Pension Office, the Deferred Compensation Administrator at the
State Treasurer’s Office, the Social Security Administration, the Department of Labor and
various other state agencies.
The employee pay period is bi-weekly. Teachers on ten-month contracts may opt to be paid over
26-pays. All new hires after January 1, 1996 are required to enroll in the direct deposit plan. The
payroll module of PHRST processes payroll deductions for a variety of uses including employee
taxes, life insurance, garnishments, supplemental and other benefits.
Once established as a user of state systems, charter schools will enter FTE, position, and
employee information, enroll employees in the appropriate benefit programs, and generate
employee paychecks using the PHRST system. This online system has a number of required
procedures and timelines. Staff (see contact list) from PHRST (see Agency Contacts) will assist
new charter schools to become familiar with the current procedures and will assist charter
schools with enrolling in PHRST training.
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Accessing State Systems
Information Security
Due to the sensitivity and to insure the integrity of the financial, human resources, and
operational information available in a wide array of data systems and databases, access is
restricted to specific organizations and to specified individuals within each organization.
To access state systems, a charter school must identify the individual(s) at the school who will be
responsible for the security of the information accessed. Each school must have a designated
Information Security Officer (ISO), who is the individual authorized by the charter school’s
board of directors to be responsible for overseeing the security of the information available to the
school through state systems. Prior to the school hiring its administrative head, new charter
schools may have a member of the board of directors or an interim representative serve as the
ISO.
Once regular administrative staff is hired, the school may change its ISO to the school’s
administrative head or another individual designated by the board of directors to serve as the
ISO. An Information Security Officer Designation Form must be obtained from DTI, completed
by the school, signed by a board member or interim board representative and submitted to DTI.
The form can be found at the bottom of the page on the DTI website:
http://k12extranet.dti.delaware.gov/dtie_forms.shtml . Once the completed form is mailed to the
address indicated, it will be processed by DTI Security Team. Upon attending the mandatory
ISO Training Class, the individuals identified as the ISOs may start approving access for their
employees/users.
Access to state systems require that each system user have a specific identification code or
“logon ID” or “User ID”, depending on the application. The ISO is responsible for completing
forms to establish, change, or delete logon IDs. Nearly all security requests forms are to be
accessed via the DTI Service Center Application, to which access will be granted upon
completing the ISO Training Class. These forms are:
For FSF
1. S1001 (Authorized Data Steward Signatures). This form is used to
designate/authorize Data Stewards for FSF. The S1001 is available via the First State
Financials Extranet. The completed form must be returned to the ERP Security
Administrator, 736-7911.
2. FSF-100A (FSF Security Authorization Form). This form designates what type of
FSF access the end user is requesting. The FSF-100A is available via the First State
Financials Extranet. The completed form must be returned to the ERP Security
Administrator, 736-7911.
3. Signature Designee for Approving Transactions (Business Manager Form). This
form is used to designate employees as individuals authorized to act as Business
Managers in FSF. This form is available via the First State Financials Extranet. The
completed form must be returned to the ERP Security Administrator, 736-7911.
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4. FSF-100DD (Security Authorization for Document Direct). Allows the user access to
section-only reports on Document Direct. The FSF-100DD is available via the First
State Financials Extranet. The completed form must be returned to the ERP Security
Administrator, 736-7911.
5. TR001 (FSF Training Registration Form). This form schedules the end user for FSF
Training. The TR001 is available via the First State Financials Extranet. The
completed form must be returned to Training, 739-1755.
For PHRST
1. ISF-25 (Logon ID Request for Use of DTI Client Server Environment). Allows the user
access to the PHRST Server. The ISF-25 is available via DTI Service Center
Application.
2. PHRST 100A (PHRST Security Authorization Form). This form designates what type of
PHRST access the end user is requesting. The form is available from PHRST Security.
The completed form must be returned to the PHRST Security Administrator, 739-2260.
3. The PHRST Training Registration Form schedules the end user for PHRST training. This
form may be obtained from PHRST (739-2260). It should be returned to PHRST.
PHRST End-User System Access
• The Information Security Officer Designation Form must be completed and returned
to DTI.
• The Training Registration Form must be filled out, signed by the end user’s
supervisor and the school ISO, and then faxed to PHRST at 739-2269 for approval.
• The ISO must submit the completed PHRST 100A form to the PHRST Security
Administrator. The form may be faxed to 739-2269 or mailed to the PHRST
Security Administrator. If faxing the form, the original must also be mailed.
• The ISO must submit the ISF-25 Form via DTI Service Center.
• When verification is received that these forms have been submitted the end-user is
permitted to attend PHRST training.
• Upon completion of PHRST training, the PHRST Security Administrator grants
access to the system according to the request made on the PHRST 100A form.
• If for whatever reason the end user no longer requires PHRST access, the ISO must
re-submit the PHRST 100A form to the PHRST Security Administrator requesting
deletion as soon as the expected deletion date is known. All pertinent security forms
(ISF-20, ISF-30, ISF-25/ISF-35, SSL-VPN, PHRST) must be submitted via DTI
Service Center or via paper form (as applicable) in order to promptly remove all
access the user used to have.
It is essential that at least one person, and a back-up, be identified to have access to all four
modules of PHRST.
132
FSF End User System Access **
•
•
•
•
•
•
•
The Information Security Officer Designation Form must be completed and returned to
DTI.
The Authorized Data Steward Signatures Form must be completed and returned to the
ERP Security Administrator.
The Data Steward must submit the completed FSF Security Authorization Form to the
ERP Security Administrator.
When the FSF Security Authorization Form is received and processed, the end user will
be notified of required training.
The Training Registration Form must be filled out, signed by the end user’s supervisor
and then faxed to the Training Team at 739-1755 for approval.
Upon completion of FSF training, the ERP Security Administrator grants access to the
system according to the request made on the FSF 100A form.
If for whatever reason the end user no longer requires FSF access, the organization must
re-submit the FSF 100A form to the ERP Security Administrator requesting deletion as
soon as the expected deletion date is known.
**It is essential that at least one person, and a back-up, be identified as the Charter School’s Data
Steward and Business Manager.
For Access Security Information, contact:
DTI Security Questions
First State Financials
(FSF)
DTI Security Office
Information Security Officers
Coordinator
Department of Technology and
Information
William Penn Building
801 Silver Lake Blvd.
Dover, DE 19904
800 Silver Lake Blvd., Ste
100
Dover, DE 19904
(302) 739-9844
(302) 526-5600
PHRST Security
Questions
Frank Soriano
PHRST Security
Administrator
PHRST
Blue Hen Corporate
Center, Suite 5N
640 S. Bay Road
Dover, DE 19904
(302) 739-8066
Additional Contacts
PHRST Questions
Sherry Miller
PHRST Training Administrator
820 Silver Lake Blvd.
Suite 200
Dover, DE 19904
(302) 739-2260
First State Financials (FSF)
800 Silver Lake Blvd.
Suite 100
Dover, DE 19904
302-526-5600
[email protected]
133
PHRST End User Help Desk
(302) 739-8066
This help desk is for PHRST system users only.
DTI Service Desk (24/7/365)
(302) 739-9560
For any technical issues.
134
Charter Technology Network and Phone Connectivity
Randy Reynolds
DTI Customer Relationship Specialist for Education
[email protected] or (302) 739-9621
DTI Policies- http://k12extranet.dti.state.de.us/
• K12 Wiring Standards- http://dti.delaware.gov/pdfs/pp/CablingAndWiringStandardK12.pdf
• Wireless Standardshttp://dti.delaware.gov/pdfs/pp/Wireless80211ArchitectureStandard.pdf
• Strong Password Standard- http://dti.delaware.gov/pdfs/pp/StrongPasswordStandard.pdf
Connectivity to State Systems
School offices typically use computers for word processing, financial transactions, record
keeping, connection to the Delaware Education Network, DCAS testing and connection to State
Financial systems, such as PHRST and other statewide computer applications.
The state has been paying for the installation of a high-speed communication line to each public
school in Delaware, including Charter Schools. This line allows access to the state’s systems
and the Internet. The Department of Education currently pays for initial installation including a
router as well as any associated hardware and line charges for the first year of service. DTI will
request funding for the annual year line charges subsequent to the first year. As soon as a Charter
school has secured school facilities and has received final approval from DOE, they should
contact the DTI Customer Service Specialist (Randy Reynolds) regarding the ordering of the
data connection and phone connections. Randy will verify the approval with DOE and then will
assist with placing the order with Verizon.
Newly approved Charter Schools that have not secured school facilities ready for use may use
the following methods to access state systems:
1) Through the Internet;
2) Through a contractual arrangement with another entity already connected to state
systems, such as another charter school or public school district; and/or,
3) Through special arrangements with specific state agencies.
Newly approved Charter Schools can also get detailed information on various methods of access
and the hardware and software requirements for each method by contacting the Customer
Relationship Specialist (Education) at DTI (Randy Reynolds).
DTI Expectations for Charter Schools
There is the expectation that the Head of the Charter School will keep DTI updated with contact
information for the current technical representative/liaison and inform DTI of any technical
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staffing changes. All requests for technical services must come from employees of the Charter
School and the Charter School SSL-VPN Technical Approver shall ensure all access is correct
and current. Support vendors may not make requests on behalf of the Charter School and any
request made from supporting vendors will be referred to the Head of the Charter School.
Specific State standards and policies, such as the State Wireless Standard are required to protect
the integrity of School and State data and are therefore mandatory. Charter Schools are
required to comply with all other State IT Standards and Policies where applicable.
Troubleshooting- It is required that the school arrange for technology support for its computers,
servers and network. DTI responsibilities end at the Router and it is up to the school to manage
their internal network. If a Charter school wires their facility to State Standards and purchases the
recommended switches, DTI will take over management of the local LAN in a Charter school. If
a technical problem occurs and it is determined that the issue is not a local one by the School
technician, a school representative may call the DTI service Desk and start a trouble ticket at
(302) 739-9560. If a school does not have an employee with experience to manage their network
and computers, vendors on the State network Services may be contracted with to provide this
support. These vendors have been vetted by DTI and use negotiated hourly rates.
http://gss.omb.delaware.gov/contracting/contracts/394.shtml
Network Connectivity
DTI is responsible for the standards for internal telecommunications wiring of all public schools.
As a condition of using the network, there is the expectation that the State K12 Wiring standards
shall be followed. Wiring standards are available by contacting DTI Customer Service Specialist
(Randy Reynolds) and on the DTI website at
http://dti.delaware.gov/pdfs/pp/CablingAndWiringStandard-K12.pdf
DTI manages and supports the wide area network connection including the telecommunications
circuit, border router and core equipment. The border router shall be housed in a secured, clean
and environmentally managed telecommunications room/closet provided by the Charter School.
With the exception of the router and wide area network connection, The Charter School is
responsible for providing maintenance support and security for their school technology. The
Charter School may contract with DTI to provide management of their local network. Further, if
funding is available, the State will include system life cycle replacements for schools that meet
State standards. If network problems or potential system threats arise from mismanagement, virus
outbreaks, or other vulnerabilities, DTI reserves the right to disconnect the Charter School from
the K12 network until the issues are managed. DTI also provides Anti-Virus licenses for all
Charter School computers. As a condition of network use, the Charter Schools are required to
implement and maintain current Anti-Virus software on all computers. These licenses also cover
home computers used by Charter employees. A second condition of network usage is the
requirement that all employees sign and understand the State Acceptable Use Policy (AUP) found
here: http://dti.delaware.gov/pdfs/pp/AcceptableUsePolicy.pdf. Once this is accomplished, the
Charter School is required to provide a letter to DTI (Randy Reynolds) stating that all of their staff
have read, signed and understand the AUP.
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•
•
Network Switches- Currently the K12 switch standard is Cisco. Reach out to Eric Austin
[email protected] or (302) 739-9805 for models and pricing.
Antivirus Software- Eric Austin is also the contact for Anti-Virus software.
Web Site Hosting
DTI provides a static hosting environment that schools may use. If a school wishes to utilize this
resource, they may call the DTI service Desk and put in a request to have a site created for their
school.
Phone Connectivity
DTI provides assistance with scaling phone systems and facilitating the ordering of phone
service with Verizon. If a Charter School orders their phone service through DTI, DTI will
complete the e-rate reimbursement application with the Charter School. Additional information
may be obtained by contacting Kay Buck, the team lead for the DTI Phone group at
[email protected] or (302) 739-9649.
E-Mail Service
DTI currently provides a mail program for all K12 schools use. Schools that wish to use this
mail should contact Jim Herron at [email protected] or (302) 739-9657. Jim will set up the
administrator and it is the responsibility of the School to set up the teacher accounts and purge
them when a staff member is no longer employed by the school. These accounts are for Staff
only and may not be given to students. Each account must have a specific individual associated
with it.
Information Security Officer Designation and Responsibilities
To access State systems, a Charter School must identify the individual(s) at the school who will
be responsible for the security of the information accessed. Each school must have a designated
Information Security Officer (ISO), who is the individual authorized by the Charter School’s
board of directors to be responsible for overseeing the security of the information available to the
school through State systems. Additionally, there may be up to 2 Alternate ISOs to serve as a
backup. Prior to the school hiring its administrative head, new Charter Schools may have a
member of the board of directors or an interim representative serve as the ISO. Any questions
regarding the ISO position or ISO training can be directed to the DTI Security Office at (302)
739-9844.
Once regular administrative staff is hired, the school may change its ISO to the school’s
administrative head or another individual designated by the board of directors to serve as the
ISO. An Information Security Officer Designation Form must be obtained from DTI, completed
by the school, signed by a board member or interim board representative and submitted to DTI.
The form can be found at the bottom of the page on the DTI website:
http://k12extranet.dti.delaware.gov/dtie_forms.shtml.
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Once the completed form is mailed to the address indicated, it will be processed by DTI Security
Team. Upon attending the mandatory ISO Training Class, the individuals identified as the ISOs
may start approving access for their employees/users.
Access to State systems requires that each system user have a specific identification code or
“Logon ID” or “User ID”, depending on the application. The ISO is responsible for completing
forms to establish, change, or delete logon IDs. Nearly all security request forms are to be
accessed via the DTI Service Center Application, to which access will be granted upon
completing the ISO Training Class.
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Preparation for Network and Phone Connectivity
Who
What
When
Charter
School
Contact DTI Customer Relationship Specialist
regarding need for connectivity (Phone and
Data)
As soon as the Charter School
is approved and facilities are
secured
Charter
School
Send DTI:
1) Physical address of new charter school
2) Phone number either at site or next door to
site
3) Name and contact information of technical
contact for Charter School
Once facility is secured
DTI
DTI will contact Verizon and place order for
the data circuit
Once information on site is
received and DOE approval is
given
DTI
DTI will arrange meeting with technical
contact/representative of school and the DTI
Phone group to discuss phone options
Once information on site is
received
DTI
DTI phone group will place the order for the
phone circuits
Once the phone needs for the
Charter School are established
DTI
DTI will arrange on site meeting with technical
contact, DTI representatives and Verizon
Engineer to evaluate the site blueprints or
renovation plans to establish what work will
need to be done to establish the connection
between the Verizon demarcation point and the
School network room.
The technical contact or representative of the
school will provide access for Verizon to install
the needed connectivity.
The technical contact or representative of the
school will provide access for DTI technicians
to install the router for the data line
Early on in the
construction/renovation phase
of the site
The Charter School will purchase and set up the
necessary network switches for the school
network
Once DTI installs the router
Charter
School
Charter
School
Charter
School
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Once the Verizon make ready
work is completed
Once Verizon turns the circuit
up
Technical Checklist
The below Checklist can be used to facilitate the planning and organization of requests to
obtaining technical services and assistance from DTI.
Technical Checklist
Service Request
Information Security
Officer (ISO) designated
(DTI Security office)
Network Connectivity
requested (Randy
Reynolds)
Phone Service requested
(Kay Buck)
E-Mail requested (Jim
Herron)
Web Site requested (DTI
Service Desk)
Antivirus software
downloaded and installed
(Eric Austin)
SSL-VPN Access to state
resources requested (this
request is made to the
resource agency’s IRM)
Acceptable Use Policy
(AUP) signed by
Employees
AUP letter sent to DTI
(attn: Randy Reynolds)
Date
Status/Contact
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Auditing Charter Schools
The charter school is responsible for contracting audits of all financial transactions for their
school out to an independent certified public accounting (CPA) firm. The school must have their
financial statements audited each year. The draft audit should be completed by September 30th
and the final audit should be completed by November 1st of each year. Copies of the audits
should be submitted to the Department of Education, the Department of Finance, the Office of
Management and Budget and the Office of the Auditor of Accounts.
Audits shall be sufficiently comprehensive to ensure that: 1) transactions are executed in
accordance with appropriate laws, rules, and regulations; 2) reasonable efforts have been made to
collect all moneys; 3) all moneys collected or received by any employee or official have been
deposited in a timely manner; and 4) all expenditures have been properly executed for the
purposes contemplated in the funding acts or other pertinent regulations.
The results of the examination will be reported to the Department of Education and the charter
school. The report shall include: 1) an independent auditor’s report on the fair presentation of all
financial statements; 2) an independent auditor’s report on compliance and on internal control
over financial reporting; 3) all financial statements with accompanying notes; 4) reportable
findings and recommendations; and, 5) auditee’s comments and corrective action plan(s). A
management letter will be used to address issues that need to be reported to the Department of
Education and charter school but were determined not to be a reportable condition or a material
noncompliance issue.
Questions concerning the audit process should be referred to the Office of Auditor of Accounts
(see Agency Contacts).
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State Employees’ Pension Plan
The Office of Pensions is responsible for administering the Delaware State Employees’ Pension
Plan (established by Del. C., Title 29, Chapter 55).
Under the Delaware State Employees’ Pension Plan, a charter school employee is considered
pension covered if that individual is employed in either a full-time or regular part-time position.
Full-time positions require at least 130 hours per month for at least nine months during a period
of twelve consecutive months. Regular part-time positions are defined as either:
a) Employment in a position requiring at least 50 hours per month for at least nine months
during a period of twelve consecutive months; or,
b) Employment in a position where the rate of pay is at least $200 per month for at least nine
months during a period of twelve consecutive months.
Employment of Teachers from Delaware School Districts
In the first year a charter school is open, state law [Del. C., Title 14, Section 507(d)] allows
teachers employed by any public school district in the State of Delaware to request up to a oneyear leave of absence to teach in the charter school. If the charter school has elected to
participate in the state retirement system and if the teacher is employed in a full-time or regular
part-time position in the charter school, the teacher will continue to earn pension credit in the
Delaware State Retirement System during the period of employment at the charter school. If the
charter school has elected not to participate in the Delaware State Employees’ Pension Plan, the
teacher will not earn credit while employed at the charter school.
Employment of Retired Delaware State Employees
A Delaware state retiree may work in a charter school in Delaware. However, if the charter
school has elected to participate in the state retirement system, the retiree must either be
employed in a non-pension covered position or clarify that pension benefits for the retired
Delaware state employee is suspended while employed in the pension covered position.
Delaware state retirees employed in non-pension covered positions are still subject to the
earnings limit set forth by the Social Security Administration when collecting Social Security
Benefits.
Calculation of Pension Contributions
All compensation earned by a member of the Delaware State Employees’ Pension Plan is subject
to employer pension contributions at the current percentage rate, which is established by the
Board of Pension Trustees. The rate is adjusted on July 1 of each year and is based on the most
recent actuarial valuation.
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Necessary Documentation
At the time of charter approval, the board of directors of a public charter school should have
declared its intention regarding participation in the Delaware State Employees’ Pension Plan and
should have made initial contact with the State Pension Office to begin planning for coverage of
employees prior to hiring the first full-time or regular part-time employee.
Documents related to pensions that are necessary during the employment of a charter school
employee include:
•
•
•
•
Verification of the date of hire
Verification of position and rate of pay
Verification of the date of termination
Documentation on any breaks in service
Leaves without pay
Worker’s compensation
For further information on the Delaware State Employees’ Pension Plan, contact the Pension
Administrator in the Office of Pensions (see Agency Contacts).
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State of Delaware
Executive Department
Office of Management and Budget
Statewide Benefits Office
Statewide Benefits
The Statewide Benefits Office is responsible for implementing and administering benefit
programs authorized by the State Employee Benefits Committee in accordance with 29 Del.C.
Chapter 52. Current benefit programs include: health, prescription, health management program,
employee assistance program (EAP), dental, vision, Blood Bank, Group Universal Life (GUL)
Insurance, disability insurance and associated Return to Work (RTW) Program, Flexible
Spending Accounts (FSA) for Health and Dependent Care and a Pre-Tax Commuter Benefit
Program. The Statewide Benefits Office follows the State’s procurement laws, 29 Del.C.
Chapter 69, to enter into contractual relationships with providers for these benefit programs as
listed above.
Each charter school within the State’s program is assigned a group number for identification
purposes. It is the responsibility of each charter school to share information with its employees
regarding each benefit program; maintain accurate data in the State’s payroll system, PHRST;
participate in training opportunities provided by PHRST and Statewide Benefits Office; interact
with Statewide Benefits Office staff in providing requested information and maintenance of
employee records; and maintain accurate health files for each employee for auditing purposes.
The Statewide Benefits Office maintains announcements and policies as well as information on
each benefit program and open enrollment on its website at http://ben.omb.delaware.gov/.
Charter School staff with the assigned responsibility of acting as a “Benefit Representative”
should become familiar with the information located on the website and contact the Statewide
Benefits Office, at (302) 739-8331 or 1-800-489-8933, to request assistance with their benefit
questions. Benefit Representatives should contact the Statewide Benefits Office to provide their
contact information to be included on routine e-mails and to receive updates, news, and
announcements. In addition, Charter School benefit representatives are encouraged to visit the
Secure Benefit Representative website at http://ben.omb.delaware.gov/benrep.asp. This website
was designed specifically for Benefit Representatives. The site contains important information,
forms and updates concerning employee benefit programs administered by the Statewide
Benefits Office and as such, provides the Benefit Representative with the resources to perform
their job duties. A username and password is required to access the Secure Benefit
Representative website. Requests for a username and password should be emailed directly to
Dianna Stotler at the Statewide Benefits Office at [email protected].
All charter schools are required to follow the Eligibility and Enrollment Rules governing State’s
health, dental, and vision programs and must provide each benefit eligible employee the
opportunity to enroll, upon eligibility, in each State sponsored benefit program. Employees may
enroll in a benefit program upon becoming eligible or during the annual open enrollment period.
Failure to enroll when eligible will require enrollment at the following open enrollment period.
Changes throughout the year may occur if the employee has experienced a “qualifying event”
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such as marriage, divorce, birth or adoption of a child provided the employee makes the request
within 30-days of the event otherwise the change can be made during the following open
enrollment. Further information is provided in the Eligibility and Enrollment Rules available at
http://ben.omb.delaware.gov/ under the Documentation section located on the right side of the
Statewide Benefits Office website’s home page.
Benefit Representatives should direct employees to review information on the Statewide Benefits
Office’s website on a routine basis. If an employee has a question or concern about how a
specific claim was processed by a program’s provider, he/she should refer to the identification
card provided upon enrollment and call the customer services number, if the question is not
resolved then the employee should contact the Statewide Benefits Office for further assistance.
The Statewide Benefits Office has a program coordinator for each benefit program, accounting
and reconciliation staff, and customer service staff available to assist.
Health Insurance
Health care coverage is available to permanent full-time, permanent part-time and limited term
employees as well as elected and appointed State officials. The employee pays the entire
premium and is eligible to enroll in a health plan on the first of the month following their date of
hire or becoming benefits eligible. On the first of the month following three months of
continuous employment, full-time employees are eligible for State share where the State and the
full-time employee share in the cost of the premium. Levels of coverage include employee only,
employee and spouse, employee and child/ren, and family.
Health plans available are; Comprehensive Participating Provider Organization (CompPPO), Health Maintenance Organization (HMO), First State Basic, and Consumer
Directed Health (CDH) Gold.
Currently there are two providers of health care plans. Aetna provides a HMO and a
CDH Gold plan; Blue Cross Blue Shield of Delaware (BCBSD) provides a Comp-PPO,
HMO, First State Basic, and a CDH Gold plan.
Please note that enrollment in any health care plan automatically enrolls employees, and their
enrolled dependents, in the prescription plan, health management program and employee
assistance program at no additional cost. Information on each of these programs follows.
Prescription Drug Coverage
Employees enrolled in any State of Delaware health care plan automatically have prescription
drug coverage, provided by Medco Health Solutions, Inc. (Medco). Employees will receive a
Welcome Kit at their home address. The Welcome Kit contains important information,
including Identification Cards which must be used when having a prescription filled at a local
retail pharmacy. Employees may fill prescriptions for up to a 90-day supply of medication at
any 90-day participating retail pharmacy or through Medco’s mail service, Medco by Mail.
Retail pharmacies that are not 90-day participating pharmacies may fill prescriptions for only up
to a 60 day supply of medication. Employees may obtain more information about the
prescription plan by visiting http://ben.omb.delaware.gov/script/index.shtml or Medco’s
website at www.medco.com. If employees have additional questions, they may also contact
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Medco’s Member Services at 1-800-939-2142 (available 24 hours a day, seven days a week,
except Thanksgiving and Christmas Day) or the Statewide Benefits Office at (302) 739-8331 or
1-800-489-8933.
DelaWELL Health Management Program
•
•
•
The State of Delaware DelaWELL Health Management Program offers Condition Care
and Wellness programs as part of the State’s Group Health Insurance Program.
Members enrolled in any health care plan, are automatically enrolled in the DelaWELL
programs managed by Alere.
Members can call the toll free Nurese24 number at 1-866-674-9103. Nurse24 provides
members with direct access to a registered nurse to answer health-related questions 24
hours a day, 7 days a week and 365 days a year.
To set up a personal profile, start earning the incentive and learn about free health programs,
members can visit the Alere Health Portal at https://delawell.alerehealth.com
Employee Assistant Program (EAP)
The State of Delaware Employee Assistance Program (EAP) is administered by Health
Management Services, Inc. (HMS). This service is available to employees, pensioners and their
covered dependents who are participants in a non-Medicare health insurance plan. A
professional counselor is available to provide confidential service 24 hours a day, every day of
the year at 1-800-343-2186.
Dental Insurance
Dental insurance is available to permanent full-time, permanent part-time and limited term
employees as well as elected and appointed State officials. The employee pays the entire
premium and is eligible to enroll in a dental plan either (1) the first of the month following their
date of hire or becoming benefits eligible, or (2) the first of the month following three months of
continuous employment.
Once a year, an open enrollment period is held to allow employees to begin, waive or change
their dental insurance coverage. Changes in family status during the year allow an employee to
make changes in their dental coverage other than during the open enrollment period. For
example, when they experience a “qualifying event”, one can change the level of coverage and
dental plan. Qualifying events include but are not limited to birth of a child, marriage, or
divorce. Employees must request an enrollment change within 30-days of the qualifying
event.
Dental elections are “binding elections” which means employees may not drop coverage until the
next open enrollment period. Terminations in dental coverage can only be made during the
annual Open Enrollment period, except that a regular employee or eligible pensioner may elect
to drop dental coverage for one or more dependents within the plan year due to same
circumstances as noted in Section 4.07(e) of the Eligibility and Enrollment rules.
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The Eligibility and Enrollment Rules may be viewed at http://ben.omb.delaware.gov/ under the
Documentation section located on the right side of the Statewide Benefits Office website’s home
page.
Currently, the State has a contract with Dominion Dental Services, Inc. and Delta Dental to
provide dental insurance. The participating Charter School is responsible for distributing
information brochures to the Charter School employees for the insurance carriers and answering
questions that employees may have regarding the coverage provided. The Benefit
Representative at the Charter School must enter the elected benefit plans into the PHRST system
and reconcile necessary payroll deductions to ensure the proper premiums have been paid for the
type of coverage requested. Dental enrollment information is transmitted electronically from
PHRST to the dental carriers every week.
Vision Insurance
Vision insurance is available to permanent full-time, permanent part-time and limited term
employees as well as elected and appointed State officials. The employee pays the entire
premium and is eligible to enroll in the vision care plan either (1) the first of the month following
their date of hire or becoming benefits eligible, or (2) the first of the month following three
months of continuous employment.
Once a year, an open enrollment period is held to allow employees to begin, waive or change
their vision insurance coverage. Changes in family status during the year allow an employee to
make changes in their vision coverage other than during the open enrollment period. For
example when they experience a “qualifying event”, one can change the level of coverage.
Qualifying events include but are not limited to birth of a child, marriage, or divorce. Employees
must request an enrollment change within 30-days of the qualifying event.
Vision elections are “binding elections” which means employees may not drop coverage during
the plan year. Requests to terminate vision coverage can only be made during the annual Open
Enrollment period, usually held in May each year; except that a regular employee or eligible
pensioner may elect to drop vision coverage for one or more dependents within the plan year due
to same circumstances as noted in Section 4.07(e) of the Eligibility and Enrollment rules. The
Eligibility and Enrollment Rules may be viewed at http://ben.omb.delaware.gov/ under the
Documentation section located on the right side of the Statewide Benefits Office website’s home
page.
Currently, the State has a contract with EyeMed Vision Care to provide vision insurance. The
participating Charter School is responsible for distributing information brochures to the Charter
School employees for the vision insurance carrier and answering questions that employees may
have regarding the coverage provided. The Benefit Representative at the Charter School must
enter the vision election into the PHRST system and reconcile necessary payroll deductions to
ensure the proper premiums have been paid for the level of coverage requested. Vision
enrollment information is transmitted electronically from PHRST to the vision carrier every
week.
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COBRA
The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives workers and their
families who lose their health benefits the right to choose to continue group health benefits
provided by their group health plan for limited periods of time under certain circumstances such
as voluntary or involuntary job loss, reduction in the hours worked, transition between jobs,
death, divorce, and other life events. Qualified individuals may be required to pay the entire
premium for coverage up to 102 percent of the cost to the plan.
COBRA generally requires that group health plans sponsored by employers with 20 or more
employees in the prior year offer employees and their families the opportunity for a temporary
extension of health coverage (called continuation coverage) in certain instances where coverage
under the plan would otherwise end.
As a large employer, the State of Delaware must comply with COBRA regulations. Ceridian is
the third party administrator for COBRA. Benefit Representatives are responsible for gaining
access to Ceridian’s online system to enter the correct information for employees to receive new
hire notices upon enrolling in health plans and the proper election notices due to loss of coverage
for qualifying events. Contact the Statewide Benefits Office to receive information on how to
gain access.
Blood Bank of Delmarva
The program is available to all State employees. The State will pay the $5 annual dues for all
permanent full-time employees. Permanent part-time and casual/seasonal employees must pay
the $5 annual fee, which is taken via a pre-tax payroll deduction on the first pay of the calendar
year or the first pay after enrollment in the Blood Bank. The Charter School is responsible for
providing the employee with the Blood Bank application. The employee will complete the
application and return it to the Charter School’s Human Resources Office where the employee's
election for Blood Bank will be entered into PHRST. The employee’s Blood Bank application
form must then to be forwarded directly to the Blood Bank. The Statewide Benefits, Accounting
Unit receives a quarterly report from the Blood Bank for reconciliation purposes.
Group Life and Accidental Death & Dismemberment
The Group Universal Life (GUL) and Accidental Death & Dismemberment (AD&D) Insurance
program underwritten by Minnesota Life, is available to permanent full-time, permanent parttime and limited term employees as well as elected and appointed State officials. Employees pay
the entire premium for life and AD&D insurance. The premium is based on the age of the
employee and the amount of coverage requested. During the employee’s initial eligibility period
(date of hire to 1st of the month following three months of continuous employment), coverage
may be elected for one, two, or three times the employee’s annual base salary up to maximum of
$200,000 without providing evidence of good health. Employees may also elect four, five or six
times their annual base salary up to a maximum of $350,000 with evidence of good health.
Employees may also choose spouse only, spouse plus child (ren), or children only dependent life
coverage. Coverage for all dependents (spouse and child (ren)) is Term Life coverage rather than
Group Universal Life coverage. AD&D coverage is automatically provided to all employees
enrolled in the GUL and AD&D program.
148
There is no open enrollment period for this program. Eligible State of Delaware employees can
apply for enrollment anytime after their initial eligibility period by providing evidence of good
health or change their current elections by contacting Minnesota Life’s customer service
department by telephone or by email.
When an employee experiences a qualifying event (marriage, birth or adoption of a child),
application for an enrollment change must be received by Minnesota Life within 31 days of the
qualifying event.
The State has contracted with Minnesota Life Insurance to administer the life and AD&D
insurance program. Eligibility information is provided to Minnesota Life via an electronic
interface on a bi-weekly basis. For this reason, timely data entry into the PHRST system is
crucial. As soon as the employee’s eligibility information is received by Minnesota Life, an
enrollment packet is mailed to the employee’s home address on file in PHRST.
The enrollment packet includes a detailed description of the GUL and AD&D program, online
enrollment instructions (including password and User ID information), a paper application (for
use by employees without internet access) along with a self-addressed stamped envelope.
Employees must respond by either logging onto Minnesota Life’s website at
www.lifebenefits.com or by completing the paper enrollment application and returning it directly
to Minnesota Life. Employees who do not specifically enroll in the plan will not have life and
AD&D insurance. Employees who are enrolled in the life insurance plan are identified on a
payroll deduction file sent electronically to PHRST by Minnesota Life. Minnesota Life, rather
than the State of Delaware, maintains all enrollment records for this program. Employees who
have questions concerning the benefit and the enrollment process should be referred to
Minnesota Life.
Disability Insurance Program (DIP)
The Disability Insurance Program sponsored by the State of Delaware consists of both a Short
Term Disability (STD) program and a Long Term Disability (LTD) program. With the exception
of temporary and casual seasonal employees, all employees covered by the Delaware State
Employees’ Pension Plan pursuant to 29 Del. C. Chapter 55 who are U.S. citizens or U.S.
residents are automatically enrolled into this program by their respective employing
organization. The premium costs for both programs are paid in their entirety to the Hartford
Insurance Company by the Office of Pensions on behalf of the State of Delaware.
Short Term Disability
The Short Term Disability program provides employees with partial income replacement of up to
75% of their pre-disability base pay including hazardous duty pay if applicable, for a short period
of time (up to 182 calendar days) should the employee become disabled due to a covered
accident, sickness or pregnancy after a 30-day elimination period. By definition, Short Term
Disability means the employee is unable to perform one or more of the essential duties of his or
her occupation due to injury, sickness, pregnancy or other medical condition(s) covered by the
plan, and the employee’s current monthly earnings are 80% or less than his or her pre-disability
base pay including hazardous duty pay, if applicable. The Short Term Disability program is self149
insured and administered by the Hartford Insurance Company. The administration fees are paid
by the Office of Pensions to The Hartford and employees receive their STD benefit payments
through a regular payroll advice from PHRST. Employees may supplement their STD benefit up
to 100% of their pre-disability base pay including hazardous duty pay, if applicable, with
available annual, sick, compensatory or donated leave. Health insurance eligibility, enrollment
and State share for health insurance (if applicable) continue during this time. At the end of the
182 calendar day period, the employee is terminated if they have not returned to work.
Long Term Disability
The Long Term Disability program provides individuals with partial income replacement of up
to 60% of pre-disability base pay including hazardous duty pay if applicable, for a long period of
time should the individual become disabled due to a covered accident, sickness or pregnancy. In
the Long Term Disability program, benefits begin on the 183rd calendar day of disability and can
continue for up to 24 continuous months or until the individual is able to perform the essential
duties of his or her occupation. After 24 months, the definition of disability changes from an
“own occupation” to “any occupation” definition. If the individual is deemed not to be able to
perform the essential duties of any occupation by The Hartford after 24 months, then Long Term
Disability benefits will continue to be paid. The Long Term Disability program is fully insured
by the Hartford Insurance Company and monthly claim payments are made by The Hartford
directly to the individual. Health insurance eligibility, enrollment and State share for Health
insurance (if applicable) continue during this time. Benefit booklets for both Short Term
Disability and Long Term Disability can be found at www.ben.omb.delaware.gov/disability.
Return to Work Program (RTW)
The Return to Work Program is a legislated program under TITLE 29, Chapter 52A § 5257.
Return to work is available to eligible employees during the Short Term and Long Term
Disability benefit periods.
When an individual is disabled beyond the 182 calendar days and is eligible for Long Term
Disability benefits, the former employee may request Return to Work Services as outlined in
Delaware Code as follows: Former nonmerit employees enrolled in and previously deemed
eligible for the Long-Term Disability Program will be placed by their previous employer into a
vacant position within their respective agency for which they qualify. Employees may utilize the
services of the Return to Work Coordinator located at the Statewide Benefits Office to assist
them with the Return to Work process.
Flexible Spending Account (FSA) Program
The Flexible Spending Account Program is available to permanent full-time, permanent parttime and limited term State employees. The FSA plan is sanctioned under IRS Section 125
regulations, which allows pre-tax employee deductions for the health care and dependent care
accounts. FSA operates on a calendar year basis unlike other benefit programs which operate on
a fiscal year basis.
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This plan provides both a Dependent Care spending account for child care and elder care
expenses and a Health Care spending account for un-reimbursed out-of-pocket health care
expenses.
The online open enrollment period usually occurs in the last quarter of the calendar year for
employees wanting to participate in this program. Information on open enrollment is provided to
employees through a mailing prior to the beginning of open enrollment. Employees must reenroll themselves in the program each calendar year if they wish to continue in the Flexible
Spending Account. Certain qualifying changes in family status during the plan year allow an
employee to make changes in their spending accounts. Information, including forms, is available
at http://ben.omb.delaware.gov/fsa/.
The State has contracted with ASIFlex to provide the administrative services for the Flexible
Spending Accounts’ Program. Reimbursements are processed by ASI within 24 hours of
receiving a qualifying claim for reimbursement and provide employee with notification by email, if employee has provided his/her e-mail address. Reimbursements are deposited directly
into a bank account identified by the participant or mailed to the participant’s home address by
U. S. Mail, whichever the employee has requested. An optional FSA debit card (Benny Card) is
a convenient way to pay for out-of-pocket health care expenses. There is a $12 convenience fee
that is debited from your available health care FSA balance in January. IRS regulations
determine when and where the card can be used and if follow-up documentation is required.
The Flexible Spending Account program is administered centrally by the Statewide Benefits
Office. New hires or newly eligible employees can obtain a Flexible Spending Account Guide to
Your FSA Benefits from their organization’s Human Resources Office or by visiting the website
http://ben.omb.delaware.gov/fsa.
New hires or newly eligible employees are eligible to participate in the Flexible Spending
Account program on the first of the month following three months of employment. If employees
choose to enroll, they must complete the Flexible Spending Account Enrollment Form included
in the enrollment kit or on the website and forward the completed form to the Statewide Benefits
Office. This form must be forwarded to the Statewide Benefits Office no later than the first of
the month prior to their month of participation.
An example, employee is hired January 5 and is eligible to participate effective May 1.
Enrollment Agreement must be received by Statewide Benefits Office no later than April
1. All data entry for the Flexible Spending Accounts into PHRST is handled by the
Statewide Benefits Office.
Employees on an unpaid leave of absence are required to submit an Unpaid Leave of Absence
Election form prior to their departure designating to “revoke” their participation or to “catch-up”
missed payroll deductions upon their return to work, see website to obtain the form and
instructions. Employees, who experience a qualifying event and wish to modify their annual
election, must submit an Election Change Form within 31 days of the event to the Statewide
Benefits Office.
Pre-Tax Commuter Benefit Program
The Pre-Tax Commuter Benefit Program allows employees to save 25% or more on the money
set aside for certain mass transit/van pooling and parking expenses incurred as they travel to
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work. The money is deducted pre-tax thus avoiding Federal and State income tax and FICA tax.
All State of Delaware permanent part-time and full-time employees are eligible to participate.
Employees can enroll anytime throughout the year by going to http://enroll.asiflex.com and
entering employer code DE. The election is fixed until the employee changes the deduction
amount or cancels their enrollment. The two categories of benefits under this program are
parking and mass transit/van pooling. Employees can set aside a certain amount per month in
pre-tax money under both programs. More information and the amount that can be elected based
on IRS guidelines are available at, http://ben.omb.delaware.gov/commuter/index.shtml.
Summary
Charter School Benefit Representatives should have some experience with benefits
administration as well as basic knowledge of laws related to employee benefits. Charter Schools
must contact the Statewide Benefits Office before they begin hiring employees who will be paid
through the State payroll system.
The Charter School benefit representative is required to contact the Statewide Benefits Office
to schedule a half-day non-PHRST Benefits Review training before attending the PHRST
system training.
Scheduling Charter School Employee Benefits Orientation Meeting:
It’s important that the charter school Benefit Representative contact the Statewide Benefits
Office at least a month prior to opening to schedule an employee benefits orientation meeting.
The meetings are usually held during an in-service day as soon as employees are hired and prior
to the first day of school opening. The Statewide Benefits Office will coordinate the meeting
between the charter school Benefit Representative and the health, dental and vision insurance
carriers who will be present at the meeting. The Statewide Benefits Office will request the
benefit vendors ship informational materials to the charter school upon request and/or upon
confirmation of a scheduled employee meeting.
In addition, to prevent any delay in employees’ benefits coverage it’s imperative to coordinate
the benefits meetings so benefits are set-up in PHRST for enrollments to be transmitted
electronically to the insurance carriers without delay so employees receive their insurance ID
cards.
Information about benefits is also available online at http://www.ben.omb.delaware.gov/
For additional information and to schedule a non-PHRST Benefits Review training session
please contact:
Dianna Stotler or Brenda Lakeman
Statewide Benefits Office, OMB
500 W. Loockerman St.
Suite 320
Dover, DE 19904
(302) 739-8331
[email protected]
[email protected]
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State of Delaware 457(b) Plan
This voluntary tax-favored program allows all State of Delaware pension eligible employees to
defer a portion of salary, before federal and state taxes are taken, into a supplemental retirement
account with Fidelity Investments. The 457(b) Plan is the primary retirement savings plan for
State of Delaware employees.
The annual contribution limits are 100% of your compensation to the following maximums:
•
If you are age 49 or younger, you can contribute $16,500 in 2011.
•
If you are age 50 or older, you can contribute $22,000 in 2011.
•
As an alternative to the age catch-up, a 457 plan participant is eligible to defer up to twice
the contribution limit in effect for the three years proceeding the employee's normal
retirement age.
Employees contributing to the 403(b) plan can also make contributions to the 457(b) plan,
putting up to the maximum dollar amount into each plan.
Contact Fidelity Investments at 1.800.343.0860 or go online at
http://www.fidelity.com/atwork to:
•
establish a new account and designate amount you wish to contribute each pay period;
•
increase; decrease; stop; or resume contributions;
•
elect and or change your investment options
Contribution changes must be entered into prior to the first day of the month in which the
compensation is to be paid or made available. The minimum contribution amount per pay is $10.
You are always 100% vested in your payroll deduction contributions.
For additional information about the 457(b) Plan contact the Deferred Compensation Team at the
Delaware State Treasury or visit our website at www.DelawareSaves.com. (See agency contact
information below)
State of Delaware 403(b) Plan
The Voluntary 403(b) Plan allows for both pre-tax and after-tax Roth contributions under the
Internal Revenue Code. For pre-tax contributions, you pay no current federal or state income
taxes on the amount you contribute, or on the interest or dividends earned. Income taxes are paid
only when funds are distributed. Roth contributions are made after-tax; you pay no taxes when
the funds are distributed. For 2012, the IRS deferral limit is $17,000. In addition, if you are 50
years of age or older by the end of the calendar year, you can defer an additional $5,500.
Eligible employees
To be eligible to participate you must work for a school district, charter school, the Department
of Education, Delaware Technical and Community College or Delaware State University. All
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employees of these institutions can participate in the Plan. (Employees who are not regular fulltime employees must contact their HR/Payroll representative prior to initial enrollment)
Employees can make contributions to a 403(b) program and the 457(b), putting up to the
maximum dollar amount into each plan.
Self-service Retirement Manager
The State of Delaware now offers a new online self-service Retirement Manager tool
(www.myretirementmanager.com). The Retirement Manager is a single, convenient and secure
access point for employees to manage Voluntary 403(b) Plan account(s).
The Retirement Manager gives you ready access to:
•
Enroll in your Voluntary 403(b) Plan accounts;
•
Choose an investment provider;
•
Elect or Change your contribution amount;
•
A comprehensive source for financial planning information;
•
A set of easy-to-use, powerful financial calculators;
•
A secure way to manage your account(s);
•
A way to determine if you are on track and contributing as much as the law allows.
For additional information about the 403(b) Plan, contact the Deferred Compensation Team or
visit us at www.DelawareSaves.com. (See agency contact information below)
Unemployment Insurance
Basic considerations:
Where charter school teachers and staff are employees of the charter school, the state will be liable
for Unemployment Insurance (UI) coverage, and the school will be responsible for contributing to
the UI fund. Funding is accomplished through “other employer contributions” (OEC) as a payroll
function; it is a school expense.
Where charter school teachers and/or staff are employees of an education management company,
the company will be liable for UI and will be responsible for registering with the State Department
of Labor and paying UI taxes on its employees working at the charter school.
Prior to commencing operations, and particularly before hiring the first employee, charter schools
are expected to contact the Delaware Department of Labor, Division of Unemployment Insurance
(see Agency Contacts), to register with the Division and to become aware of the school’s duties
and responsibilities as an employer.
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General Insurance
Charter schools will need to consider/provide insurance coverage in the areas of Workers’
Compensation, Employer’s Liability, Auto Liability, General Liability and Director’s and
Officer’s Liability. The following brief descriptions identify what the state will and will not
provide. To discuss insurance needs in more detail, contact the Insurance Coverage Office of
OMB (see Agency Contacts).
Workers’ Compensation
Where charter school teachers and staff are employees of the charter school, the state selfinsured workers’ compensation program will be liable for work-related injuries and illnesses
incurred in the course and scope of employment. The school will be responsible for contributing
to the workers’ compensation fund. Funding is accomplished through “other employer
contributions” (OEC) as a payroll function; it is a school expense. The rate is re-determined
each year.
Where charter school teachers and staff are employees of an educational management company,
the company will be liable for coverage.
Employer’s Liability
While the state will provide for the worker’s compensation coverage noted above, it does not
provide Employer’s Liability because of the sovereign immunity enjoyed by the state as will be
discussed later. This coverage would protect the employer from lawsuits by the injured worker
that may be against a product manufacturer. The manufacturer may name the employer as a
defendant alleging that there was inappropriate training or supervision from the employer. The
school should purchase its own coverage separately.
Auto Liability
If schools use state owned vehicles, the coverage rests with the state self-insured program. If the
school has private/corporate vehicles, the owner would be liable. The state assumes no liability
for cars of parents, students, or employees used for school functions. The liability rests with the
owner of the vehicle.
General Liability
The state provides no coverage as it has sovereign immunity under the constitution. Schools do
not enjoy the sovereign immunity. The school must purchase coverage independently.
Director’s and Officer’s Liability
The state does not provide this coverage. The school should consider a separate policy.
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Records Management/Records Retention
A charter school has a responsibility to protect and preserve certain documents, files and records
that are generated by the school on a regular basis through normal operations. For example, there
are student records and employee personnel records. Each of these has a legal retention period.
The school must become familiar with what must be retained and for how long. The Delaware
Public Archives (see “Agency Contacts”) is established as a division within the Department of
State and charged with administering, implementing and enforcing all provisions of the Delaware
Public Records Law. The Archives is the official repository for the archival records of the State of
Delaware and all political subdivisions. The Archives is responsible for: 1) establishing
guidelines for the management and preservation of all public records; and 2) establishing and
administering an archives and records management program for the retention, preservation and
disposal of public records. More information can be found at the website:
http://archives.delaware.gov/govsvcs/govsvcs.shtml. Click on the link For Government and you
will find the retention schedules there.
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Delaware Surplus Services
Charter schools are eligible to participate in this program. State and federal surplus property may
be obtained free or at a very reduced price. Student and office furniture, computers, and books are
some of the many items available. These items may be viewed and purchased on site at the
surplus property warehouse located on the Governor Bacon Health Center grounds in Delaware
City. (See Agency Contacts)
Contracting
Charter schools are eligible to use statewide contracts to purchase goods and services, and to use
the central contracting section to help in negotiating contracts. For more information contact the
Contracting Section. (See Agency Contacts)
Fleet Services
The Office of Fleet Services provides transportation services to state agencies. The team operates
a motor pool of approximately 1,600 vehicles. Vehicles are dispatched, with 24-hour roadside
assistance, from more than 45 pickup sites. We are charged to investigate and resolve all citizen
complaints relating to abuse or misuse of all agency/school district owned vehicles. (See Agency
Contacts)
Messenger Services
Charter schools are eligible to use statewide courier routes located within each county for
distribution of interdepartmental mail; retrieval of outbound USPS metered mail. A SLC code
shall be established for each charter school location. USPS first class letter mail discounts for 1
and 2 ounce letters are achieved with utilization of the state presort contract generating a savings
of 0.07 cents per letter. All other USPS metered mail is processed in accordance with current
USPS postage rates dictated by the USPS. Messenger Service mail metering program provides
cost savings to agencies with the elimination of postage equipment lease/ purchases; meter rental
fees, equipment maintenance fees and equipment purchases/leases. (See Agency Contacts)
Food Distribution
This program distributes food commodities to eligible schools and other child nutrition programs,
as well as servicing elderly and emergency food needs. For more information contact the Food
Distribution Section. (See Agency Contacts)
Copier Management
The Copier Resource Management Program (CRMP) simplifies the copier acquisition process for
its customers. By serving as liaison between customers and vendors, we ensure that contract users
receive the service they are entitled to, and we analyze our customers' copying and printing needs
so they acquire the appropriate equipment without having to deal with sales pressure. (See
Agency Contacts)
157
Employee Leave Policy Considerations
The Charter School Act of 1995 provides the boards of directors of public charter schools in
Delaware with considerable autonomy in the operation of their schools. The law exempts charter
schools from many of the provisions of Del. C., Title 14 and all school district regulations,
except those specified. In general, the law allows charter schools to hire, manage, and terminate
any school employee in accordance with the terms of their personnel policies or any collective
bargaining agreement it negotiates with its employees. The law, however, does not exempt
charter schools from the legal requirements of Del. C., Title 29, where “employee” is defined for
pension purposes.
It is highly recommended that charter schools have well defined personnel policies that
complement common practice in public school districts in Delaware and recognize the
complexities of the pension issues and transfer issues associated with state employees. It is
common practice in a number of state agencies (including many public school districts) to accept
the transfer of accumulated sick leave from other agencies, but not accumulated vacation (also
known as annual leave) leave from other agencies.
Many public school districts in Delaware follow these practices:
Sick Leave
1) Each employee earns one (1) day of sick leave for each month worked. Ten months = 10
days, etc.
2) The schools front-load the sick days, which means the employee is given all of his/her sick
leave for the year at the beginning of the year rather than one day each month as the leave is
actually earned. The front-loading is due to a State Board policy, not required by Delaware
Code. Problems have occurred as a result of front-loading sick days. Employees could use
all of their time at the beginning of the year (before it is truly earned) and then terminate their
employment with their school district. It is then up to the district to recover the funds spent
on unearned sick leave.
3) Of the sick days earned during any given year, three (3) may be used as personal days. This
does not add three days to the total number of days available for leave purposes, these days
are inclusive of sick leave.
4) Public school employees may accrue unlimited sick leave. Normally, districts will accept
state sick leave from other state agencies and/or schools. At retirement time, the state will
pay ½ of the daily rate for each accrued sick day, with a maximum of ninety (90) days. (This
equates to a total of 45 days’ pay.) Local policies for sick leave payoff vary by district.
Some districts match the state policy; others pay nothing, with many practices in between
those two extremes.
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Annual Leave
1) Ten-month employees, as a rule, do not accrue annual leave.
2) Districts may state the number of days an employee may earn.
3) The maximum accrual for 12-month employees is 42 days.
4) Negotiated contracts spell out the number of days an employee will earn. In some contracts,
the employee may start out with less than full accumulation and after a specified number of
years of service with that district, will receive an increase in the annual number of vacation
days earned per year.
5) A small number of districts front-load vacation time. Again, collection of funds for days
taken but not yet earned can be a problem if an employee terminates.
6) School districts do not accept annual leave from any outside sources.
7) Payoff at termination is 100% on the state portion. Each district varies its local payoffs.
Donated Leave Program
This program allows employees in a public school district to transfer accrued, unused sick days
to one or more other employees in the same district. The program for public school districts is
outlined in Del. C., Title 14, Section 1318A.
State Retirement and/or Termination Payouts
Retirement and termination funding for this section are only for state earned units. These
guidelines apply to the retirement or termination payout of a charter employee who fills any
earned state unit:
1. State fund payouts shall be made for the retirement or termination of a charter employee who
fills an earned state unit and is listed on staff as of November 30th (December 1st is the
Department’s approximate run date of a charter staff report to capture staff names as of
November 30th for final state fund calculations; the charter school will be given a copy of this
report along with its final state calculations and final staff salary calculations). If the employee
is not listed on this aforementioned report, the charter school shall also provide the name of the
employee who previously occupied the position during the same fiscal year of the retirement or
termination.
2. Charters shall provide confirmation that termination pay has been issued to the
retiring/terminating employee by submitting a copy of PHRST report DPR011 which verifies
when a termination check has been issued so the Department can promptly issue a
reimbursement to the charter school up to the eligible amount.
3. Determination of Annual (Vacation) and Sick Leave Payouts:
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•
The charter school shall provide to the Education Associate, School State
Accounts:
-
The balance of the eligible employee’s remaining annual (vacation) days
The monthly accrual rate
The date of retirement
Family Medical Leave Act (FMLA)
Federal law allows for unpaid job-related leave to eligible employees for certain family and
medical reasons under specific circumstances. Charter schools should review the Notice to
Employees of Rights Under FMLA. See Appendix E for a copy of the notice.
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Agency Contacts
PHRST
PHRST Training Administrator
820 Silver Lake Blvd., Suite 200
Dover, DE 19904
(302) 739-2260
PHRST End User Help Desk
(302) 739-8066
This help desk is for PHRST system users only.
Division of Accounting
820 Silver Lake Blvd., Suite 200
Dover, DE 19904
302-672-5000
FSF Service Desk
(302) 526-5600
[email protected]
FSF Training Registration
(302) 526-5600
[email protected]
Department of Technology and Information – Access, Hardware/Software Requirements
Randy Reynolds - Customer Relationship Specialist (Education)
Department of Technology and Information
William Penn Building
801 Silver Lake Blvd.
Dover, DE 19904
302-739-9621
Office of Auditor of Accounts – Audit Process
Townsend Building
401 Federal Street
Dover, Delaware 19901
302-739-4241 (ext. 101)
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Delaware State Employees’ Pension Plan
Pension Administrator
Office of Pensions
McArdle Building
860 Silver Lake Blvd., Suite 1
Dover, DE 19904
(302) 739-4208 or (800) 722-7300
Web Site: www.delawarepensions.com
Statewide Benefits – Non PHRST Benefits and Benefits Training
Benefits Section of OMB
500 W. Loockerman St., Suite 320
Dover, DE 19904
Telephone (302) 739-8331
Insurance Coverage
Insurance Coverage Office of OMB
500 W. Lockerman St., Suite 300Dover, DE 19904
(302) 739-3651
Unemployment Insurance – Employer Considerations
Department of Labor
Division of Unemployment Insurance
4425 North Market Street
Wilmington, Delaware 19802
(302) 761-8353
Delaware State Treasury– 457(b) and 403(b) Deferred Compensation Plans
Joshua Hitchens, Director of Defined Contribution Plans
Delaware State Treasury
820 Silver Lake Blvd., Suite 100
Dover, DE 19904
(302)672-6733
[email protected]
www.DelawareSaves.com
Delaware State Treasury – New Bank Accounts
(same address as above)
Treasury’s Senior Fiscal Administration Officer
(302) 672-6709
Delaware State Treasury – Collections
(same address as above)
State Accountant
(302) 672-6700
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Delaware State Treasury – Cancelled Checks and Returned Checks
(same address as above)
State Accountant
(302) 672-6700
Contracting
Government Support Services Section of OMB
100 Enterprise Place, Suite # 4
Dover, Delaware 19904-8202
(302) 857-4501
http://mymarketplace.delaware.gov/
Records Management
Information Resource Specialist – Schools
Department of State
Delaware Public Archives Government Services
121 Duke of York Street
Dover, Delaware 19901
http://archives.delaware.gov
(302) 744-5041
Surplus Services
Government Support Services Section of OMB
Governor Bacon Health Center
1 Wilmington Avenue
P.O. Box 299
Delaware City, Delaware 19706
(302) 838-8073
http://gss.omb.delaware.gov/surplus/index.shtml
Food Distribution
Government Support Services Section of OMB
Governor Bacon Health Center
1 Wilmington Avenue
P.O. Box 299
Delaware City, Delaware 19706
(302) 838-8062
http://gss.omb.delaware.gov/food/index.shtml
Budget and Accounting Policy Manual – Internet Location
www.state.de.us/budget/accounting-manual/account-manual.shtml
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Fleet Services
Government Support Services Section of OMB
100 Enterprise Place, Suite #4
Dover, Delaware 19904-8202
(302) 857-4501
http://gss.omb.delaware.gov/fleet/index.shtml
Messenger Services
Government Support Services Section of OMB
100 Enterprise Place, Suite #4
Dover, Delaware 19904-8202
(302) 857-4501
http://gss.omb.delaware.gov/messenger/index.shtml
Copier Management Program
Government Support Services Section of OMB
100 Enterprise Place, Suite #4
Dover, Delaware 19904-8202
(302) 857-4501
http://gss.omb.delaware.gov/copier/index.shtml
Budget and Accounting Policy Manual – Internet Location
www.state.de.us/budget/accounting-manual/account-manual.shtml
First State Financials (FSF) Forms
http://extranet.fsf.state.de.us/forms.shtml
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STEPS TO FOLLOW TO ESTABLISH WORKING RELATIONSHIPS
WITH STATE ADMINISTRATIVE AND FINANCIAL AGENCIES WHEN
SETTING UP A NEW CHARTER SCHOOL
GETTING SET UP IN PHRST
WHO
DOE
PHRST
Charter School
PHRST HR
PHRST HR
Charter School
Charter School
Charter School
WHAT
WHEN
Notify PHRST contact person about the creation of the new
School and give contact name, phone numbers, and email
addresses, and school address
PHRST gets required new information from Charter School
contact
PHRST loads new School information
Dept Table
Security Tree
nVision Scope
Route Control Profile
EEO Separation Reports
Document Direct
Location Table
Salary Tables
FTE Control Funding
Flexible Credits/ Supplemental Benefits offered
Log on to PHRST web site- to obtain all forms and general
information. If intranet access has not been established, please
contact the PHRST Help Desk for assistance – 739-8066
As soon as Charter is
approved
Contact Charter School to get FTE, funding and appropriation
information. If Charter School is not sure of the information they
should contact DOE
Set up FTE Control
Notify Charter School when tables are set up and FTE control is
completed
Contact Statewide Benefits Unit to schedule half day non-PHRST
Benefits training prior to PHRST system training.
As soon as Charter School
primary contact person is
identified
Submit ISO (Information Security Officer) designee form to
Department of Technology and Information (DTI). For more
information contact the DTI Help Desk at 739-9560 or by email
at: [email protected]
Security and Registration forms required for employees
accessing PHRST: (forms attached)
SSL VPN Security Form - Submit to DTI. A SSL VPN
connection is required to access the PHRST web sites and PHRST
application. All employees accessing PHRST will require a SSL
VPN logon. For more information please contact the DTI Help
Desk at 739-9560 or by e-mail at: [email protected]
165
As soon as Charter School
primary contact person is
identified
Before PHRST access is
required, and anytime
thereafter
As soon as completed
As soon as Human
Resources (HR), Benefits
Administration (BA), and
Payroll (PR) staff are hired
and prior to PHRST
system training
As soon as ISO is selected
As soon as HR, BA, and
PR staff are hired but
before other employees are
hired
GETTING SET UP IN PHRST
WHO
WHAT
WHEN
S-100A PHRST Security Form – Submit to the PHRST Office.
If you have any questions please contact the PHRST Help Desk at
739-8066.
PHRST Training Registration Form - Submit to the PHRST
Office. If you have any questions please contact the PHRST Help
Desk at 739-8066.
PHRST
Schedule PHRST system training and notify Charter School
Charter School
End-users attend PHRST HR/ BA and PR, and On-line Correction
Application training
Charter School
PHRST Contact
Submit yellow signatures card, Authorized Signatures Form (C1000), & Designated PHRST Coordinator Form (C-2000) to
PHRST contact. (302) 739-2260
Notify PHRST of date of first paycheck – Either 1st or 2nd pay in
September
Notify all teams of initial pay period
PHRST
Grant PHRST access
Charter School
Create Positions in PHRST
Charter School
Provide Transfer Forms with pertinent data to Organizations that
are transferring employees to the Charter School
Hire employees – with prior approval, may perform data entry at
PHRST, if needed
Charter School
Charter School
Charter School
Charter School
If entering data centrally at PHRST, the following documentation
must be completed for each employee and brought to PHRST:
• I-9 Form completed with appropriate documentation –
copy of Social Security Card
• W-4 Form or W-5 Form
• Salary Information
• Position Information
• Number of Pays and Number of Days Worked in Contract
Year
• Start Date
Print Enrollment Forms and distribute to employees – with prior
approval, may perform data entry at PHRST, if needed
Data enter Benefit elections – with prior approval, may do data
166
When training forms have
been received
Before employees are
hired and after nonPHRST Statewide
Benefits training
After completion of
PHRST system training
Before employees are
hired
As soon as information is
received
After PHRST system
training is completed
After approval from DOE
and FTE Control
completed
As soon as possible before
first pay period
When Positions have been
entered
The day after employees
have been hired into the
PHRST system
Prior to first pay period
GETTING SET UP IN PHRST
WHO
Charter School
Charter School
WHAT
WHEN
entry at PHRST, if needed
For any employees who have not returned their form with
elections, waive all other benefits and elect Pension only prior to
first pay period being confirmed.
Contact the PHRST Help Desk for assistance for reopening the
row for additional data entry if needed – (302) 739-8066
Verify data entry and print Confirmation Statements – with prior
approval, may do data entry at PHRST, if needed.
Prior to first pay period
Charter School
Data enter and verify critical Payroll data – Employee Tax Data,
Direct Deposit, General Deductions, Hours, etc.
Verify critical morning reports
First pay period and every
pay period thereafter
Daily
Charter School
Attend Key End-User meetings for additional information
As offered
PREPARATIONS FOR EMPLOYEE BENEFITS
WHO
PHRST/Statewide Benefits
Charter School
Statewide Benefits & Charter
School
Statewide Benefits
WHAT
WHEN
Present overview of PHRST and Statewide
Benefits to Charter School representatives
Contact Statewide Benefits representative to
schedule half-day non-PHRST Benefits training
at 739-8331
Provide Benefits training to Benefits
Administrator(s) to include: Eligibility &
Enrollment Rules, Spousal Coordination of
Benefits Rules, Health, Prescription, Employee
Assistance Program (EAP), Health Management
Program, Dental, Vision, Blood Bank, Group
Life Insurance, disability insurance program
(DIP) and associated Return to Work (RTW)
Program, Flexible Spending Accounts (FSA) for
Health and Dependent Care, Pre-Tax Commuter
Benefit Program, Cobra, Deferred
Compensation, Tax Sheltered Annuities,
Pension, Donated Leave legislation and,
Benefits Accounting. Provide current Benefits
materials for New Hire packets
Notify Insurance Vendors (Health, Prescription,
EAP, Dental, Vision, Blood Bank, Life
Insurance, Disability Insurance and Cobra) that
there is a new School and provide: contact
information, address (physical and mailing),
167
Summer before School opens
As soon as HR, BA, and PR staff are hired
but before employees are hired and before
PHRST system training
Before employees are hired and before
PHRST system training
After Statewide Benefits non-PHRST
training
PREPARATIONS FOR EMPLOYEE BENEFITS
WHO
Insurance Vendors
Statewide Benefits
PHRST Benefits
Charter School
Charter School
Charter School
Statewide Benefits
WHAT
WHEN
number of employees, effective dates
Establish and provide Statewide Benefits with
account numbers and provide School with
materials for distribution to employees
Provide vendor account numbers to PHRST
Benefits Administration for setup in system –
PHRST Benefits 739-2260
Map Department ID’s to Group Numbers for
State Health Vendors
Contact Blood Bank of Delmarva for materials
for New Hire packets – (302) 737-8405
Contact State Treasurer’s Office for Deferred
Compensation materials for New Hire packets –
Deferred Compensation Administrator 7441083
Before Employee meetings with Vendors
Before employees are hired or transferred in
PHRST
Before employees are hired or transferred in
PHRST
Before employees are hired
Before employees are hired
Contact Pension Office for training – 739-4208
Coordinate meeting between vendors of Health,
EAP, Dental and Vision Insurance carriers and
Charter School employees
Prior to first pay period
Meeting to be held during an in-service day
as soon as employees are hired and prior to
first pay period
PREPARATIONS FOR PAYROLL
WHO
Charter School
Charter School
Charter School
Charter School
Charter School
WHAT
Contact Delaware Department of
Labor, Status Unit to establish UI
(Unemployment Insurance) number
(302) 761-8482
Supply UI number to PHRST
Payroll – (302) 739-2260
Contact Delaware Federal Credit
Union on Water Street in Dover –
(302) 739-4496 to obtain material
for New Hire packets
Contact the State Mailroom
Supervisor to establish SLC (State
Location Code) and arrange for
delivery and pick-up of State Mail
– (302) 739-4245
Contact DTI and supply address
and contact information and
arrange for delivery of direct
deposit advices and paychecks –
168
WHEN
Prior to first pay period
Prior to first pay period
Before employees are hired
Prior to first pay period
After SLC code has been established
PREPARATIONS FOR PAYROLL
WHO
Charter School
Charter School
WHO
Charter School
Charter School
PHRST
DOE
PHRST
WHAT
Operator Services Supervisor (302)
739-9539
Visit Web Sites for more info:
DE Dept of Revenue – State Tax
Withholding Book
City of Wilmington – Wilmington
Tax Guide
IRS – current Tax Forms and other
employer info
Dept. of Homeland Security –
current I-9 and other info
Coordinate meeting with Savings
Bond vendor, National Bond and
Trust Co. (1-800-426-9314) and
employees
WHEN
Prior to first pay period
Meeting to be held during an in-service day or
any time after employees are hired
WHAT
Submit security forms to remove PHRST access for all
employees. Forms:
S-100A Security Form - Submit to the PHRST Office.
SSL VPN Security Form – Submit to DTI.
Terminates or transfers all Charter School employees
Deletes PHRST access
Notifies PHRST of date to inactivate the Charter School in
PHRST
PHRST inactivates Charter School related information.
Dept Table
Security Tree
nVision Scope
Route Control Profile
EEO Separation Reports
Document Direct
Location Table
Salary Tables
169
WHEN
At least one week before the
end user ’s PHRST access is
to be terminated
Prior to End User’s PHRST
access being terminated
As per instructions
As soon as notified by DOE
Getting Started in FSF
Who
DOE
What
Coordinate with FSF & PHRST new department
id
Submit a KK005 form to establish an Operating
Unit, Program Code and School Code
When
When Charter is Approved
Charter School
Contact FSF Service Desk via phone or email to
sign up for training (Refer to Appendix E)
As soon as employees begin
Charter School
Complete Security and Registration Forms
As soon as employees begin
FSF
Grant Access to FSF
After training is complete
and security form is received
OMB/DOE
Charter School
Charter School
Charter School
Charter School
Charter School
Charter School
Upload Budget
Review Reports and Budgets
Perform Monthly Reconciliation Steps
Submit Monthly Reconciliation forms to DOA
Contact FSF Service Desk if assistance is needed
Attend GAAP Package training
Complete GAAP Package
When approved
Regularly
Monthly
Monthly
Whenever necessary
Annually
Annually
DOE
170
After department ids
determined
Who
Charter School
Charter School
DTI
DTI
DTI
DTI
Charter School
Charter School
Charter School
Preparation for Network and Phone Connectivity
What
When
Contact DTI Customer Relationship
As soon as the Charter School is
Specialist regarding need for
approved and facilities are
connectivity (Phone and Data)
secured.
Send DTI:
Once facility is secured.
1. Physical address of new charter
school
2. Phone number either at site or next
door to site
3. Name and contact information of
technical contact for Charter School
DTI will contact Verizon and place
order for T1 data circuit
DTI will arrange meeting with
technical contact/representative of
school and the DTI Phone group to
discuss phone options
DTI phone group will place the order
for the phone circuits
Once information on site is
received
Once information on site is
received
Once the phone needs for the
charter school are established in
the earlier meeting
DTI will arrange on site meeting with Early on in the
technical contact, DTI representatives construction/renovation phase
and Verizon Engineer to evaluate the of the site.
site blueprints or renovation plans to
establish what work will need to be
done to establish the connection
between the Verizon demarcation
point and the School network room.
The technical contact or representative Once the Verizon make ready
of the school will provide access for
work is completed.
Verizon to install the needed
connectivity.
The technical contact or representative Once Verizon turns the circuit
of the school will provide access for
up.
DTI technicians to install the router for
the Ti line.
The Charter School will purchase and Once DTI installs the router.
set up the necessary network switches
for the school network
171
EVALUATION
OF
CHARTER SCHOOLS
172
Overview
A critical element of charter school legislation throughout the nation is the understanding that
charter schools will be freed from many of the regulations imposed upon other public schools with
the stipulation that charter schools will be held to a high level of accountability, particularly in the
area of academic achievement. In Delaware, charter schools are approved for an initial four-year
period. Each school’s performance is reviewed prior to the end of that period for charter renewal
and at five-year intervals for further renewal decisions.
Evaluation is conducted throughout the charter period, starting with the initial application for a
charter, and is used to identify areas where the school is being successful or where the school may
have difficulty or need assistance.
Department of Education Contact
John H. Carwell, Jr.
Charter School Officer
Delaware Department of Education
401 Federal Street, Suite 2
Dover, DE 19901
(302)735-4020
Requirements and Procedures
At the Delaware Department of Education, a number of evaluation activities are viewed as part of
an Integrated Evaluation/Support System, which is comprised of the following evaluation
components:
Charter Application
This instrument serves multiple purposes, including: (1) defining the plan which the school will
follow and for which the charter school board of directors has agreed the school will be held
accountable; (2) serving as the first evaluation instrument since it provides a picture of the
capability of the applicant to plan, open, and operate a charter school. Specific strengths and
weaknesses in the plan and in the capabilities of the founding group can be identified through the
application process. Technical assistance can be directed toward specific areas where the
applicant may need assistance.
Performance Agreement
State approved charter schools have been required to develop and sign a performance agreement
with the Secretary of Education during the first year of the school’s operation. This agreement
defines specific measurable objectives the school agrees to attain over the term of the charter.
Progress on the objectives will serve as a critical part of the review for charter renewal. As part of
the process for evaluating a charter for renewal, a revised performance agreement for the renewal
period will be required.
173
On-Going Oversight Monitoring
For State approved charter schools, progress toward the management and educational plan
outlined in the approved charter application will be monitored on an on-going basis by staff from
the Department of Education. Oversight and monitoring activities will include written requests for
information, annual school reports, site visits (both announced and unannounced), among other
activities. The primary purposes of the oversight and monitoring activities are to provide feedback
to the school on accomplishments, to identify potential problems early, and to allow an
opportunity for suggestions regarding possible sources of assistance. Observations during
monitoring will be included in the information used when reviewing a school during the renewal
evaluation.
Annual School Report
Pursuant to Del. C., Title 14, Section 513 (a), by November 1 each year, an annual report is
required from each charter school for the previous year of operation. The report serves as a
primary instrument for:
a) Informing the Department of Education and the public on the school’s
accomplishments during the previous year;
b) Reporting the annual progress of the school’s performance on accomplishing the
objectives in the Charter School Performance Agreement (for State approved charter
schools), and;
c) Meeting the evaluation requirements outlined in the School Improvement Evaluation
Guidelines (see School Improvement web page at www.doe.state.de.us).
Evaluation for Renewal
In keeping with the responsibilities for approving authorities described in the Charter School Act
of 1995, an evaluation will be conducted of each charter school prior to the end of its charter
period. State approved charter schools will be evaluated by the Department of Education and
State Board of Education. Charter schools approved by local school boards will be evaluated by
the school district approving the original charter.
For State approved charter schools, the evaluation will include a thorough examination of the
accomplishments of the school in meeting the terms of the approved charter and will include
documentation from each of the activities listed above: charter application, performance
agreement, on-going monitoring, and annual school reports.
174
DELAWARE CHARTER SCHOOLS
RELATED LAWS
175
Overview
Although The Charter School Act of 1995 provides the boards of directors of charter schools in
Delaware with considerable autonomy in the operations of their schools and gives a general
exemption from the provisions of Del. C., Title 14, it does not exempt charter schools from
federal laws or from other state laws in other sections of state code. Many of the applicable state
laws are published annually in the “Delaware School Laws” booklet published by Michie.
Below are many of the laws that apply to Charter Schools and some helpful website links.
Delaware Rules and Regulations Related to Charter Schools
Title 14 Chapter 5 Delaware Code (contains state laws associated with charter schools)
Title 14 (contains all of the chapters of state laws that apply to all schools)
Regulation 275 Charter Schools (contains the Department of Education's rules and regulations
concerning charter schools)
Regulation 502 Curriculum (DOE curriculum alignment to state standards)
Federal Rules and Regulations Related to Charter Schools
EDGAR (Federal rules for spending federal dollars)
OMB Circular A-21 Cost Principles for Educational Institutions (Federal rules for spending
federal dollars)
OMB Circular A-87 Cost Principles for State Local and Indian Tribal Governments (Federal
rules for spending federal dollars)
OMB Circular A-122 Cost Principles for Non-Profit Organizations (Federal rules for spending
federal dollars)
OMB Circular A-133 Audits of States Local Governments and Non-Profit Organizations
(Federal rules for spending federal dollars)
Federal Charter School Programs Law (Description of Federal Charter School Program and
funding criteria)
Civil Rights (Applying Federal Civil Rights Laws to Public Charter Schools: Questions and
Answers (2000, DOE)
Helpful Links
Delaware Charter Schools Network
U. S. Charter Schools
U. S. Department of Education Charter School Office
National Association of Charter School Authorizers
176
APPENDIX A
STARTUP CHECKLIST
Start
Date
End
Date
Lead
Person
Coordinated
Tasks
Budget
Ramifications
INSTRUCTION AND
ASSESSMENT
Review charter goals &
instruction framework
Develop detailed
goals/standards/objectives
Instructional program detail
Select curriculum/projects/
Units
Identify/secure instructional
materials/technology
Develop assessment plan
Review detailed instructional
designs & assessment w/district
School calendar & schedule
Classroom/learning
environment configuration
Age/grade/cluster configuration
Address special needs student
issues
Staff orientation &
development
STAFFING
Develop needs assessment
Identify options & plan
Develop personnel policies
& job descriptions
Develop staff selection process
Post & recruit needed staff
Paper screen candidates
Interview & background checks
Finalize selections
Criminal background check
& fingerprinting
Hire & contract
Recruit contract service
providers
Orientation & planning
Establish year 1 staff
development plan
Implement immediate priority
staff development activities
Reprinted with the permission of Eric Premack, author of Charter School Development Guide, 1997
177
STARTUP CHECKLIST
Start
Date
End
Date
Lead
Person
Coordinated
Tasks
STUDENTS & PARENTS
Review charter terms
Develop student & parent
policies & handbook
Develop student information
systems
Develop recruitment &
outreach plan
Develop marketing & outreach
materials
Implement marketing &
outreach plan
Accept applications
Monitor diversity & outreach
Conduct enrollment lottery
Registration & assessment
Develop parent participation &
involvement policies
LEGAL &
ORGANIZATIONAL
Plan to transition from informal
to formal board
Initiate formal legal structure
Finalize bylaws
Develop & file articles of
incorporation
Apply for tax-exemption
Recruit & orient governing
board
Transition to formal governing
board
Develop board calendar
Research & secure insurance
FINANCE & OPERATIONS
Establish interim fiscal system
Develop planning budget
Reprinted with the permission of Eric Premack, author of Charter School Development Guide, 1997
178
Budget
Ramifications
STARTUP CHECKLIST
Start
Date
End
Date
Lead
Person
Coordinated
Tasks
Budget
Ramifications
Develop & initiate fundraising
plans
Assess fiscal management
Establish budget development
& oversight system
FSF (refer to APPENDIX E for
training specifics)
Develop internal controls &
fiscal policies
PHRST
Establish staff benefits
Develop & monitor cash flow
plan
Establish banking arrangements
Establish fiscal linkages w/
district & state
Entitlement date collection &
reporting
Develop long-term fiscal plans
Establish food services
Establish transportation services
FACILITIES
Review needs assessment
Assess market options
Visit prospective sites
Negotiate preliminary terms
Expert review of prospective
sites
Code, fire & safety review
Negotiate final terms & lease or
purchase
Renovations, repairs &
construction
Cosmetic preparation
Technology installation
Purchase & move in furnishings
Arrange classrooms,
instructional &work
environments
Custodial arrangements
Property insurance & security
Long-term facilities planning
Reprinted with the permission of Eric Premack, author of Charter School Development Guide, 1997
179
APPENDIX B
EMPLOYMENT CHECKLIST
Name
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
Date of Hire
Item
Eligibility for Employment (I-9)
Drug Free Workplace
Social Security Card
Driver Authorization
Computer Acceptable Use Policy
Health Form
Certification
Criminal Background Check
Employee Contract
Employee Contract for extra duty
Emergency Data
Health Plans
Dental Plans
Pension Forms (P-1)
Life Insurance Forms
Deferred Compensation (457)
Tax Shelter Annuity (403b)
Flex Serve Packet
Sick Leave Verification
Accumulated Vacation Leave
Accumulated Sick Leave
W-4 Employee Withholding
Wage Garnishments
Military Activation letter
Employee signed statement of
agreement with personnel policy
Blood Bank
Savings Bonds
Direct Deposit
Enrollment Form
Confirmation Form
Oath
Date Given
180
Date Counseled
Date
Form Returned
APPENDIX C
WAIVER REQUEST FORM
DEPARTMENT OF EDUCATION REGULATION
SCHOOL DISTRICT OR CHARTER SCHOOL ________________________________
________________________________________________________________________
CONTACT PERSON
TELEPHONE NUMBER
FAX NUMBER
ADDRESS
ASSURANCES
Please place check marks in the boxes if the appropriate actions were taken.
•
•
Notice of the waiver request was posted in at least 10 public places at least 20 days prior
to the meeting of the local Board of Education or the Charter School Board at which the
waiver request was presented and discussed.
Notice of the waiver request was posted on the door of every school in the district or in
the charter school at least 20 days prior to the meeting of the local board at which the
waiver request was presented and discussed.
• The public was provided an opportunity to present comments concerning the waiver
requested at the meeting of the local Board of Education or Charter School Board
following posting and preceding formal adoption.
Please describe the waiver request as to the regulation to be waived and the rationale for the
request.
181
-2Please provide written findings:
That such a waiver will further the accomplishment of state educational policies, particularly
those educational policies addressing student achievement in the core academic subjects of
mathematics, science, Language Arts and social studies. 14 Del. C., Section 122(f) (i) and (g)
(i).
That such a waiver would not impose undue administrative burdens upon the State or harm the
State’s ability to insure that public funds are properly expended and that applicable state and
federal laws are followed. 14 Del. C., Section 122(f) (ii) and (g) (ii).
That the purpose of the regulation or rule to be waived can be satisfied in a less burdensome or
different manner than through compliance with the rule or regulation. 14 Del. C., Section 122(f)
(iii) and (g) (iii).
State any additional findings relevant to this request.
182
Waiver Procedures for Local School District and Charter School Requests
as per 14 Del. C., Section 122(f) & (g)
The local school district or charter school must do the following in order to submit a request for a
waiver to the Department of Education:
•
Give notice of the consideration of the waiver request in at least ten public places in the
district or community and on the door of every school in the district or the charter school at
least 20 days prior to the public meeting of the local Board of Education or Charter School
Board when the waiver request is scheduled to be presented and discussed.
•
Provide the public with the opportunity to present comments concerning the waiver request
at its local Board of Education or Charter School Board meeting following the posting and
preceding its formal adoption.
•
Transmit its written findings to the Department of Education within 5 days following the
board meeting when the waiver request was considered and make written findings:
That the waiver will further the accomplishment of state educational policies, particularly
those educational policies addressing student achievement in the core academic subjects
of mathematics, science, language arts and social studies.
That such a waiver would not impose undue administrative burdens upon the State or
harm the State’s ability to insure that public funds are properly expended and that
applicable state and federal laws are followed.
That the purpose of the regulation or rule to be waived can be satisfied in a less
burdensome or different manner than through compliance with the rule or regulation.
The Department must respond in the following manner:
•
Notify the State Board of Education of any waiver request of a regulation that it must
promulgate or approve.
•
Act within 20 days after receiving the waiver request from the local school district or charter
school to schedule a hearing to consider whether to approve the waiver.
Note: If the Department of Education chooses not to schedule a hearing within
the time period (20 days), the proposed waiver shall be considered approved by
the Department of Education.
The State Board may respond in the following manner:
•
Accept the Department of Education’s decision concerning the waiver request.
•
Deny the waiver action taken by the Department of Education within 30 days or by the next
regularly scheduled meeting, whichever is earlier.
183
APPENDIX D
FAMILY MEDICAL LEAVE ACT
NOTICE TO EMPLOYEES OF RIGHTS UNDER FMLA
FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to
“eligible” employees for certain family and medical reasons. Employees are eligible if they have
worked for a covered employer for at least one year, and for 1,250 hours over the previous 12
months, and if there are at least 50 employees within 75 miles.
REASONS FOR TAKING LEAVE: Unpaid leave must be granted for any of the following
reasons:
•
•
•
to care for the employee’s child after birth, or placement for adoption or foster care
to care for the employee’s spouse, son or daughter, or parent who has a serious health
condition; or
for a serious health condition that makes the employee unable to perform the employee’s job.
At the employee’s or employer’s option, certain kinds of paid leave may be substituted for
unpaid leave.
ADVANCE NOTICE AND MEDICAL CERTIFICATION: The employee may be required to
provide advance leave notice and medical certification. Taking of leave may be denied if
requirements are not met.
•
•
The employee ordinarily must provide 30 days advance notice when the leave is
“foreseeable.”
An employer may require medical certification to support a request for leave because of a
serious health condition, and may require second or third opinions (at the employer’s
expense) and a fitness for duty report to return to work.
JOB BENEFITS AND PROTECTION:
•
•
•
For the duration of FMLA leave, the employer must maintain the employee’s health coverage
under any “group health plan.”
Upon return from FMLA leave, most employees must be restored to their original or
equivalent positions with equivalent pay, benefits, and other employment terms.
The use of FMLA leave cannot result in the loss of any employment benefit that accrued
prior to the start of an employee’s leave.
184
UNLAWFUL ACTS BY EMPLOYERS: FMLA makes it unlawful for any employer to:
•
•
interfere with, restrain, or deny the exercise of any right provided under FMLA;
discharge or discriminate against any person for opposing any practice made unlawful by
FMLA or for involvement in any proceeding under or relating to FMLA.
ENFORCEMENT:
•
•
The U.S. Department of Labor is authorized to investigate and resolve complaints of
violations.
An eligible employee may bring a civil action against an employer for violations.
FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state
or local law or collective bargaining agreement that provides greater family or medical leave
rights.
FOR ADDITIONAL INFORMATION: Contact the nearest office of the Wage and Hour
Division, listed in most telephone directories under U.S. Government, Department of Labor.
185
APPENDIX E
Welcome to the State of Delaware First State Financials (FSF)
Accounting system: Delaware’s System of Record. As a Delaware
Charter School, you will be using this system for all of your State
accounting functions. To get access to this system, you will be required to
1) identify which roles your staff will be assuming, 2) submit FSF
security forms (Form 100A) for those roles, and 3) complete related FSF
Training. In addition to self-study classes, which can be accessed from
our extranet, classroom training is required to get access to most of the
modules in the system.
Typical Business Managers should expect to take the following classroom course:
Course
APO400 Workflow
Related duties include:
Approving Documents in Accounts
Payable
Length of class
½ day
Other fiscal employees should expect to take the following classroom courses:
Course
Related duties include:
Length of class
PO110: Creating and
Creating and managing requisitions for
1 day
Maintaining Requisitions
the procurement of goods and /or services
PO120: Creating and
Maintaining Vouchers
AP101: Voucher Entry and
Maintenance
APO400: Workflow
PO160: Closing Requisition
and Purchase Orders
AR110: Miscellaneous Cash
Receipts & Deposits
GM100: Grants Pre-Award
GM101: Grants Post Award
GLKK110: Create, Modify &
Manage Appropriation Budget
PFA100: Payroll Funding
Adjustment
Entering, maintaining, tracking and
reporting purchase orders
Creating, matching, approving, and
updating vouchers; issuing, printing or
cancelling checks
Approving requisitions, purchase orders,
and Accounts Payable entries
Closing requisitions and purchase orders
once they are matched and reconciled
Creating and applying deposits. Creating
Zero Balance Cash Receipts
Creating and managing grant applications
2 days
Administering approved Grant Awards
and Budgets
Moving funds within departments and
special fund budget definitions
Completing and reviewing Payroll Fund
Adjustments
3 days
186
2 days
½ day
½ day
1 day
2 days
1 day
½ day
In order to ensure segregation of duties, Business Managers may not also have the following
roles: DE_REQUESTER, DE_BUYER, DE_AP_SPECIALIST, DE_REQ_PO_CLOSER,
DE_IV_BUYER_ROLE, DE_IV_SELLER_ROLE. Charter schools with only one person
responsible for fiscal duties should work with their school principal or Board to identify how to
distribute these other roles.
Schools that utilize the State’s SuperCard will need to take PO170/180: Procurement Card, a
half-day class. One employee will need to assume the approver role and another employee will
need to assume the reconciler role (a single person cannot fill both roles).
For more information on these and other classes, roles and requirements, please go to the FSF
extranet and see our registration/instruction page:
http://extranet.fsf.state.de.us/training_registration.shtml, or contact our service desk at (302) 5265600 or [email protected].
187
APPENDIX F
MISCELLANEOUS REFERENCES AND RESOURCES
In addition to the references and resources listed elsewhere in this manual, the following are
provided.
Delaware Department of Education Charter School Website –
http://www.doe.k12.de.us/infosuites/schools/charterschools/default.shtml
•
•
•
•
•
•
An Overview of the Charter School Concept in Delaware
Charter school applications
List of Delaware Charter Schools
Link to Delaware Code, Title 14, Chapter 5 “Charter Schools”
Technical Assistance Manual
Delaware Charter Schools Frequently Asked Questions
U. S. Department of Education - http://www.uscharterschools.org
A Study of Charter Schools - First Year Report, 1997
A National Study of Charter Schools – Second Year Report, 1998
A National Study of Charter Schools – Executive Summary, 1998
The State of Charter Schools – Third Year Report, 1999
Charter Schools and Students with Disabilities, 1998
Charter Friends National Network – http://www.charterfriends.org/ This organization was
established in 1997 to promote charter schools by connecting and supporting resource centers and
other state-level charter support organizations and activities. The Network pursues its mission
through publications, conferences, on-line communications, a grant program, and multi-state
initiatives on issues including accountability, facilities financing, special education, and federal
policy development.
Delaware Educational Directory - State of Delaware Department of Education publishes
addresses, phone numbers, and other pertinent information regarding the State Department of
Education, Public School District Offices, Public Schools, Special Public Schools, Public School
Services, Nonpublic Schools, Educationally Related Organizations, Selected State Agencies, and
Higher Education Institutions.
The Data Acquisition Calendar - State of Delaware Department of Education lists data due on a
monthly basis and on an “as needed” basis. Each listing indicates a form reference number, form
title, justification for use and Department of Education contact person and phone number.
188
APPENDIX G
Charter Schools Program
Title V, Part B
Non-Regulatory Guidance
July, 2004
189
Title V, Part B: Guidance
Charter School Program
Introduction ……………………………………………………………………………2
Summary of Major Changes …………………………………………………………...5
A.
General Provisions of the Charter Schools Program (CSP) ………….6
A-1.
A-2.
A-3.
A-4.
B.
What is the purpose of the CSP?
How does the statute define a charter school?
What new provisions enacted by NCLB affect the operation of the CSP?
In addition to the provisions of Title V, Part B, Subpart 1 of ESEA, what other
significant Federal statutory and regulatory authorities apply to the CSP?
Eligibility and Use of Funds …………………………………………….8
B-1.
B-2.
Which SEAs are eligible to apply for a CSP grant?
What if a State elects not to participate or does not have an application
approved?
B-3. May the Secretary or the SEA waive any eligibility or application
requirements?
B-4. How may CSP grant funds be used?
B-5. What are dissemination grants?
B-6. Who is eligible to apply for a dissemination grant?
B-7. What are some limitations on the use of dissemination funds?
B-8. Is a private school eligible to receive CSP funds?
B-9. Is a private school that converts to charter status eligible to receive CSP
funds?
B-10. Is a for-profit entity that holds a legal charter eligible to apply for a grant or
subgrant?
C.
Lottery, Recruitment, and Admissions ………………………………11
C-1.
C-2.
C-3.
C-4.
C-5.
What is a lottery for purposes of the CSP?
Under what circumstances must a charter school use a lottery?
Are weighted lotteries permissible?
May a charter school exempt certain categories of applicants from the lottery
and admit them automatically?
May a charter school create separate lottery pools for girls and boys,
in order to ensure that it has a reasonable gender balance?
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C-6.
May a tuition-based private preschool that becomes a public charter
school at the kindergarten level permit children enrolled in the
preschool program to continue in the elementary school program
without going through a lottery process?
C-7. May a charter school receiving its final year of CSP funds select
students for the next school year (when the school will not be
receiving program funds) without using a lottery?
C-8. In addition to Title V, Part B, Subpart 1 of the ESEA, what other
statutory or regulatory authorities should a charter school consider
when developing its admissions policies?
C-9. What are a charter school’s responsibilities with regard to outreach
and recruitment?
C-10. May a charter school receiving CSP funds set minimum eligibility
criteria for admission to the charter school?
D.
Involvement of Religious and Community-Based Organizations
With Charter Schools …………………………………………………12
D-1.
D-2.
D-3.
D-4.
D-5.
D-6.
E.
May a charter school be religious in nature?
May charter schools use public funds to support religious programs or
activities?
May charter schools enter into partnerships with religious organizations to
provide secular services?
May charter schools use the facilities of a religious organization?
May charter schools conduct outreach activities in churches or through
religious organizations?
Can community-based organizations and business entities play a role in
charter schools?
Administrative and Fiscal Responsibilities …………………………14
E-1.
E-2.
E-3.
What are the administrative and fiscal responsibilities of a charter school
grantee under the CSP?
What are the rules governing “conflicts of interest” in the administration of
CSP grants?
What procedures must a CSP grantee follow in order to avoid a “conflict of
interest” when purchasing equipment or services?
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Summary of Major Changes
This updated version of the Charter School Program draft non-regulatory guidance responds to
additional issues that the Department has resolved, regarding charter school lotteries, since
releasing the previous version of the CSP guidance on August 31, 2003. More specifically, the
new guidance addresses the issues of whether:
•
A charter school that receives funds under the CSP program may weight its lottery in
favor of students seeking to change schools under the Title I public school choice
provisions. Item C-3 clarifies that this is permitted.
•
A charter school may create separate lottery pools for girls and boys, in order to ensure
that it has a reasonably equal gender balance Item C-5 clarifies that such an action is not
permitted. A school seeking to achieve greater gender balance should do so by targeting
additional recruitment efforts toward male or female students.
•
A tuition-based private preschool that becomes a public charter school at the kindergarten
level may permit children enrolled in the preschool program to continue in the
elementary school program without going through a lottery process. Item I-6 clarifies that
this action is not permitted. However, a school in this situation might hold its lottery a
few years early, giving students who will enroll in the preschool program and those who
will not an equal chance of receiving the opportunity to enroll in the charter school
(elementary) program.
•
A charter school receiving its final year of CSP funds may select students for the next
school year (when the school will not be receiving program funds) without using a
lottery. Item C-7 describes the circumstances in which this action is permitted.
The new version includes no other significant changes.
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Charter Schools Program Guidance
A. General Provisions of the Charter Schools Program (CSP)
A-1.
What is the purpose of the CSP?
The primary purpose of the CSP (Title V, Part B, Subpart 1 of the Elementary and
Secondary Education Act of 1965 (ESEA), as amended by the No Child Left
Behind Act of 2001 (NCLB)), is to expand the number of high-quality charter
schools available to students across the Nation by providing Federal financial
assistance for charter school program design, initial implementation, and planning;
and to evaluate the effects of charter schools, including their effects on students (in
particular, on student academic achievement), staff, and parents. The program also
encourages, through the use of funding priorities, the creation of strong charter
school laws, in the States, that are designed to provide for the establishment of
high-quality charter schools. An additional purpose (embodied in the “Per-Pupil
Facilities Aid” portion of the program, which has not yet received funding) is to
encourage States to provide support to charter schools for facilities financing in
amounts commensurate with the amounts they have typically provided for
traditional public schools.
A-2.
How does the statute define a charter school?
Charter schools are established according to individual State charter school laws.
The enactment of State charter school laws is solely a State prerogative, and the
definition of a “charter school” under State law is a matter of State policy.
However, in order to receive CSP funds, a charter school must meet the definition
in Section 5210(1) of ESEA, which is as follows:
“The term ‘charter school’ means a public school that:
1. In accordance with a specific State statute authorizing the granting of charters
to schools, is exempt from significant State or local rules that inhibit the
flexible operation and management of public schools, but not from any rules
relating to the other requirements of this paragraph [the paragraph that sets
forth the Federal definition];
2. Is created by a developer as a public school, or is adapted by a developer from
an existing public school, and is operated under public supervision and
direction;
3. Operates in pursuit of a specific set of educational objectives determined by
the school's developer and agreed to by the authorized public chartering
agency;
4. Provides a program of elementary or secondary education, or both;
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5. Is nonsectarian in its programs, admissions policies, employment practices,
and all other operations, and is not affiliated with a sectarian school or
religious institution;
6. Does not charge tuition;
7. Complies with the Age Discrimination Act of 1975, Title VI of the Civil
Rights Act of 1964, Title IX of the Education Amendments of 1972, Section
504 of the Rehabilitation Act of 1973, Title II of the Americans with
Disabilities Act of 1990, and Part B of the Individuals with Disabilities
Education Act;
8. Is a school to which parents choose to send their children, and that admits
students on the basis of a lottery, if more students apply for admission than
can be accommodated;
9. Agrees to comply with the same Federal and State audit requirements as do
other elementary schools and secondary schools in the State, unless such
requirements are specifically waived for the purpose of this program [the
PSCP];
10. Meets all applicable Federal, State, and local health and safety requirements;
11. Operates in accordance with State law; and
12. Has a written performance contract with the authorized public chartering
agency in the State that includes a description of how student performance
will be measured in charter schools pursuant to State assessments that are
required of other schools and pursuant to any other assessments mutually
agreeable to the authorized public chartering agency and the charter school.”
A-3.
What new provisions enacted by NCLB affect the operation of the CSP?
NCLB amended the CSP in two key ways:
 NCLB amended the definition of “eligible applicant” under the CSP to
eliminate the requirement that a charter school developer enter into a
partnership with an authorized public chartering agency in order to qualify for
a CSP start-up grant. Under the new legislation, an eligible applicant that is
not a State Educational Agency (SEA) must (a) apply to an authorized public
chartering agency for a charter; and (b) notify that agency of its application
for CSP funds. The Secretary or the SEA may waive these requirements in
cases where the eligible applicant is applying for a pre-charter planning grant
or subgrant (ESEA § 5210(3); 20 U.S.C. 7221i (3)).
 NCLB amended the CSP by adding a specific provision prohibiting local
educational agencies (LEAs) from deducting funds for administrative fees or
expenses from a subgrant awarded to an eligible applicant, unless the eligible
applicant voluntarily enters into a mutually agreed upon arrangement for
administrative services with the LEA (ESEA § 5204(f)(4)(B); 20 U.S.C.
7221c(f)(4)(B)). This provision puts into law, the Department’s interpretation
of the Office of Management and Budget’s cost principles.
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A-4.
In addition to the provisions of Title V, Part B, Subpart 1 of ESEA, what other
significant Federal statutory and regulatory authorities apply to the CSP?
Recipients of funds under this program should be aware of the following significant
statutory requirements in addition to those in Title V, Part B, Subpart 1 (formerly
Title X, Part C) of the ESEA: (a) the definitions set out in Title IX of ESEA, which
establishes general provisions for all programs authorized under ESEA; (b) Title VI
of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race,
color, and national origin; (c) Title IX of the Education Amendments of 1972, which
prohibits discrimination on the basis of sex; (d) Section 504 of the Rehabilitation Act
of 1973, which prohibits discrimination on the basis of disability; (e) the Age
Discrimination Act of 1975, which prohibits discrimination on the basis of age; (f)
Title II of the Americans with Disabilities Act of 1990, which prohibits
discrimination on the basis of disability by public entities, including public charter
schools and public school districts, regardless of whether they receive Federal
financial assistance; and (g) Part B of the Individuals with Disabilities Education
Act, which requires States to make available a free appropriate public education to
children with disabilities. The Education Department General Administrative
Regulations (EDGAR), Parts 75, 76, 77, 79, 80, 81, 82, 85, and 86 also apply to this
program.
B.
Eligibility and Use of Funds
B-1.
Which SEAs are eligible to apply for a CSP grant?
SEAs in States with a specific State statute authorizing the establishment of charter
schools are eligible to apply for CSP grants. An “eligible applicant” (defined as a
charter school developer that has applied for a charter and notified the charter
granting entity of its application for CSP funds) in such States may apply to the
SEA for a subgrant.
B-2.
What if a State elects not to participate or does not have an application
approved?
If a State elects not to participate in the CSP or is denied funding, an eligible
applicant may apply directly to the Department for a grant. Charter schools located
in States that have not enacted charter school legislation do not qualify as eligible
applicants (ESEA § 5210(1) (A), 5202(a) and (b); 20 U.S.C. 7221i (1) (A)).
B-3.
May the Secretary or the SEA waive any eligibility or application
requirements?
Although the statute permits a charter school to apply for and receive (from the
Secretary or the SEA, as the case may be) waivers of statutory and regulatory
requirements, it prohibits waivers of any requirement relating to the elements of a
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“charter school,” as defined in section 5210(1) of ESEA. As stated in A-3 above,
however, in the case of an application for a pre-charter planning grant, the
Secretary or the SEA may waive the requirements that an eligible applicant (a)
apply for a charter; and (b) notify the charter granting entity of its CSP application.
In accordance with section 5204(e), the eligible applicant must request the waiver
in its CSP application.
B-4.
How may CSP grant funds be used?
SEAs may use CSP funds to award subgrants to charter schools in the State, and
charter schools may use the funds only for post-award planning and design of the
educational program, and for initial implementation of a charter school. Planning
and implementation grants may be awarded for a period of up to three years, with
no more than 18 months used for planning and program design, and no more than
two years used for initial implementation of the charter school. SEAs may also
reserve up to 5 percent of CSP grant funds for administrative expenses related to
operating the charter school grant program, and up to 10 percent of their CSP grant
funds to support dissemination activities. These dissemination activities are carried
out through separate dissemination grants to charter schools and may be awarded
for a period of up to two years.
B-5.
What are dissemination grants?
Dissemination grants are awarded to charter schools to support activities that help
open new public schools (including public charter schools) or share the lessons
learned by charter schools with other public schools. The following activities may
qualify as dissemination activities: (a) assisting other individuals with the planning
and start-up of one or more new public schools, including charter schools, that are
independent of the assisting charter school and its developers and that agree to be
held to at least as high a level of accountability as the assisting charter school; (b)
developing partnerships with other public schools designed to improve student
performance; (c) developing curriculum materials, assessments, and other materials
that promote increased student achievement and are based on successful practices
within the assisting charter school; and (d) conducting evaluations and developing
materials that document the successful practices of the assisting charter school and
that are designed to improve student performance in other schools.
B-6.
Who is eligible to apply for a dissemination grant?
A charter school may apply for a dissemination grant, regardless of whether it has
applied for or received a planning or implementation grant under the CSP, if the
charter school has been in operation for at least three (3) consecutive years and has
demonstrated overall success, including the following: (a) substantial progress in
improving student achievement; (b) high levels of parent satisfaction; and (c) the
management and leadership necessary to overcome initial start-up problems and
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establish a thriving, financially viable charter school. For more information about
dissemination grants, see section 5204(f) (6) of ESEA, 20 U.S.C. 7221c (f) (6).
B-7.
What are some limitations on the use of dissemination funds?
Like all Federal grants, CSP dissemination grants must be used in accordance with
statutory and regulatory requirements. A charter school may not use dissemination
grant funds, either directly or through a contractor, for marketing or recruitment
activities designed to promote itself or the programs offered by it or by a contractor
to parents or the community. In particular, grant funds may be used to develop
materials documenting successful practices of the charter school for the educational
purpose of assisting other public schools in improving student achievement, but not
for the purpose of recruiting students or promoting the program of the school or its
contractor. Any charter school receiving a dissemination grant should provide
thorough and high-quality information that meets the needs of other schools trying
to learn from the charter school’s experience.
B-8.
Is a private school eligible to receive CSP funds?
No, only charter schools that meet the definition of a “charter school” under ESEA
are eligible to receive CSP funds. Section 5210(1) defines a charter school as,
among other things, a “public school” that is created by a developer as a public
school, or adapted by a developer from an existing public school, and operated
under public supervision and direction (§ 5210(1)(B) of ESEA).
B-9.
Is a private school that converts to charter status eligible to receive CSP
funds?
As stated in B-8 above, the statute defines a charter school as a newly created
public school or one adapted from an existing public school. There is no provision
or mechanism in the law that recognizes conversions of private schools into public
charter schools. On the other hand, the statute does not prevent a newly created
public school from using resources previously used by a closed private school or
from involving the parents and teachers who may have been involved in the closed
private school.
It should be noted, however, that any newly created public school must be just that;
it cannot be a continuation of a private school under a different guise. The public
charter school must be separate and apart from any private school. It must be
established as a public school, and comply with applicable State and Federal laws
regarding public schools. In its creation, development, and operation, the charter
school must not have any affiliation “with a sectarian school or religious
institution” (§ 5210(1) (E) of ESEA). Because a newly created public school
would not have any "previously enrolled" students, all students would need to
apply for admission and would have to be selected by lottery if there are more
applicants than spaces available. Similarly, the charter school must inform the
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community of its public school status and have a fair and open admissions process.
B-10. Is a for-profit entity that holds a legal charter eligible to apply for a grant or
subgrant?
A for-profit entity does not qualify as an eligible applicant for purposes of the CSP.
A charter school receiving CSP funds may, however, enter into a contract with a
for-profit entity to have the for-profit entity manage the charter school on a day-today basis. The charter school also must supervise the administration of the CSP
grant and is directly responsible for ensuring that grant funds are used in
accordance with statutory and regulatory requirements. (See EDGAR, Part 75,
Subpart F.)
C. Lottery, Recruitment, and Admissions
C-1.
What is a lottery for purposes of the CSP?
A lottery is a random selection process by which applicants are admitted to the
charter school.
C-2.
Under what circumstances must a charter school use a lottery?
A charter school receiving CSP funds must use a lottery if more students apply for
admission to the charter school than can be admitted. A charter school with fewer
applicants than spaces available does not need to conduct a lottery.
C-3.
Are weighted lotteries permissible?
Weighted lotteries (lotteries that give preference to one set of students over
another) are permitted only when they are necessary to comply with Title VI of the
Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section
504 of the Rehabilitation Act of 1973, the Equal Protection Clause of the
Constitution, or applicable State law.
In addition, a charter school may weight its lottery in favor of students seeking to
change schools under the public school choice provisions of ESEA Title I, for the
limited purpose of providing greater choice to students covered by those
provisions. For example, a charter school could provide each student seeking a
transfer under Title I with two or more chances to win the lottery, while all other
students would have only one chance to win.
C-4.
May a charter school exempt certain categories of applicants from the lottery
and admit them automatically?
A charter school that is oversubscribed and, consequently, must use a lottery,
generally must include in that lottery all eligible applicants for admission. A charter
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school may exempt from the lottery only those students who are deemed to have
been admitted to the charter school already and, therefore, do not need to reapply.
Specifically, the following categories of applicants may be exempted from the lottery
on this basis: (a) students who are enrolled in a public school at the time it is
converted into a public charter school; (b) siblings of students already admitted to or
attending the same charter school; (c) children of a charter school's founders (so long
as the total number of students allowed under this exemption constitutes only a small
percentage of the school's total enrollment); and (d) children of employees in a worksite charter school (so long as the total number of students allowed under this
exemption constitutes only a small percentage of the school's total enrollment).
When recruiting students, charter schools should target all segments of the parent
community. The charter school must recruit in a manner that does not discriminate
against students of a particular race, color, national origin, religion, or sex, or against
students with disabilities; but the charter school may target additional recruitment
efforts toward groups that might otherwise have limited opportunities to participate
in the charter school's programs. Once a student has been admitted to the charter
school through an appropriate process, he or she may remain in attendance through
subsequent grades. A new applicant for admission to the charter school, however,
would be subject to the lottery if, as of the application closing date, the total number
of applicants exceeds the number of spaces available at the charter school.
C-5.
May a charter school create separate lottery pools for girls and boys, in
order to ensure that it has a reasonably equal gender balance?
No, the legislation requires a charter school receiving CSP funds to hold one lottery
that provides qualified students with an equal opportunity to attend the school.
Therefore, a charter school receiving funds under the program is precluded from
holding separate lotteries for boys and girls. Nor may a school weight its lottery in
favor of one gender over another. A school seeking to avoid gender imbalance
should do so by targeting additional recruitment efforts toward male or female
students.
C-6.
May a tuition-based private preschool program that becomes a public
charter school at the kindergarten level permit children enrolled in the
preschool program to continue in the elementary program without
going through a lottery process?
No, because the preschool program is private, charges tuition, and most likely does
not admit all students, allowing its students to gain admission to the elementary
program without going through a lottery process would violate the statute.
Therefore, all applicants to the charter school (the elementary program) would have
to be selected by lottery if there are more applicants than there are spaces available.
However, the statute does not preclude an elementary charter school in this type of
situation from holding its lottery a few years early – e.g., when students are ready
to enroll in the preschool. Under this approach, the charter school would have an
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affirmative responsibility to inform prospective applicants that winning the lottery
would not require them to enroll in the private preschool. Thus, any child selected
through the lottery would be guaranteed a slot in kindergarten, a few years later,
whether or not she or she enrolls in the preschool program.
Additionally, given the high mobility of children and families, schools that choose
to exercise this option should ensure that families new to the area or who were not
aware of the previous lottery are given the opportunity to apply for admission.
Such actions must meet the admissions requirements of the CSP and might include
holding a second lottery to fill vacancies created by normal attrition or failure of
early lottery winners to enroll in the charter school.
C-7. May a charter school receiving its final year of CSP funds select
students for the next school year (when the school will not be receiving
program funds) without using a lottery?
A charter school receiving its final year of CSP funds may select students for the
upcoming school year without using a lottery, provided that the school obligates all
funds under its CSP grant before those students actually enroll in the school. If the
school has carry-over funds or extends its grant period, then it must continue to
meet all program requirements, including the requirement to hold a lottery if it
receives more applications for enrollment than it can accommodate for the
upcoming school year.
C-8
In addition to Title V, Part B, Subpart 1 of the ESEA, what other
statutory or regulatory authorities should a charter school consider
when developing its admissions policies?
To be eligible for Federal start-up grants, a charter school’s admissions practices
must comply with State law and applicable Federal laws. Exemptions from
enrollment lotteries are permissible only to the extent that they are consistent with
the State’s charter school law, other applicable State law, the school’s charter, and
any applicable Title VI desegregation plans or court orders requiring desegregation.
A charter school’s admissions practices must also comply with Part B of the
Individuals with Disabilities Education Act and Federal civil rights laws, including,
but not limited to, Title VI of the Civil Rights Act of 1964; Section 504 of the
Rehabilitation Act of 1973; and Title II of the Americans with Disabilities Act of
1990, as applicable.
C-9.
What are a charter school’s responsibilities with regard to outreach
and recruitment?
Section 5203(b) (3) (I) of ESEA requires CSP applicants to inform students in the
community about the charter school and to give each student “an equal opportunity
to attend the charter school” (20 U.S.C. 7221b (b) (3) (I)). Further, section
5203(b)(3)(E) requires charter schools receiving CSP grants or subgrants to involve
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parents and other members of the community in the planning, program design, and
implementation of the charter school. 20 U.S.C. 7221b (b) (3) (E).
C-10. May a charter school receiving CSP funds set minimum eligibility criteria for
admission to the charter school?
The ESEA does not specifically prohibit charter schools from setting minimum
qualifications for determining who is eligible to enroll in a charter school and, thus,
to be included in the lottery. As stated above, however, charter schools receiving
CSP funds must inform students in the community about the charter school and
give them an “equal opportunity to attend the charter school.”
Thus, a charter school funded under the CSP may set minimum qualifications for
admission only to the extent that such qualifications are: (a) consistent with the
statutory purposes of the CSP; (b) reasonably necessary to achieve the educational
mission of the charter school; and (c) consistent with civil rights laws and Part B of
the Individuals with Disabilities Education Act. CSP grantees should consider
using program funds to assist “educationally disadvantaged” and other students to
achieve to challenging State content and performance standards.
D. Involvement of Religious and Community-Based Organizations With
Charter Schools
D-1.
May a charter school be religious in nature?
No. As public schools, charter schools must be non-religious in their programs,
admissions policies, governance, employment practices and all other operations,
and the charter school’s curriculum must be completely secular. As with other
public schools, charter schools may not provide religious instruction, but they may
teach about religion from a secular perspective. And though charter schools must
be neutral with respect to religion, they may play an active role in teaching civic
values. The fact that some of these values are also held by religions does not make
it unlawful to teach them in a charter school. Furthermore, as discussed below,
faith-based and religious organizations can be involved with charter schools in
many ways, and religious expression by students is allowed in charter schools to
the same extent as in other public schools. See also the Department’s guidance on
Constitutionally protected prayer in public elementary and secondary schools of
ESEA, available at:
http://www.ed.gov/policy/gen/guid/religionandschools/index.html .
D-2.
May charter schools use public funds to support religious programs or
activities?
No. All activities of a charter school must be non-religious, as is the case for all
public schools. Public funds may not be used for religious purposes or to
encourage religious activity. In addition, even if funded by non-public sources,
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religious activity may not be conducted, promoted, or encouraged during charter
school activities by charter school employees or by other persons working with
charter schools. However, to the extent that their involvement promotes academic
learning and the mission of the charter school, religious organizations and their
members may partner with and be involved with charter schools so long as the
charter school’s decision to partner with the religious organization is made without
regard to the religious character or affiliation of the organization and is not
otherwise reasonably perceived as an endorsement of religion.
D-3.
May charter schools enter into partnerships with religious organizations to
provide secular services?
Yes. Like other public schools, charter schools may enter into partnerships with
community groups for secular purposes, such as tutoring or recreational activities.
Religious groups may be partners for these types of activities so long as charter
schools select partners without regard to their religious affiliation, ensure that no
public funds are used for religious purposes, and do not engage in or encourage
religious activity. Charter schools may not limit participation in the partnership to
religious groups or certain religious groups, and they may not select students or
encourage or discourage student participation with particular partners based on the
religious or secular nature of the organization.
D-4.
May charter schools use the facilities of a religious organization?
Yes. A charter school may use the facilities of a religious organization to the same
extent that other public schools may use these facilities. Generally, this means that
a charter school may lease space from a religious organization so long as the
charter school remains non-religious in all its programs and operations. Most
importantly, a landlord affiliated with a religion may not exercise any control over
what is taught in the charter school.
D-5.
May charter schools conduct outreach activities in churches or through
religious organizations?
Yes. A charter school’s outreach and recruitment activities should be designed to reach all
segments of the parent community. Thus, a charter school may conduct outreach or
recruitment activities in churches or through religious organizations as part of a broadbased and balanced effort to inform parents in the community about the charter school and
to recruit a diverse student body.
D-6.
Can community-based organizations and business entities play a role in charter
schools?
Yes. Community-based organizations and businesses can play a positive role in
creating and supporting charter schools. Examples of ways in which non-religious
organizations can get involved in charter schools include helping to plan or design
a new school, developing curriculum and assessment strategies, serving on
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governing boards, participating in the day-to-day management of charter schools,
establishing partnerships with charter schools, and even creating work-site charter
schools. A broad range of community-based organizations and businesses are
currently involved with charter schools, including plastics and automobile
manufacturers; hospitals, museums, and homeless shelters; and courts and social
service agencies. Like all charter schools, charter schools operated by or affiliated
with community-based organizations or business entities must be public schools of
choice, must be non-religious, and must operate in a nondiscriminatory manner.
E. Administrative and Fiscal Responsibilities
E-1.
What are the administrative and fiscal responsibilities of a charter school
grantee under the CSP?
Charter schools receiving CSP grants must comply with applicable statutes,
regulations, and approved applications; and must use Federal funds in accordance
with those statutes, regulations, and applications. Grantees must directly
administer or supervise the administration of the project, and must use fiscal
control and fund accounting procedures that ensure proper disbursement of, and
accounting for, Federal funds. 34 CFR 75.700-75.702.
E-2.
What are the rules governing “conflicts of interest” in the administration of
CSP grants?
CSP grantees must avoid apparent and actual conflicts of interest when
administering grants. Department regulations at 34 CFR 75.525(a) prohibit a
person from participating in an administrative decision regarding a project if (a) the
decision is likely to benefit that person or his or her immediate family member; and
(b) the person is a public official or has a family or business relationship with the
grantee. Section 75.525(b) provides further that a person may not participate in a
project to use his or her position for a purpose that is – or gives the appearance of
being – motivated by a desire for a private or financial gain for that person or for
others. 34 CFR 75.525.
E-3.
What procedures must a CSP grantee follow in order to avoid a “conflict of
interest” when purchasing equipment or services?
When using Federal funds to enter into a contract for equipment or services, a
charter school must comply with the procurement standards set forth in the
Department’s regulations at 34 CFR 74.40-74.48. Those standards require Federal
grant recipients to develop written procurement procedures and to conduct all
procurement transactions in a manner to provide, to the maximum extent possible,
open and free competition. No employee, officer, or agent of the charter school
may participate in the selection, award, or administration of any contract supported
by Federal funds if a real or apparent conflict of interest exists. 34 CFR 74.4274.44.
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APPENDIX H
Family Educational Rights and Privacy Act (FERPA)
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99)
is a Federal law that protects the privacy of student education records. The law applies to all
schools that receive funds under an applicable program of the U.S. Department of Education.
FERPA gives parents certain rights with respect to their children's education records. These
rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the
high school level. Students to whom the rights have transferred are "eligible students."
•
Parents or eligible students have the right to inspect and review the student's education
records maintained by the school. Schools are not required to provide copies of records
unless, for reasons such as great distance, it is impossible for parents or eligible students
to review the records. Schools may charge a fee for copies.
•
Parents or eligible students have the right to request that a school correct records which
they believe to be inaccurate or misleading. If the school decides not to amend the record,
the parent or eligible student then has the right to a formal hearing. After the hearing, if
the school still decides not to amend the record, the parent or eligible student has the right
to place a statement with the record setting forth his or her view about the contested
information.
•
Generally, schools must have written permission from the parent or eligible student in
order to release any information from a student's education record. However, FERPA
allows schools to disclose those records, without consent, to the following parties or
under the following conditions (34 CFR § 99.31):
•
School officials with legitimate educational interest;
•
Other schools to which a student is transferring;
•
Specified officials for audit or evaluation purposes;
•
Appropriate parties in connection with financial aid to a student;
•
Organizations conducting certain studies for or on behalf of the school;
•
Accrediting organizations;
•
To comply with a judicial order or lawfully issued subpoena;
•
Appropriate officials in cases of health and safety emergencies; and
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•
State and local authorities, within a juvenile justice system, pursuant to specific
State law.
Schools may disclose, without consent, "directory" information such as a student's name,
address, telephone number, date and place of birth, honors and awards, and dates of attendance.
However, schools must tell parents and eligible students about directory information and allow
parents and eligible students a reasonable amount of time to request that the school not disclose
directory information about them. Schools must notify parents and eligible students annually of
their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA
bulletin, student handbook, or newspaper article) is left to the discretion of each school.
For additional information or technical assistance, you may call (202) 260-3887 (voice).
Individuals who use TDD may call the Federal Information Relay Service at 1-800-877-8339. Or
you may contact us at the following address:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-4605
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Consistent with the Federal regulation for the Family Educational Rights and
Privacy Act (FERPA), the Delaware Department of Education has enacted the
following regulations: Department of Education 251 and 252.
Title 14 Education
200 Administration and Operations
251 Family Educational Rights and Privacy Act (FERPA)
1.0 Authority and Incorporation of Federal Regulations:
1.1 The Department of Education is authorized by 14 Del.C. §4111, to adopt rules
and regulations regarding the educational records of students in public and private
schools in Delaware. This regulation is intended to govern access to, confidentiality
of, and the amendment of educational records in a manner consistent with the Family
Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. 1232g, and its
implementing regulations at 34CFR part 99, and the Individuals with Disabilities
Education Act, 20 U.S.C. 1400 et seq. and its implementing regulations.
2.0 Use and Adoption of FERPA by School Districts, Charter Schools, and
Private Schools:
2.1 Each school district, charter school and private school shall develop, adopt, and
maintain a written policy regarding the educational records of its students. This policy
shall address access to such records, the confidentiality of such records, and the
method by which the records may be amended. The policy shall comply with FERPA
and its implementing regulations.
2.2 Each school district, charter school and private school shall periodically review
and revise its policy on educational records to ensure continued compliance with
FERPA.
2.3 Nothing is this regulation shall preclude a school district, charter school, or private
school from adopting additional policies regarding educational records so long as
those regulations are consistent with FERPA. Nothing in this regulation shall alter a
school district or a charter school’s duties regarding educational records of children
with disabilities pursuant to the Individuals with Disabilities Education Act.
3.0 State Adoption of FERPA:
3.1 Except as otherwise provided, the Department of Education adopts the federal
regulation implementing FERPA (34 C.F.R. part 99), including any subsequent
amendment or revision to that regulation, to the extent the Department maintains
educational records on students in attendance in Delaware schools.
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3.2 Notwithstanding section 3.1, the Department shall not be required to annually
notify parents or eligible students of their rights under FERPA or this regulation.
School districts, charter schools, and private schools shall continue to be responsible
for such notification. The Department may also disclose directory information from the
educational records it maintains without prior public notification.
3.3 Notwithstanding section 3.1, the Department shall not be required to provide a
hearing to a parent or eligible student seeking to amend their educational records as
provided in Subpart C of the FERPA regulation.
4.0 Federal Complaints and Investigations:
4.1 The Family Policy Compliance Office (“FPCO”) of the U.S. Department of
Education is responsible for monitoring compliance with FERPA by agencies to which
federal education funds have been made available. That office will investigate,
process and review violations and complaints that may be filed with it concerning the
privacy rights of parents and students of covered agencies. The following is the
address of the office: The Family Policy Compliance Office, U.S. Department of
Education, 400 Maryland Avenue, S.W., Washington, D.C. 20202-4605. Families of
students attending schools to which federal education funding has not been made
available may also find FPCO’s interpretations and policy letters useful in
understanding their rights under the policies required by this regulation.
8 DE Reg. 1112 (2/1/05)
207
APPENDIX I
Title 14 Education
200 Administration and Operations
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” shall mean any written direction from a court of competent
jurisdiction directed to the student or affecting the student’s care or custody.
“Discipline Record” shall mean information about any and all periods of out of
school 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 Treatment Card” shall mean 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 811.1.1.
“Identifying Data” shall mean the name of the student, date of birth, sex,
race/ethnicity, address, telephone number, Delaware student identification number
and the name of the parent(s), guardian(s) or Relative Caregiver.
“Progress Report” shall mean 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) scores such as the DSTP and attendance data for each year of
the student’s attendance.
“School Health Record” shall mean the form required by 14 DE Admin Code
811.2.0 for Delaware public school students.
“Student Transcript” shall mean 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) scores such as the DSTP, 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.
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.
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2.1.1 The student Cumulative Record File shall contain the Emergency 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, to the extent the school or district maintains
such documents for an individual student.
2.1.3 In addition, the Cumulative Record File for a child with a disability as defined
in 14 DE Admin Code 925 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.
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.
3.2.2 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 the receiving school is responsible for having the
transcripts evaluated.
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.
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4.2. Contracts for storage of student records of graduates, withdrawals and special
education students for district storage, shall be initiated between the school district
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.
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 925.
8 DE Reg. 1112 (2/1/05)
210
APPENDIX J
Applying Federal Civil Rights Laws
to Public Charter Schools
Questions and Answers
As part of the U.S. Department of Education’s (ED’s) and the U.S. Department of Justice’s
(DOJ’s) efforts to support innovation and choice within the public school system, this
publication provides important information on how public charter schools may be developed and
operated consistent with federal nondiscrimination laws. The purpose of this publication is to
answer civil rights-related questions that charter school developers and operators have raised.
The civil rights principles that apply to charter schools are the same principles that apply to all
public schools. This publication contains no new law. Rather, it is designed to assist charter
school developers and operators by making available a summary of civil rights issues applicable
to public schools.
This publication provides general information that covers a broad range of federal civil rights
issues. It does not seek to answer every question that may arise. In many cases, answers will turn
on the particular facts of a given situation. In others, the law regarding the issue is evolving.
Finally, other state or local civil rights requirements or other federal laws may apply.
For additional information, we encourage you to contact ED’s Office for Civil Rights (OCR) or
visit OCR’s Web site . A list of the addresses and telephone numbers of OCR offices is attached.
DOJ contributed significantly to this document by preparing the portions where DOJ is featured.
Contact information for DOJ and for other federal offices is included where appropriate. OCR
and DOJ can provide technical assistance. Early consultation can help you understand and meet
these requirements.
U.S. Department of Education
Office for Civil Rights
May 2000
211
Background
One of the fastest growing areas of public school reform is the charter schools movement.
Charter schools are public schools under contract – or charter – between a public agency and
groups of parents, teachers, community leaders, or others who want to create alternatives and
choice within the public school system. Charter schools create choice for parents and students
within the public school system, while providing a system of accountability for student
achievement. Charter schools also encourage innovation and provide opportunities for parents to
play powerful roles in shaping and supporting the education of their children. As a result, charter
schools can spur healthy competition to improve public education.
In exchange for increased accountability, charter schools are given expanded flexibility with
respect to select statutory and regulatory requirements. Federal legislation provides support for
the creation of charter schools as a means of promoting choice and innovation within public
school systems. Of course, charter schools, like all public schools and other recipients of federal
financial assistance, must operate consistent with civil rights laws.
The U.S. Department of Education (ED), Office for Civil Rights (OCR) enforces a number of
civil rights laws that apply to public schools, including charter schools. These laws include: Title
VI of the Civil Rights Act of 1964 (Title VI), which prohibits discrimination on the basis of race,
color, or national origin; Title IX of the Education Amendments of 1972 (Title IX), which
prohibits discrimination on the basis of sex in education programs; Section 504 of the
Rehabilitation Act of 1973 (Section 504), which prohibits discrimination on the basis of
disability; and the Age Discrimination Act of 1975, which prohibits discrimination on the basis
of age. These laws apply to programs and activities that receive federal financial assistance. OCR
is also responsible for enforcing Title II of the Americans with Disabilities Act of 1990 (Title II),
which prohibits discrimination on the basis of disability by public entities, including public
schools. Title II applies to public entities, regardless of whether they receive federal financial
assistance. OCR receives and resolves more than 5,000 complaints of discrimination each year
and provides technical assistance on a wide range of issues.
In addition, the U.S. Department of Justice, Civil Rights Division (CRD) works on a variety of
legal issues involving elementary and secondary schools. DOJ enforces in the courts many of the
same statutes that OCR enforces administratively, including Title VI, Title IX, Section 504, and
Title II. DOJ also enforces Title IV and Title VII of the Civil Rights Act of 1964 and the Equal
Educational Opportunities Act of 1974. DOJ may intervene in private suits that allege violations
of education-related anti-discrimination statutes and the Fourteenth Amendment of the U.S.
Constitution. CRD is also responsible for monitoring more than 400 school districts currently
covered by desegregation court orders in over 200 desegregation cases where the United States is
a party.
ED and DOJ support the implementation of charter schools as a valuable way to enhance choice
among public schools and to give more students the opportunity to learn to challenging
standards. This guidance seeks to aid charter school developers and operators in their efforts to
plan, develop, and deliver their important educational programs in a nondiscriminatory manner.
To avoid distraction within this guidance, we have often used acronyms and abbreviations to
substitute for the names of agencies and multiword concepts. The meaning of each is explained
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within the context. For your convenience, we also include the following key to the acronyms and
abbreviation you will find in this publication.
•
CRD – Civil Rights Division, U.S. Department of Justice
•
DOJ – U.S. Department of Justice
•
ED – U.S. Department of Education
•
FAPE – Free appropriate public education
•
IDEA – Individuals with Disabilities Education Act
•
LEA – Local Educational Agency
•
LEP – National-origin minority, limited-English proficient
•
OBEMLA – Office of Bilingual Education and Minority Languages
Affairs, U.S. Department of Education
•
OCR – Office for Civil Rights, U.S. Department of Education
•
OSEP – Office of Special Education Programs, U.S. Department of
Education
•
OSERS – Office of Special Education and Rehabilitative Services,
U.S. Department of Education
•
SEA – State Educational Agency
•
Section 504 - Section 504 of the Rehabilitation Act of 1973
•
Title II – Title II of the Americans with Disabilities Act of 1990
•
Title VI – Title VI of the Civil Rights Act of 1964
•
Title IX – Title IX of the Education Amendments of 1972
213
Responsibilities for Civil Rights Compliance
Perhaps the most common image associated with education is the relationship between a child
and his or her teacher. Of course, public education is that and more. It includes shared
responsibility by many entities, including the school, the school district, and the state, acting in
cooperation with parents. In much the same way, the responsibility for safeguarding the civil
rights of the students, parents, and teachers in a public school, such as your charter school, is
shared and does not fall exclusively on any one individual or agency.
Who is responsible for making sure that my charter school is complying with
federal civil rights laws?
1.
Public schools, including your charter school, are responsible for complying with several federal
civil rights laws, based on their status as recipients of federal financial assistance and as public
entities. Other entities share responsibility for your school’s compliance. If your charter school is
part of a Local Educational Agency (LEA), such as a school district, the LEA is also responsible
for ensuring that your school is complying. Furthermore, if your charter school receives federal
funds through the State Educational Agency (SEA) or an authorized public chartering agency
that receives federal funds, or is chartered by the SEA or its designee, the SEA is also
responsible. The SEA is responsible in all cases for having methods of administration that are not
discriminatory, including procedures for chartering schools.
NOTE: Sources of federal education funds include programs authorized under the Elementary
and Secondary Education Act of 1965, as amended, including the Public Charter Schools
Program.
In general, what are the federal civil rights obligations that apply to public
elementary or secondary schools, including my charter school?
2.
Public schools, including charter schools, must not discriminate on the basis of race, color,
national origin, sex, or disability in any of their programs or activities. The primary federal civil
rights laws addressed in this publication include:
•
Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of
race, color, or national origin;
•
Title IX of the Education Amendments of 1972, which prohibits discrimination on the
basis of sex in education programs;
•
Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis
of disability; and
•
Title II of the Americans with Disabilities Act of 1990, which prohibits discrimination on
the basis of disability.
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NOTE: Other applicable federal civil rights laws not directly addressed in this publication
include:
•
Age Discrimination Act of 1975;
•
Title IV of the Civil Rights Act of 1964;
•
Title VII of the Civil Rights Act of 1964; and
•
Equal Educational Opportunities Act of 1974.
Recruitment and Admissions
Students attend charter schools by choice, but their admission might be subject to certain
qualifications or selection procedures, including a lottery. This is one factor that may distinguish
the operation of your charter school from many other public schools. Although your civil rights
obligations are no different from those of other public school officials, the fact that your students
are not simply assigned to attend your charter school underscores your need to be mindful of the
rights of children and parents in your community when publicizing your school to attract
students and when evaluating their applications for admission.
3.
Do I have any responsibility regarding the recruitment of students in order to be
in compliance with federal civil rights laws?
Yes. When announcing your charter school or conducting outreach, you may not discriminate
against students of a particular race, color, or national origin, or against students with disabilities.
If your charter school is co-educational, then you may not discriminate in recruitment on the
basis of sex. If your charter school recruits students, you should recruit them from all segments
of the community served by the school, including students with disabilities and students of all
races, colors, and national origins. Also, you may target additional recruitment efforts toward
groups that you believe might otherwise have limited opportunities to participate in your
program.
NOTE: Title IX allows single-sex programs, classes, and schools under certain conditions. For
more information, see Question 9
4.
What steps should I take when providing outreach information to parents who
are limited-English proficient?
You must make sure that parents in your community who are not proficient in English have the
opportunity to understand the outreach information provided to other parents. This information
may need to be provided in a language other than English. For example, if outreach materials are
made available to parents, you should provide the content of the materials to parents who do not
understand English in a manner and form they understand. If you conduct public informational
meetings with parents or community groups, you should make sure that limited-English
proficient parents who can be reasonably expected to attend have a meaningful opportunity to
understand what is being presented.
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5.
What steps should I take when providing outreach information to parents with
disabilities?
You must make sure that a parent with a disability has a meaningful opportunity to understand
the outreach information given about the charter school as effectively as other parents.
Appropriate auxiliary aids and services must be made available whenever they are necessary to
ensure effective communication with disabled parents. For example, if outreach materials are
made available to parents, you need to make sure that parents with disabilities have appropriate
access to the content of the materials. If requested, you may need to provide the materials using
alternative formats, such as Braille, large print, or audio cassette. If you conduct public
informational meetings with parents or community groups, those meetings must be physically
accessible to individuals with disabilities. Qualified interpreters or another effective means of
communication must be provided if requested.
6.
What is my obligation to make sure that all students – regardless of race, color, or
national origin – are treated in a nondiscriminatory manner in admissions?
You may not discriminate on the basis of race, color, or national origin in determining whether
an applicant satisfies any admissions requirements. Students with limited-English proficiency
must have the opportunity to meet any appropriate minimum eligibility criterion for admission,
consistent with the mission of the charter school. Eligibility criteria must be nondiscriminatory
on their face and must be applied in a nondiscriminatory manner. If such criteria have a disparate
impact on the basis of race, color, or national origin, then the criteria should be examined to
ensure that they are educationally justified and that no alternative criteria exist that would
equally serve your goals and have a lesser disparate impact. It is important to understand that
disparities alone do not constitute discrimination under Federal law. For more information and
technical assistance, contact the OCR office that serves your state.
If your charter school receives funds under the federal Public Charter Schools Program, you
must use a lottery to admit students if the charter school is oversubscribed.
NOTE: For schools receiving funds under the federal Public Charter School Program, see the
discussion on establishing minimum eligibility criteria for admission and other important
information in Public Charter Schools Program: Non-Regulatory Guidance.
7.
May my charter school consider race in admissions decisions?
A charter school may take race into account in making admissions decisions in limited
circumstances. Race may be used only in a narrowly-tailored way to meet a compelling interest,
such as to remedy discrimination, to promote the educational benefits of diversity, or to reduce
minority-group isolation. The state of the law in this area is undergoing close examination by the
courts. The legal standard that applies to your state may vary, depending on State law and the
federal circuit in which your state is located.
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NOTE: For more information and technical assistance concerning the use of race in
admissions, contact the OCR Office that serves your state and see, for example, the Federal
Register notices on the Magnet Schools Assistance Program application notice.
8.
What is my obligation to make sure that student applicants with disabilities are
treated in a nondiscriminatory manner in admissions?
Under Section 504 and Title II, you may not categorically deny admission to students on the
basis of disability. For example, you may not deny admission to a student with a disability solely
because of that student’s need for special education or related aids and services. Students with
disabilities must have the opportunity to meet any appropriate minimum eligibility criterion for
admission, consistent with the mission of the charter school and civil rights requirements.
NOTE: For more information on civil rights requirements regarding the educational needs of
students with disabilities, see Questions 23 to 30 concerning Services to Students with
Disabilities.
9.
Does Title IX permit single-sex classes, programs, or schools?
An exemption in Title IX permits LEAs to establish single-sex elementary or secondary schools
as long as they are not vocational schools. However, when an LEA establishes a public school
for one sex – unless it is necessary to remedy discrimination – any student excluded based on sex
must have made available comparable courses, services, and facilities, pursuant to the same
policies and criteria of admissions.
The Title IX regulation generally prohibits single-sex classes or programs in co-educational
schools. There are some exceptions, including contact sports, chorus, and portions of classes
dealing with human sexuality. Separate classes may also be provided for pregnant students, but
participation must be voluntary. Title IX also allows for single-sex classes and programs if they
are necessary to remedy discrimination found by a court or OCR, or as a response to conditions
that have limited participation by sex.
NOTE: If you are thinking of establishing a single-sex class, program, or school, we encourage
you to contact your LEA and the OCR office that serves your state for more guidance. ED is
reviewing its Title IX regulation pertaining to single-sex programs and schools.
Schools Affected by
Desegregation Plans or Court Orders
Some school districts have desegregation obligations under plans or court orders that could affect
or be affected by the establishment of your charter school, even if your charter school is its own
LEA. Typically, desegregation plans and court orders are resolutions of past segregative
discrimination by school districts determined by OCR or by the courts, in some instances with
the participation of the U.S. Department of Justice, Civil Rights Division (CRD). If the
217
jurisdiction in which your charter school is located is under a desegregation plan or order, there
are steps you can take to ensure compliance and avoid unnecessary delays.
10.
How do I determine whether my proposed charter school is in a jurisdiction with
a duty to desegregate?
If you are uncertain whether your charter school is in a jurisdiction that is covered by an existing
desegregation plan or court order, you may contact several entities for assistance. First, to
determine if there is an applicable court order where the United States is a party to the case, you
may contact the appropriate LEA, your SEA, or CRD. To assist you in this process, CRD has
provided your chief state school officer with a list of the LEAs in the state that are subject to
such a court order. Second, to determine if there is an applicable OCR Title VI desegregation
plan, you may contact the appropriate LEA or the OCR office that serves your state.
You should also know that there are other desegregation plans and orders that do not involve
CRD or OCR. These desegregation plans and orders only involve private parties in state or
federal courts, or state agencies that have ordered districts to desegregate.
In some states and school districts there may also be other obligations under state or local laws or
policies, such as those to promote integration or diversity, that could affect or be affected by your
charter school. In these cases, you should consult your SEA or the appropriate LEA to determine
whether the jurisdiction has a desegregation obligation.
NOTE: If you have questions about a desegregation court order where the United States is a
party to the case, you may contact CRD at 202-514-4092. If you have questions about a Title VI
desegregation plan, you may contact the OCR office that serves your state. A list of OCR offices
is attached.
11.
What steps should my LEA or I take in order to establish a school that complies
with an existing desegregation plan or court order?
The establishment of any new public school, including a new charter school, in a jurisdiction
with a duty to desegregate must be consistent with the LEA’s obligations under its desegregation
plan or court order. Alternatively, it is possible to seek a modification of the applicable plan or
order. If you are establishing a charter school in a jurisdiction that is under an OCR Title VI
desegregation plan, OCR should be consulted on any applicable Title VI obligations. Similarly,
CRD should be contacted if you are establishing a charter school in a jurisdiction under a
desegregation court order in which the United States is a party to the case. You, the appropriate
LEA, or your chartering authority may contact these agencies. Early consultation will speed the
process for your charter school proposal and can avoid unnecessary delay or disruption in the
future. Review of any new school by a court or OCR involves a case-by-case, fact-bound
determination that takes into account the particular charter school’s impact on the ability of the
appropriate LEA to comply with its unique desegregation obligations.
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12.
What information is needed for this consultation process to be effective?
As a first step, you should provide a copy of the charter school application to either OCR or
CRD. In general, OCR and CRD are interested in the effect a new public school will have on the
appropriate LEA’s obligations. Your charter application will contain at least some of the
information needed to make this determination, such as those items listed below.
Because charter school applications vary from state to state, and because each court order and
OCR Title VI desegregation plan is different, CRD or OCR may need more information than is
included in your charter application. The information below is especially helpful to CRD or OCR
in evaluating the impact of your school on the LEA’s desegregation obligations, although
additional information may be necessary:
•
theme and target population;
•
recruitment and admissions processes;
•
proposed location;
•
enrollment capacity of the school;
•
projected racial composition of students, faculty, and staff for the coming school year;
and
•
impact on racial composition of students at other schools in the LEA.
13.
In the case of a court order, what does CRD do with this information?
If your jurisdiction is under a desegregation court order where the United States is a party to the
case, you should consult with CRD. When CRD receives information on your charter school, it
will review your submission, its own files, and any other readily available information to see if
these sources provide enough data to reach a position about the charter school’s impact on
compliance with the desegregation order. If more information is needed, CRD will contact you
and the appropriate LEA to request the additional information.
In many cases, the limited number of students enrolled in a charter school does not have a
significant impact on the attendance patterns and enrollment in the appropriate LEA’s other
schools, and does not adversely affect compliance with the desegregation order. In such cases,
and in other cases where CRD concludes there is no adverse impact, CRD will advise you and
the appropriate LEA that it has no objection to the proposed operation of the charter school.
If CRD’s review of the information raises concerns about compliance with the desegregation
order, CRD may offer suggestions and modifications that address these concerns, where
appropriate.
219
NOTE: When an LEA is subject to a desegregation court order, it is the court, not DOJ, that
determines whether or not to approve a new school. Where approval is required, the court will
ask the other parties to the case, including DOJ, for their views.
14.
Who is responsible for notifying the court about a new charter school to obtain
court approval when required?
If your jurisdiction is under a desegregation court order, the appropriate LEA may need to have
the court approve any new school, including a charter school. Where court approval is required,
charter school developers should contact their LEA or SEA for information on how best to
obtain the approval of the court. Where appropriate, CRD may be able to make a joint motion
with a charter school or LEA to seek court approval for a new charter school. However, CRD
can not represent charter school developers before the court, and can not submit motions on their
behalf.
15.
In the case of a desegregation plan, what does OCR do with this information?
If your jurisdiction is under an OCR desegregation plan, you should consult with the OCR office
that serves your state. After OCR receives information on your charter school, we promptly
examine it along with the Title VI desegregation plan and any other readily available information
to determine if establishing the new school would be consistent with the appropriate LEA’s Title
VI obligations. If OCR needs more information, we will contact you and the appropriate LEA. In
many cases, a charter school does not adversely affect compliance with the OCR Title VI
desegregation plan because the limited number of students enrolled has a minimal effect on the
attendance patterns and enrollment in the LEA’s other schools. In such cases, and in other cases
where OCR concludes there is no adverse impact, OCR will advise you and the appropriate LEA
that it has no objection to the proposed operation of the charter school.
If OCR’s review of the information raises concerns about compliance with the LEA’s Title VI
obligations, OCR may offer suggestions and modifications that address these concerns, where
appropriate.
Selection of Facilities to Provide
Access to Students with Disabilities
For some people with physical disabilities, an otherwise outstanding program may as well not
exist if it is located in an inaccessible facility. Section 504 and Title II require that persons with
disabilities have access to the programs and activities offered at public schools. Because charter
schools often open in older buildings that may lack attention to accessible design or in
contemporary or renovated buildings that were not originally designed for use as public schools,
it is important that you be aware of these requirements.
220
16.
Are there requirements for physical access that apply when I select the facilities
that will house my charter school?
Yes. An LEA (including your charter school if it is its own LEA) may not deny persons with
disabilities, including parents and students, the benefits of programs and activities offered at its
schools because of inaccessible facilities. The selection of the facility for your charter school
may not result in excluding or limiting enrollment of people with disabilities from any school
program or activity.
NOTE: The program accessibility requirements of Section 504 and Title II often involve
complex issues. For technical assistance regarding accessible programs and facilities, please
contact the OCR Office that serves your state.
17.
Are there different legal requirements that apply to charter schools located in
existing facilities as compared to newer facilities?
Yes. For existing facilities, a charter school’s programs and activities, when viewed in their
entirety, must be readily accessible to individuals with disabilities. Both the Section 504 and
Title II regulations permit considerable flexibility in meeting this legal standard. For example,
structural changes are not required in existing facilities if nonstructural methods are effective in
achieving program accessibility.
For new construction and alterations, Section 504 and Title II require that a new or altered
facility (or the part that is new or altered) must be readily accessible to and usable by individuals
with disabilities. The focus here is on providing physical access to buildings and facilities in
addition to programs and activities. This means you must make sure that a child with a physical
disability has access to every part of the new building or the parts that are newly-altered.
For example, if your charter school is in a new building, all parts of the building, including the
third-floor chemistry labs, must be accessible for use by persons with disabilities. In contrast, if
your charter school is in an existing facility, you might be able to meet the program accessibility
requirement by locating at least one chemistry lab in an accessible location like the first floor.
18.
How do I know if a building is considered an existing facility or new
construction?
Any building or alteration by or on behalf of your LEA or your charter school for which
construction began since June 1977, is considered new. Any construction or alteration that was
not done by or on behalf of your LEA or charter school is likely to be considered an existing
facility, regardless of its age.
NOTE: Any construction that began before June 4, 1977, is considered existing. Any
construction or alteration by or on behalf of your LEA or charter school that began after
January 26, 1992, is considered new. Construction that began on or between those two dates is
new under Section 504 and existing under Title II. In these cases, the more stringent standard for
new construction would apply.
221
19.
What should I consider when acquiring the space in which I operate my
program?
In summary, when you purchase, take title to, lease, or rent a facility, you are encouraged to look
for the most accessible space available. At a minimum, you must make sure that the educational
program, when viewed in its entirety, is readily accessible to and usable by individuals with
disabilities, in accordance with the requirements for existing facilities. Construction or alteration
initiated by you or for your charter school must also meet standards for new construction.
Educating Students Who Are
Limited-English Proficient
A growing number of students in the public school population are national-origin minority
students who are limited-English proficient (LEP). These children include recent immigrants to
the United States, and other children raised with languages other than English. Generally, these
children’s limited ability to speak, read, write, and understand English well enough to participate
meaningfully is a barrier to their educational success. Federal civil rights law requires that public
schools provide LEP children appropriate services designed to teach them English and the
general curriculum.
20.
What civil rights requirements apply if there are LEP students attending my
charter school?
In Lau v. Nichols, the U.S. Supreme Court held that school districts must take affirmative steps
to help LEP students overcome language barriers so that they can participate meaningfully in
each school district’s programs. Under Title VI, public schools and LEAs must identify LEP
students and provide them educational services so they can learn English-language skills and
acquire the knowledge and skills in academic content areas that all students are required to know.
Public schools are not required to adopt any particular model of instruction for LEP students.
However, where a program is necessary to ensure equal educational opportunity for LEP
students, it must be based on a sound educational theory, adequately supported with qualified
staff and adequate resources so that the program has a reasonable chance for success, and
periodically evaluated and revised, if necessary.
21.
Are there federal funds available to help me educate LEP students?
Yes. A wide variety of resources are available to help you serve your charter school’s LEP
students. In addition to receiving general educational funds and state and local funds
appropriated for the education of LEP students, LEAs may qualify for Federal financial
assistance. For example, like any public school, your charter school might qualify for funds from
Title I, Title VII, or other titles of the Elementary and Secondary Education Act of 1965, as
amended. These grant funds may be used to supplement the services that the LEA is required to
provide using state and local educational funds. Title I is administered by ED’s Office of
Elementary and Secondary Education (OESE). There are specific requirements that you must
222
meet in order to receive Title I funds. Contact your SEA to find out if your charter school is
eligible for these funds. LEAs may apply for Title VII funds from ED’s Office of Bilingual
Education and Minority Languages Affairs (OBEMLA).
Your charter school might also join with other charter schools or work with LEAs to share
qualified staff and other resources. Keep in mind that the obligation to educate LEP students is
the same regardless of whether special funds or resources are available.
NOTE: Title I provides assistance to at-risk children in high-poverty schools. For further
information on Title I, visit OESE’s World Wide Web site. Title VII helps LEAs meet their needs
and objectives related to improving the instruction of LEP students. For further information on
Title VII, visit OBEMLA’s Web site.
22.
What must I do to make sure that limited-English proficient parents of students
in my school are provided with information about school activities?
Like operators of other public schools, you must ensure that language-minority parents who are
not proficient in English receive the same information provided to other parents, in a manner and
form they understand. This may include information about their children’s program, progress,
and disciplinary problems, as well as information about the school’s rules, policies, and
activities. This information may have to be provided in a language other than English for parents
who are not proficient in English.
NOTE: You may find assistance through real-time interpreting services, such as those provided
by telecommunications companies.
Educating Students
with Disabilities
Some children arrive at school with disabilities that affect their participation in the educational
program. Sometimes, these disabilities are known; sometimes they remain hidden until a parent
or teacher raises a concern. The challenge for all public schools is to identify children with
disabilities, assess their individual needs, and provide appropriate educational services without
undue delay.
23.
What civil rights requirements apply to my charter school for the education of
students with disabilities?
Under Section 504 and Title II, students with disabilities enrolled in public schools, including
your charter school, are entitled to a free appropriate public education (FAPE). The Section 504
regulation includes several substantive and procedural requirements regarding the provision of
FAPE. Among these requirements is that a student with a disability must receive appropriate
regular or special education and related aids and services. The requirement is designed so that the
individual educational needs of the disabled student are met as adequately as the needs of
nondisabled students.
223
24.
Are there federal funds available to help me meet my obligation to educate
students with disabilities?
Yes. Your charter school might benefit from federal funds available under the Individuals with
Disabilities Education Act (IDEA). The IDEA is a federal law that provides funds to SEAs, and
through them to LEAs, to help schools serve students with disabilities. There are specific
requirements of the IDEA that you must meet in order to receive these federal funds. Contact
your SEA to find out if these funds are available to you.
Like Section 504 and Title II, the IDEA has FAPE requirements. In general, if you satisfy the
FAPE requirements under the IDEA, then you will be in compliance with the FAPE
requirements of Section 504 and Title II. The IDEA, which has distinct requirements that are not
discussed in detail in this publication, is administered by ED’s Office of Special Education and
Rehabilitative Services (OSERS).
NOTE: For further information on the IDEA and its requirements, contact OSERS’ Office of
Special Education Programs (OSEP) at 202-205-5507; or visit OSEP’s World Wide Web site.
25.
Are there additional ways to help me meet my obligations under Section 504 and
Title II?
Yes. In addition to providing federal funds to eligible entities, the IDEA allows a state the
flexibility to designate some other entity as responsible for ensuring that the requirements of the
IDEA are met for children with disabilities enrolled in public schools. Where you are meeting
your charter school’s Section 504 and Title II FAPE responsibilities through compliance with
IDEA requirements, the IDEA’s flexibility could help you meet your charter school’s Section
504 and Title II FAPE responsibilities. Generally, if a state designates another entity as
responsible for ensuring that all of the IDEA requirements are met for eligible disabled children
enrolled in a particular charter school, that designated entity would ensure that FAPE is provided
to each of those students, generally at the charter school site.
NOTE: Contact your SEA to learn whether your state makes this flexibility available to your
charter school.
26.
Could a child be protected by Section 504 and Title II but not be eligible to
receive services under the IDEA?
Yes. Some students with disabilities are protected by Section 504 and Title II, but are not eligible
to receive services under the IDEA because they do not need special education. One example
would be a child with juvenile rheumatoid arthritis who requires the periodic administration of
medication during the school day, but who does not need any special education services. The
child may have the right to FAPE under Section 504 and Title II, even though the child is not
eligible for services under the IDEA.
NOTE: Under Section 504 and Title II, an individual with a disability is an individual who
either has a physical or mental impairment that substantially limits one or more major life
224
activities (such as learning), has a record of such an impairment, or is regarded as having such
an impairment.
27.
May I limit the participation of students with disabilities to certain aspects of my
charter school’s program?
No. Consistent with civil rights requirements, students with disabilities must be provided a range
of choices in programs and activities that is comparable to that offered to students without
disabilities. This includes an opportunity to participate in a range of nonacademic or
extracurricular programs and activities offered at your charter school.
28.
Is a student with a disability required to be educated with students without
disabilities?
A student with a disability must be educated with nondisabled students to the maximum extent
appropriate for the disabled student. The education of students with disabilities must be designed
to meet their individual needs. A student with a disability may be placed in a setting outside the
regular classroom only if the regular educational environment – including using supplementary
aids and services – cannot satisfactorily meet the student’s educational needs. The group making
placement decisions is responsible for selecting the setting that satisfies these requirements.
NOTE: The Section 504 regulation requires that any placement decision be made by a group of
persons, including persons knowledgeable about the child, the meaning of the evaluation data,
and the placement options.
29.
What do I need to do when a student enrolled in my charter school is believed to
have a disability?
When a student is believed to have a disability, your charter school, like any public school, must
initiate the procedures established by your SEA or by your LEA (if your charter school is a part
of the LEA) to identify and refer the student for evaluation in a timely manner.
30.
What other rights and responsibilities are included in the provision of FAPE
regarding student identification, evaluation, and placement?
Under Section 504 and Title II, students with disabilities, and their parents or guardians, are
entitled to due process from the LEA concerning student identification, evaluation, and
placement. Simply stated, due process is procedural fairness. In the context of FAPE, due
process includes notice, the opportunity for review of records, the right to request an impartial
hearing with representation by counsel, and a procedure for review. In general, by complying
with the relevant IDEA procedural-safeguard requirements, an LEA is complying with these
Section 504 and Title II requirements.
225
Endnotes
The information provided in this document discussed the application of federal civil rights laws
to charter schools. As stated above, the document discusses the application of existing law, and
does not set forth new law. These same civil rights laws apply to all public schools, including
charter schools. The following endnotes provide citations and background information to the
major points addressed in this document. Numbers correspond to the answers in this document.
These endnotes are not meant to be an exhaustive list of existing regulations or case law, but a
brief, helpful summary and restatement of relevant federal civil rights laws. If you have further
questions, please contact the OCR office that serves your state. A list of OCR offices is attached.
Responsibilities for Civil Rights Compliance
1.
The federal civil rights laws and the implementing regulations that OCR enforces
include: 42 U.S.C. § 2000d et seq., 34 C.F.R. Part 100 (1999) (Title VI); 29 U.S.C. §
1681 et seq., 34 C.F.R. Part 106 (1999) (Title IX); 29 U.S.C. § 794 et seq., 34 C.F.R.
Part 104 (1999) (Section 504); 42 U.S.C. § 12101 et seq., 28 C.F.R. part 35 (1999)
(Title II); 42 U.S.C. § 6101 et seq., 45 C.F.R. Part 90 (1999) (Age Discrimination Act).
(All subsequent citations in this document from the Code of Federal Regulations
(C.F.R) are also from the 1999 edition.)
2.
There are other federal civil rights statutes that apply to public schools, which are not
addressed in this publication. These include, but are not limited to:
•
Title IV of the Civil Rights Act of 1964, 42 U.S.C. § 2000b et seq., which
authorizes the Attorney General to institute civil actions alleging discrimination
on the basis of race, color, sex, religion or national origin by public elementary
and secondary schools and public institutions of higher learning.
•
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., which
prohibits employment practices that discriminate on the grounds of race, sex,
religion, and national origin.
•
The Equal Educational Opportunities Act of 1974 (EEOA), 20 U.S.C. § 1701 et
seq., which prohibits specific discriminatory conduct, including segregating
students on the basis of race, color or national origin, and discrimination
against faculty and staff. The EEOA also requires school districts to take action
to overcome students’ language barriers that impede equal participation in
educational programs.
Recruitment and Admissions
3.
For regulations that generally address nondiscrimination in recruitment, see: 34 C.F.R.
§ 100.3(b); 34 C.F.R. § 106.23; 34 C.F.R. §106.36; 28 C.F.R. § 35.130; 34 C.F.R. §
104.4(b). For regulations which govern targeted recruitment, see: 34 C.F.R. § 100.3(b)
(6) (i) (ii); 34 C.F.R. § 106.3 (a)-(b); 34 C.F.R. § 104.6(a)-(b); 45 C.F.R. § 90.49.
4.
For documents supporting outreach to limited-English proficient parents, see:
Identification of Discrimination and Denial of Services on the Basis of National
Origin, 35 Fed. Reg. 11595 (1970) (hereinafter OCR 1970 memorandum) (requires
226
adequate notice to LEP parents of school activities); Policy Update on Schools’
Obligations Toward National Origin Minority Students with Limited-English
Proficiency (9/27/91) (hereinafter OCR 1991 memorandum) at 8 (discussing
notification to parents of LEP students in specialized programs). OCR’s policy on the
requirements for LEP students are encompassed in three documents: the 2 documents
listed above along with The Office for Civil Rights’ Title VI Language Minority
Compliance Procedures (initially issued 12/3/85, reissued without change 4/6/90).
These three documents should be read together and are available through your OCR
office.
5.
For regulations related to outreach for parents with disabilities, see: 28 C.F.R. §
35.160; 28 C.F.R. § 35.104 (1)-(2). See also 34 C.F.R. § 104.4(b).
6.
For regulations regarding non-discriminatory treatment in admissions, regardless of
race, color and national origin, see: 34 C.F.R. § 100.3(b) (1) (v); 34 C.F.R. § 100.3(b)
(2). Also read Guardian’s Association v. Civil Service Commission, 463 U.S. 582
(1983) (holding disparate impact standard as valid). Many courts use the term "equally
effective" (see, for example, Georgia State Conf. of Branches of NAACP v. Georgia,
775 F.2d 1403, 1417 (11th Cir. 1985)) and "comparably effective" (see, for example,
Elston v. Talladega County Bd. of Educ., 997 F.2d 1394, 1407 (11th Cir. 1993)) when
discussing whether alternative criteria serve the educational goals; the courts appear to
use the terms synonymously. Also helpful is 34 C.F.R. 100, Appendix B, part K
(Guidelines for Eliminating Discrimination and Denial of Services on the Basis of
Race, Color, National Origin, Sex and Handicap in Vocational Education Programs).
For admissions requirements concerning LEP students, see OCR 1991 memorandum at
pages 8-9 (LEP students cannot be categorically excluded from specialized programs
unless the particular program requires proficiency in English for meaningful
participation).
7.
The list of cases discussing the use of race is lengthy. For the general principles
regarding the use of race, see, for example, Adarand Constructors, Inc. v. Peña, 515
U.S. 200 (1995) (holding that use of race must serve a compelling legal interest and be
narrowly tailored to serve that interest). Elimination of discrimination is a compelling
government interest that can justify race-conscious measures. See, for example, United
States v. Fordice, 505 U.S. 717 (1992). The Supreme Court and other courts have
recognized other compelling interests. See, for example, Regents of University of
California v. Bakke, 438 U.S. 265, 311-14 (1978) (opinion of Powell, J.) (Promotion
of educational benefits of diverse student body furthers a compelling state interest
justifying use of race in university admissions). See, for example, Wittmer v. Peters,
87 F.3d 916, 919 (7th Cir. 1997), cert. denied, 117 S. Ct. 949 (1997) (finding a
compelling interest in the use of use of race in maintaining the integrity of correctional
facility’s boot camp program). But see, for example, Hopwood v. State of Texas, 78
F.3d 932, 944-948 (5th Cir.), cert. denied, 518 U.S. 1033 (1996) (University interest in
attaining diverse student body does not constitute a compelling governmental interest
to justify use of race in law student selection). Other courts have assumed for the sake
of argument that diversity is a compelling legal interest, but struck down the use of
race in admissions on the grounds that the specific policy challenged was not narrowly
tailored to meet the diversity interest. See, for example, Wessmann v. Gittens, 160
227
F.3d 790, 795-799 (1st Cir. 1998).
Congress has also recognized that the elimination of racial isolation has significant
benefits. See 20 U.S.C. §§ 7201-7213 (Magnet School Assistance Program). For
additional helpful background information on this topic, see: Adarand Memorandum to
General Counsels from Assistant Attorney General Walter Dellinger (6/28/95); 34
C.F.R. § 100.3(b) (6) (i) and (ii); 59 Fed. Reg. 8756 (02/23/1994) (Title VI and
applicability to financial aid); Bakke Notice, 44 Fed. Reg. 58509 (10/10/79).
8.
The regulations related to admissions of students with disabilities include: 34 C.F.R. §
104.4(a)-(b); 28 C.F.R. § 35.130(a); 28 C.F.R. § 35.104 (1)-(2).
9.
The regulations that address single-sex courses, activities, programs and schools are:
34 C.F.R. § 106.34 (single-sex courses); 34 C.F.R. § 106.35 (single-sex schools); 34
C.F.R. § 106.3(a)-(b) (single-sex activities/programs). The Supreme Court has also
addressed the legality of single-sex institutions. See, for example, United States v.
Virginia, 518 U.S. 515, 531 (1996) (parties who seek to defend gender-based
government action must demonstrate an "exceedingly persuasive justification").
Schools Affected by Desegregation Plans or Court Orders
10.
For a discussion of de jure segregation in public schools, see generally, for example,
Swann v. Charlotte-Mecklenberg Board of Education, 402 U.S. 1 (1971); Green v.
County School Board of New Kent County, 391 U.S. 430 (1968); Brown v. Board of
Education, 347 U.S. 483 (1954). See also: 34 C.F.R. § 100.4 (c) (2) (OCR plans); 34
C.F.R. § 100.4(c) (1) (court orders). To examine more recent Supreme Court school
desegregation cases, in particular unitary status, see, for example, Jenkins v. Missouri,
515 U.S. 70 (1995); Freeman v. Pitts, 503 U.S. 467 (1992); Board of Education of
Oklahoma City v. Dowell, 498 U.S. 237 (1991).
If a charter school is its own LEA, it still could affect a desegregation plan or court
order. Two Supreme Court cases which provide support are: Wright v. Council of
Emporia, 407 U.S. 451, 460-462 (1972) (Even if there is no discriminatory intent, a
new school district could not be created if its effect would be to impede progress of
dismantling the existing dual system); United States v. Scotland Neck City Bd. of Ed.,
407 U.S. 484 (1972) (Whether action affecting dismantling of dual school system is by
legislature or school district is immaterial, criterion is whether the dismantling of dual
system is furthered or hindered).
11.
For cases dealing specifically with charter schools and school desegregation, see, for
example, Berry v. School District of the City of Benton Harbor, 56 F.Supp.2d 866, 872
(W.D. Mich 1999) (holding charter school has same burdens as other public schools in
district subject to court’s remedial order); Beaufort County Board of Education v.
Lighthouse Charter School et. al., 516 S.E.2d 655, 659 (S.C. 1999) (holding valid a
school board finding that charter school applicant failed to adhere to same remedial
requirements as other public schools in the district under OCR Title VI desegregation
plan); Davis v. East Baton Rouge Parish School Board, et al, C.A. No. 56-1662 (M.D.
La. 1999) (stating that charter schools in district remain subject to court’s orders
relating to desegregation of district). Courts are guided by the general principle
established in Wright and Scotland Neck, both discussed in note 10.
228
12.
As stated before, it is the effect of the action, not the intent, that determines whether
new schools comply with school desegregation decrees. See: Wright and Scotland
Neck, both discussed in note 10. For more discussion on how charter schools can meet
school desegregation requirements, see, for example, Benton Harbor, discussed in note
11 (court approved a charter school since it provided sufficient information; ordered it
to undertake recruitment steps that would guarantee a population to approximate racial
characteristics of district). Generally, see also: 34 C.F.R. § 100.3(b) (2); 34 C.F.R. §
100.3(b) (3).
13.
See the endnote discussing the answer to question 12.
14.
See the endnotes discussing the answers to questions 10-12.
15.
See the endnote discussing the answer to question 12.
Selection of Facilities to Provide Access to Students with Disabilities
16.
For requirements involving physical accessibility to schools, see: 34 C.F.R. § 104.21;
28 C.F.R. § 35.149.
17.
For regulations involving existing facilities as opposed to new facilities, see: 34 C.F.R.
§§ 104.22-23; 28 C.F.R. §§ 35.150-151. For additional background information, see:
Uniform Federal Accessibility Standards; Americans with Disabilities Act
Accessibility Guidelines; American National Standards Institute A117.1-1961
(R1971).
18.
The regulations that distinguish new facilities from existing ones are: 34 C.F.R. §
104.23 (c); 28 C.F.R. § 35.151.
19.
To assist you in choosing the space where you operate your charter school, you should
read: 34 C.F.R. §§ 104.21-23; 28 C.F.R. §§ 35.149-151.
Educating Students Who Are Limited-English Proficient
20.
The legal support for taking affirmative steps in educating LEP students are: Lau v.
Nichols, 414 U.S. 563 (1974); 34 C.F.R. § 100.3(b) (2); OCR 1970 memorandum (35
Fed. Reg. 11595, 07/18/70) (cited with approval in Lau). For the legal standard
regarding the instructional program for LEP students, see: Casteneda v. Pickard, 648
F.2d 989, 1009-1010 (5th Cir. 1981) (decided under EEOA framework and applied in
OCR Title VI analysis, OCR 1991 Memorandum at 12-15).
21.
The relevant statute is the Improving America’s Schools Act of 1994, P.L. 103-382
(10/20/94), 108 Stat. 3518. 20 U.S.C. § 6301-6514 (Title I); 20 U.S.C. § 7401-7602.
(Title VII).
22.
The OCR 1970 memorandum, set out more fully in note 4, specifically addresses this
issue. See also 34 C.F.R. § 100.3(b) (2).
Educating Students with Disabilities
23.
For regulations dealing with the civil rights requirements of providing a free
appropriate public education, read: 34 C.F.R. § 104.33; 28 C.F.R. § 35.130(b) (1) (iv).
24.
The regulations of the IDEA are at: 34 C.F.R. Part 300. If a school satisfies the FAPE
requirement under IDEA, it is in compliance with FAPE under 504 and Title II. See:
229
34 C.F.R. § 300.13; 34 C.F.R. § 104.33(b) (2).
25.
The regulation discussing the flexibility of IDEA is 34 C.F.R. § 300.312.
26.
For discussion of how a student could be protected under Section 504 and Title II, but
not be eligible for IDEA services, see in general: 34 C.F.R. § 104.3(k) (2); 34 C.F.R. §
300.7. The definition of a person with a disability can be found at 34 C.F.R. § 104.3(j);
28 C.F.R. § 35.104.
27.
For discussion of participation of students with disabilities in nonacademic services,
see: 34 C.F.R. § 104.37; 34 C.F.R. § 104.34(b).
28.
The regulations addressing the educational placement of students with disabilities are:
34 C.F.R. § 104.4(b) (2); 34 C.F.R. § 104.34(a).
29.
The regulation that addresses when a student is believed to have a disability is 34
C.F.R. § 104.35(a).
30.
Other rights and responsibilities included in the provision of FAPE are discussed at 34
C.F.R. § 104.36.
230
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Security
Principal Boards and Commissions
Education
- Board of Education
- Elections
- Exceptional Citizens
- Fire Prevention
- Parole
(1) Judiciary - All Judges are appointed
by the Governor with the consent of the Senate.
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