reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 14 - Education › Chapter 30A. The Delaware Child Care Act › § 3003A. Office of Child Care Licensing; powers [Effective July 1, 2024].

§ 3003A. Office of Child Care Licensing; powers [Effective July 1, 2024].
(a) (1) The Office of Child Care Licensing is established within the Department of Education to do all of the following:
a. Promulgate and enforce regulations for child care.
b. License child care facilities.
c. Develop and implement policies and procedures for ensuring compliance with child care regulations.
(2) An individual or entity shall provide OCCL or OCCL's authorized agents right of entrance, privilege of inspection, and access to the individual's or entity's accounts and reports.
(b) [Repealed.]
(c) OCCL may prescribe and enforce, by regulation or otherwise, any reasonable standards for the conduct of child care facilities and shall license child care facilities that conform to the standards. Regulations promulgated under this chapter must include all of the following:
(1) Any application form required to apply for licensure under this chapter.
(2) The specific requirements to obtain, retain, or renew a license under this chapter.
(3) Due process provisions that provide all of the following:
a. That notice is required when a deficiency is alleged.
b. The informal and formal procedures to contest an alleged deficiency.
82 Del. Laws, c. 184, § 3;  83 Del. Laws, c. 249, § 2;  83 Del. Laws, c. 277, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 30A. The Delaware Child Care Act › § 3005A. Penalties for violations [Effective until July 1, 2024].

§ 3005A. Penalties for violations [Effective until July 1, 2024].
(a) The Office of Child Care Licensing may impose civil penalties not to exceed $100 for each violation of § 3004A of this title.
(b) The Office of Child Care Licensing may proceed for the collection of the money civil penalty not otherwise paid through an action brought by the Office of Child Care Licensing in any court of competent jurisdiction.
(c) Anyone who violates a provision of this chapter may be fined not more than $100 or imprisoned not more than 3 months, or both.
82 Del. Laws, c. 184, § 3;  83 Del. Laws, c. 249, § 4;  83 Del. Laws, c. 277, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 30A. The Delaware Child Care Act › § 3005A. Penalties for violations [Effective July 1, 2024].

§ 3005A. Penalties for violations [Effective July 1, 2024].
(a) OCCL may impose civil penalties not to exceed $1,000 for each violation of § 3004A of this title.
(b) OCCL may proceed for the collection of the monetary civil penalty not otherwise paid through an action brought by OCCL in any court of competent jurisdiction.
(c) An individual or entity that violates this chapter may be fined not more than $1,000 or imprisoned not more than 6 months, or both.
82 Del. Laws, c. 184, § 3;  83 Del. Laws, c. 249, § 4;  83 Del. Laws, c. 277, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 30A. The Delaware Child Care Act › § 3006A. Provider Advisory Board; appointments; composition; terms; vacancies [Effective until July 1, 2024].

§ 3006A. Provider Advisory Board; appointments; composition; terms; vacancies [Effective until July 1, 2024].
(a) There is hereby established within the Office of Child Care Licensing, a Provider Advisory Board.
(b) The Board shall consist of 7 members, who are residents of this State and are appointed by the Governor. The following shall be members of the Board:
(1) One provider from a family child care home from each of New Castle County, Kent County and Sussex County.
(2) One director/owner of a private child care center from each of New Castle County, Kent County and Sussex County.
(3) One provider from a family child care home or 1 director/owner of a private child care center from the City of Wilmington.
(4) At least 1 of the members of the Board appointed pursuant to this subsection (b) shall be from a Boys and Girls Club or YMCA within this State. For purposes of this subsection, a child care center at a Boys and Girls Club or YMCA shall be considered a private child care center.
(c) The term of a Board member appointed by the Governor shall be 3 years and shall terminate upon the Governor's appointment of a new member to the Board. A Board member shall continue to serve until a successor is appointed but a holdover under this provision does not affect the expiration date of a succeeding term.
(d) In case of a vacancy on the Board before the expiration of a Board member's term, a successor shall be appointed by the Governor within 30 days of the vacancy for the remainder of the unexpired term.
(e) The Board shall elect 1 of its members as Chair to serve for a 1-year term and who shall be eligible for reelection.
(f) The Board shall meet at the call of the Chair but no fewer than 4 times a year.
82 Del. Laws, c. 184, § 3;  83 Del. Laws, c. 248, § 4;  83 Del. Laws, c. 249, § 5;  83 Del. Laws, c. 277, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 30A. The Delaware Child Care Act › § 3006A. Provider Advisory Board; appointments; composition; terms; vacancies [Effective July 1, 2024].

§ 3006A. Provider Advisory Board; appointments; composition; terms; vacancies [Effective July 1, 2024].
(a) There is established within OCCL, a Provider Advisory Board (“Board”).
(b) (1) The Board shall consist of 7 members, who are residents of this State and are appointed by the Governor. The following are members of the Board:
a. One provider from a family child care home located in New Castle County, Kent County, and Sussex County.
b. One administrator or owner of a private child care center located in New Castle County, Kent County, and Sussex County.
c. One provider from a family or large family child care home or 1 administrator or owner of a private child care center located in the City of Wilmington.
(2) At least 1 of the members of the Board appointed under paragraph (b)(1) of this section must be from a Boys and Girls Club or YMCA child care facility within this State. For purposes of this subsection, a Boys and Girls Club or YMCA child care facility is a private child care facility.
(c) The term of a Board member appointed by the Governor is 3 years. A Board member shall continue to serve until a successor is duly appointed, but a holdover under this subsection does not affect the expiration date of a succeeding term.
(d) In case of a vacancy on the Board before the expiration of a Board member's term, the Governor shall appoint a successor within 30 days of the vacancy for the remainder of the unexpired term.
(e) The Board shall elect 1 of the Board's members as Chair to serve for a 1-year term. The member who is elected Chair is eligible for reelection.
(f) The Board shall meet at the call of the Chair but no fewer than 4 times a year.
82 Del. Laws, c. 184, § 3;  83 Del. Laws, c. 248, § 4;  83 Del. Laws, c. 249, § 5;  83 Del. Laws, c. 277, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 30A. The Delaware Child Care Act › § 3007A. Provider Advisory Board; powers and duties [Effective until July 1, 2024].

§ 3007A. Provider Advisory Board; powers and duties [Effective until July 1, 2024].
The Board has the following powers and duties:
(1) Advise and consult with OCCL regarding the development, adoption, promulgation, and any amendment to the rules, regulations, and policies that are required to carry out this chapter with respect to early care and education, family child care homes, and school-age centers.
(2) Encourage OCCL to communicate with persons licensed under this chapter and to facilitate such communication.
(3) Encourage OCCL to enforce this chapter in a manner that recognizes that most child care providers are private businesses that need stable and reasonable regulations.
82 Del. Laws, c. 184, § 3;  83 Del. Laws, c. 37, § 16;  83 Del. Laws, c. 249, § 6;  83 Del. Laws, c. 277, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 30A. The Delaware Child Care Act › § 3007A. Provider Advisory Board; powers and duties [Effective July 1, 2024].

§ 3007A. Provider Advisory Board; powers and duties [Effective July 1, 2024].
The Board has the following powers and duties:
(1) Advise and consult with OCCL regarding the development, adoption, promulgation, and amendment of the rules, regulations, and policies required to carry out this chapter with respect to early care and education, family and large family child care homes, and school-age centers.
(2) Encourage OCCL to communicate with individuals and entities licensed under this chapter and to facilitate the communication.
(3) Encourage OCCL to enforce this chapter in a manner that recognizes that most child care providers are private businesses that need stable and reasonable regulations.
82 Del. Laws, c. 184, § 3;  83 Del. Laws, c. 37, § 16;  83 Del. Laws, c. 249, § 6;  83 Del. Laws, c. 277, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 30A. The Delaware Child Care Act › § 3008A. Transfers and continuity [Effective until July 1, 2024].

§ 3008A. Transfers and continuity [Effective until July 1, 2024].
(a) All investigations, petitions, hearings and legal proceedings pending before or instituted by the Office of Child Care Licensing within the Department of Services for Children, Youth and Their Families and not concluded prior to July 1, 2020, shall continue unabated and remain in full force and effect, notwithstanding the passage of this chapter and, where necessary, may be completed before, by, or in the name of the Department of Services for Children, Youth and Their Families. All orders, enforcement actions, agreements of understanding, rules, and regulations made by the Office of Child Care Licensing within the Department of Services for Children, Youth and Their Families and which are in effect on July 1, 2020, shall remain in full force and effect until revoked or modified in accordance with the law by the Department of Education. All contracts and obligations of the Department of Services for Children, Youth and Their Families made or undertaken in the performance of a function transferred to the Department of Education by this chapter and being in force on July 1, 2020, shall, notwithstanding this chapter, remain in full force and effect and be performed by the Department of Education until and unless the Department of Education takes formal action to modify any such contracts or obligations.
(b) Employees of the Office of Childcare Licensing within the Department of Services for Children, Youth and Their Families whose functions are consistent with and have been transferred to the Department of Education by this chapter shall continue and be deemed to be the employees of the Department of Education on July 1, 2020, and, where applicable, with all the benefits accrued as merit employees as of July 1, 2020.
82 Del. Laws, c. 184, § 3;  83 Del. Laws, c. 249, § 7;  83 Del. Laws, c. 277, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 30A. The Delaware Child Care Act › § 3008A. Transfers and continuity [Effective July 1, 2024].

§ 3008A. Transfers and continuity [Effective July 1, 2024].
(a) All orders, enforcement actions, agreements of understanding, rules, and regulations made by within the Department of Services for Children, Youth and Their Families and which are in effect on July 1, 2020, remain in full force and effect until revoked or modified in accordance with the law by the Department of Education. Notwithstanding this chapter, all contracts and obligations of the Department of Services for Children, Youth and Their Families made or undertaken in the performance of a function transferred to the Department of Education by this chapter and being in force on July 1, 2020, remain in full force and effect and must be performed by the Department of Education until and unless the Department of Education takes formal action to modify any such contracts or obligations.
(b) Employees of OCCL within the Department of Services for Children, Youth and Their Families whose functions are consistent with and have been transferred to the Department of Education by this chapter continue and are deemed to be the employees of the Department of Education on July 1, 2020, and, where applicable, with all the benefits accrued as merit employees as of July 1, 2020.
82 Del. Laws, c. 184, § 3;  83 Del. Laws, c. 249, § 7;  83 Del. Laws, c. 277, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 30B. Parents' Right to Know Act › § 3002B. Definitions.

§ 3002B. Definitions.
For the purpose of this chapter, “child-care facility” means all licensed facilities within the State where care is provided for children ages birth through 12 years. Licensure for programs providing services solely for children ages 13 years and older is voluntary.
83 Del. Laws, c. 194, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 30B. Parents' Right to Know Act › § 3003B. Inspection of child-care facility records.

§ 3003B. Inspection of child-care facility records.
(a) Each licensed child-care facility shall provide to each person seeking child-care services written notice as defined in subsection (c) of this section, which explains the person's right to inspect the active records and complaints of any licensed child-care facility. Notice shall be provided during in-person tours of the facility. If a tour of the facility is not conducted, the notice shall be provided as part of the enrollment materials provided to the person seeking child-care services. In addition, the application packet shall include the address of the nearest Office of Child Care Licensing (OCCL) office and the OCCL website.
(b) Every child-care facility shall obtain a statement, signed by the prospective purchaser of care, which attests to timely receipt of the notice provided for in subsection (a) of this section. The child-care facility shall keep the signed statement on file for no less than 3 months after the child is no longer enrolled.
(c) The Department of Education shall provide a standardized form of the notice and statement as defined in subsections (a) and (b) of this section respectively, to each licensed facility.
(d) The Office of Child Care Licensing shall have available for public request a summary of each child-care facility's records.
(e) The public shall have access to child-care information including a list of all child-care facilities, licensed facilities, enforcement actions, and agency contact persons via the Delaware Department of Education website on the Internet.
(f) All requests to inspect these records shall be made in writing to the Office of Child Care Licensing. Individuals shall be allowed to inspect such records within 10 business days from the date the request is received.
(g) Failure of a child-care facility to provide the notice required in subsection (a) of this section or obtain the statement required in subsection (b) of this section from any prospective purchaser shall be a violation of Delaware law, subject to a fine of not more than $100 for each violation and the total of such fines shall not exceed $1,000 per calendar year. Justice of the Peace Courts shall have original jurisdiction of such offenses.
83 Del. Laws, c. 194, § 1;
2023 Delaware Code › Title 14 - Education › Chapter 31. EXCEPTIONAL CHILDREN › Subchapter II. General Provisions › § 3111. Advisory council for exceptional citizens.

§ 3111. Advisory council for exceptional citizens.
(a) The Governor shall appoint an advisory council to act in an advisory capacity to the Department of Education, the State Board of Education and other state agencies on the needs of exceptional citizens. The General Assembly shall provide for the maintenance of the council. The council shall also serve in the capacity of the advisory panel as required by the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400, et seq.
(b) The council shall hold at least 1 joint meeting with the Interagency Coordinating Council each calendar year.
14 Del. C. 1953, §  3108;  51 Del. Laws, c. 287, §  3;  61 Del. Laws, c. 190, §  7;  71 Del. Laws, c. 180, §  147;  77 Del. Laws, c. 424, §  10;  83 Del. Laws, c. 213, § 5;
2023 Delaware Code › Title 14 - Education › Chapter 31. EXCEPTIONAL CHILDREN › Subchapter III. Children With Disabilities › § 3120. Right to receive public education.

§ 3120. Right to receive public education.
The State shall provide, in the school districts and charter schools of the State, or in other state institutions and agencies or in special programs and private agencies as established or approved by the Department with the approval of the State Board, that each child with a disability as defined in this chapter shall receive a free and appropriate public education designed to meet that child with a disability's own needs. The Department of Education shall be the agency responsible for the implementation of this required provision.
61 Del. Laws, c. 190, §  7;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 180, §§  148, 148A;  77 Del. Laws, c. 424, §  12;
2023 Delaware Code › Title 14 - Education › Chapter 31. EXCEPTIONAL CHILDREN › Subchapter III. Children With Disabilities › § 3121. Special classes and facilities.

§ 3121. Special classes and facilities.
Each school district, charter school and other state agencies responsible for the care of Delaware citizens shall provide and maintain, under appropriate regulations of the Department of Education approved by the State Board of Education, special classes and facilities to meet the needs of children with a disability as herein defined and recommended for special education or training who are residents of any geographical area within the State and who can be served by such special classes and facilities. This and other sections of this chapter and this title may be carried out by assigning children who are residents of 1 school district to attend classes in facilities of another school district according to Chapter 6 of this title concerning tuitions. Placement in a state agency that is not part of the public school system shall be in accordance with rules developed under § 3110 of this title.
42 Del. Laws, c. 125, §  1;  14 Del. C. 1953, §  3103;  51 Del. Laws, c. 287, §  2;  61 Del. Laws, c. 190, §  7;  71 Del. Laws, c. 180, §§  148A, 149;  77 Del. Laws, c. 424, §  13;
2023 Delaware Code › Title 14 - Education › Chapter 31. EXCEPTIONAL CHILDREN › Subchapter III. Children With Disabilities › § 3122. Identification and reporting of child with a disability.

§ 3122. Identification and reporting of child with a disability.
(a) Except as noted in subsection (b) of this section regarding parentally-placed private school children, each school district shall be required to identify, locate and evaluate, or reevaluate, any children with disabilities residing within the confines of that school district, including children with disabilities who are homeless children or wards of the State, regardless of the severity of the disability, and who are in need of special education and related services.
(b) Each school district, excluding vocational school districts, shall be required to identify, locate and evaluate, or reevaluate, any children with disabilities who are enrolled by their parents in private schools located within the confines of that school district, regardless of the severity of the disability, and who are in need of special education and related services.
42 Del. Laws, c. 125, §  1;  14 Del. C. 1953, §  3105;  51 Del. Laws, c. 287, §  2;  61 Del. Laws, c. 190, §  7;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 180, §§  148A, 150;  77 Del. Laws, c. 424, §  14;  78 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 31. EXCEPTIONAL CHILDREN › Subchapter III. Children With Disabilities › § 3123. Supportive services and residential programs.

§ 3123. Supportive services and residential programs.
(a) Any school district administering a program for children with autism may provide from its own personnel or contract with another state agency or a private service provider if necessary for appropriate supportive services, including, but not limited to, physical, art and music education, psychological services, language and speech therapy, physical and occupational therapy. The supportive services to be provided shall be based upon a program for each child as approved by the Department of Education; provided, that the State Board may review any objection to the Department's decision. The school district designated by the Department with State Board approval as the administering agency for a statewide program for autistic pupils shall annually submit in its budget a request for funds for such services.
(b) Community-based residential units for children with autism may be operated by a school district designated and approved by the Department with State Board approval as the administering agency for a statewide program for autistic pupils. When the school district operates a community-based residential program, that program shall meet the following minimum standards:
(1) Pre-puberty and post-puberty children shall be housed separately. In no case shall a child under age 12 be housed with a child over age 16 except as approved by the Human Rights and Peer Review committees of the statewide autistic program.
(2) Residential units shall be provided at the rate of 1 residential unit for each 4 residential pupils except that a maximum of 5 pupils may be housed in 1 residential unit. At no time shall the total number of pupils exceed 6.
(3) Residential teacher coordinators shall be provided for a period of 12 months per year at the rate of 3 full-time equivalent teacher coordinators per residential unit.
(4) Residential child care specialists shall be provided for a period of 12 months per year at the rate of 6 full-time equivalent residential child care specialists per residential unit. The Department with the approval of the State Board of Education shall determine the necessary educational requirements for the residential child care specialists.
61 Del. Laws, c. 190, §§  5, 8;  64 Del. Laws, c. 381, §§  1, 2;  71 Del. Laws, c. 180, §  151;  77 Del. Laws, c. 424, §  15;  83 Del. Laws, c. 325, § 389;
2023 Delaware Code › Title 14 - Education › Chapter 31. EXCEPTIONAL CHILDREN › Subchapter III. Children With Disabilities › § 3125. Parent councils.

§ 3125. Parent councils.
Each school district and charter school enrolling any child with disabilities shall, on an annual basis, contact the parents of each such child to attempt to facilitate the creation and maintenance of a parent council for the parents of students with disabilities. Parent councils will advocate generally for students with disabilities and provide person-to-person support for individual parents and children. The charter schools and school districts shall collaborate and coordinate with existing parent groups and other information and support groups to facilitate creation, maintenance, and effectiveness of the parent councils.
80 Del. Laws, c. 37, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 31. EXCEPTIONAL CHILDREN › Subchapter III. Children With Disabilities › § 3125A. Individualized education program (IEP) training for charter schools.

§ 3125A. Individualized education program (IEP) training for charter schools.
Effective January 1, 2016, each charter school will designate and maintain at least 1 professional staff member who has completed training approved by the Department of Education regarding the legal responsibilities of charter schools with respect to preparation of IEPs for students with disabilities and resources available to charter schools to assist in preparation of such programs. The Department of Education, by regulation, shall define the scope and timetable of initial and refresher training.
80 Del. Laws, c. 37, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 31. EXCEPTIONAL CHILDREN › Subchapter IV. Gifted or Talented Children › § 3126. Rules and regulations.

§ 3126. Rules and regulations.
The extent of programs and facilities provided for children determined to be gifted or talented shall be in accordance with the rules and regulations of the Department as approved by the State Board of Education.
48 Del. Laws, c. 194, §  2;  14 Del. C. 1953, §  3102;  51 Del. Laws, c. 287, §  2;  61 Del. Laws, c. 190, §  7;  71 Del. Laws, c. 180, §  153;  77 Del. Laws, c. 424, §  21;
2023 Delaware Code › Title 14 - Education › Chapter 31. EXCEPTIONAL CHILDREN › Subchapter V. Procedural Safeguards › § 3130. Opportunity to examine records and educational program.

§ 3130. Opportunity to examine records and educational program.
(a) The parents of a child with a disability, either personally or through a representative, shall be afforded an opportunity to inspect and review all relevant records with respect to:
(1) The identification, evaluation and educational program and placement of the child; and
(2) The provision of a free, appropriate, public education to the child.
(b) The parents shall have the right to obtain copies of all records, except the actual evaluation or examination instrument, described in subsection (a) of this section either without charge, or, at the discretion of the district or state agency, at a fee not to exceed actual cost. Under no circumstances shall a fee be assessed which effectively prevents parents from exercising their right to inspect, review and copy records.
(c) The parents of a child with a disability shall have the right to visit and observe, either personally or through a representative, their child's current or proposed public educational program.
64 Del. Laws, c. 63, §  1;  77 Del. Laws, c. 424, §  22;
2023 Delaware Code › Title 14 - Education › Chapter 31. EXCEPTIONAL CHILDREN › Subchapter V. Procedural Safeguards › § 3131. Conduct of meetings.

§ 3131. Conduct of meetings.
(a) No charter school or school district, or any person acting under the authority of a charter school or school district, shall discriminate or take any adverse employment or contract action against any person based upon statements that person makes while advocating for a student in connection with an individualized education program (IEP), including statements made in preparation for or at a meeting, review, or conference concerning a child with a disability's free, appropriate public education. Entities or persons who violate this subsection shall be subject to the same injunctive and monetary sanctions as persons or entities that engage in unlawful employment practices under Chapter 7 of Title 19.
(b) Subject to confidentiality requirements of applicable state or federal law, minutes may be taken, by disclosed recording device or stenographer, of any meeting, review or conference concerning a child with a disability's free, appropriate, public education, at the option of the parents of the child with a disability, their authorized representative or the agency conducting the meeting, review or conference. Costs of the recording shall be borne by the person or agency exercising the option under this section.
(c) Discussions about employment options with children and parents during the IEP process should be consistent with Delaware's employment first policy articulated by § 743 of Title 19. Progress made toward post-secondary goals in transition IEPs will be reported with the same frequency as that for academic goals.
(d) The Department of Education, in consultation with the Department of Justice, shall annually survey a material number of parents and children who have individualized education programs with respect to the parents' and children's satisfaction with the IEP process. Information gathered through this survey shall be used by the Department of Education and Department of Justice to conduct follow-up examinations with school districts and charter schools as to their good faith compliance with state and federal laws and regulations.
64 Del. Laws, c. 63, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 424, §  23;  80 Del. Laws, c. 37, §  2;
2023 Delaware Code › Title 14 - Education › Chapter 31. EXCEPTIONAL CHILDREN › Subchapter V. Procedural Safeguards › § 3133. Notice required.

§ 3133. Notice required.
Written notice which meets the requirements under § 3134 of this title must be given to the parents of a child with a disability a reasonable time before any school district or state agency:
(1) Proposes to initiate or change the identification, evaluation or educational placement of the child or the provision of a free and appropriate public education to the child; or
(2) Refuses to initiate or change the identification, evaluation or educational placement of the child or the provision of a free, appropriate, public education to the child.
64 Del. Laws, c. 63, §  1;  77 Del. Laws, c. 424, §  25;
2023 Delaware Code › Title 14 - Education › Chapter 31. EXCEPTIONAL CHILDREN › Subchapter V. Procedural Safeguards › § 3135. Administrative hearing.

§ 3135. Administrative hearing.
(a) A parent, district or state agency may initiate a hearing concerning any right or entitlement conferred by this chapter.
(b) A hearing is initiated by submission of a written request to the Secretary of Education.
(c) The Secretary of Education, upon receipt of a request for hearing, shall appoint a hearing panel whose membership shall meet the requirements of § 3137 of this title.
(d) The district or state agency shall inform the parent of any free or low-cost legal and other relevant services available in the area whenever:
(1) The parent requests the information; or
(2) A hearing is initiated pursuant to this section.
64 Del. Laws, c. 63, §  1;  71 Del. Laws, c. 180, §  155;
2023 Delaware Code › Title 14 - Education › Chapter 31. EXCEPTIONAL CHILDREN › Subchapter V. Procedural Safeguards › § 3136. Timeliness of administrative hearings.

§ 3136. Timeliness of administrative hearings.
(a) The Secretary of Education shall ensure that, not later than 45 days after the expiration of the 30-day period in subsection (d) of this section, or the adjusted time periods in subsection (e) of this section:
(1) A hearing is conducted;
(2) A final decision is reached in the hearing; and
(3) A copy of the decision is mailed to each of the parties.
(b) The hearing panel, for good cause, may grant specific extensions of time beyond the time periods set out in subsection (a) of this section at the request of either party; provided, however, that a final decision shall be reached and a copy of the decision mailed to each of the parties within 15 days of the date of the hearing, or, where applicable, within 15 days of the completion of post-hearing argument.
(c) Within 15 days of receiving notice of the parents' complaint and prior to the opportunity for an impartial due process hearing, the district or state agency shall convene a meeting with the parents and the relevant member of the Individual Education Program (IEP) team who have specific knowledge of the facts identified in the due process complaint where the parents of the child discuss their complaint, and the facts that form the basis of the complaint, and the district or charter school is provided the opportunity to resolve the complaint, unless the parents and the district or state agency agree in writing to waive such meeting, or agree to use the mediation process. The IEP team shall include a representative of the district or state agency that has decision making authority on behalf of the district or state agency and may not include an attorney of the district or state agency unless the parent is accompanied by an attorney.
(d) If the district or state agency has not resolved the complaint to the satisfaction of the parents within 30 days of the receipt of the complaint, the due process hearing may occur.
(e) The 45-day timeline for the due process hearing in subsection (a) of this section starts the day after the occurrence of 1 of the following events:
(1) Both parties agree in writing to waive the resolution meeting; or
(2) Either the mediation or resolution meeting starts, but before the end of the 30-day period, the parties agree in writing that no agreement is possible; or
(3) Both parties agree in writing to continue the mediation at the end of the 30-day resolution period, but later, the parent, district or state agency withdraws from the mediation process.
64 Del. Laws, c. 63, §  1;  71 Del. Laws, c. 180, §  155;  77 Del. Laws, c. 424, §§  27-29;
2023 Delaware Code › Title 14 - Education › Chapter 31. EXCEPTIONAL CHILDREN › Subchapter V. Procedural Safeguards › § 3137. Hearing panel.

§ 3137. Hearing panel.
(a) A hearing panelist may not be:
(1) A person who is an employee of a district or agency which is involved in the education or care of the child; or
(2) A person having a personal or professional interest which would conflict with that person's own objectivity in the hearing.
(b) The Secretary of Education shall maintain a list of the persons who serve as hearing panelists. The list must include a statement of the qualifications of each of those persons.
(c) All hearing panelists shall have successfully completed such training as may be required by the Secretary of Education to ensure the adequate knowledge and competent performance of panelists.
(d) Each panel shall consist of 3 panelists, appointed by the Secretary of Education on a rotating basis, as follows:
(1) One attorney admitted to practice and in good standing with the bar of a state;
(2) One educator knowledgeable in the field of special education and special educational programming;
(3) One lay person with demonstrated interest in the education of children with disabilities included on an approved list compiled by the Advisory Council for Exceptional Citizens and submitted to the Secretary of Education.
(e) The Department with approval of the State Board of Education shall promulgate regulations which, consistent with this subchapter, further define hearing procedures and the conduct of hearing panelists which shall include standards of competency, expertise and training for hearing panelists.
64 Del. Laws, c. 63, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 180, §§  155, 156;  77 Del. Laws, c. 424, §  30;  78 Del. Laws, c. 397, §  2;
2023 Delaware Code › Title 14 - Education › Chapter 31. EXCEPTIONAL CHILDREN › Subchapter V. Procedural Safeguards › § 3138. Hearing rights; procedure.

§ 3138. Hearing rights; procedure.
(a) Any party to a hearing has the right to:
(1) Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities;
(2) Present evidence and confront and cross-examine adverse witnesses;
(3) Compel the attendance of witnesses as authorized by § 3139 of this title;
(4) Prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least 5 business days before the hearing;
(5) Obtain a written or, at the option of the parents, electronic verbatim record of the hearing, at public expense;
(6) Obtain a written or, at the option of the parents, electronic decision which includes findings of fact and law.
(b) Parents involved in hearings must be given the right to:
(1) Have the child who is the subject of the hearing present; and
(2) Open the hearing to the public.
(c) The hearing panel shall ensure that parents who have requested a hearing have been advised of the procedural safeguards provided by this subchapter.
(d) Any hearing must be conducted at a time and place which is reasonably convenient to the parents and child involved.
(e) Any testimony presented at a hearing authorized by this section shall be under oath or affirmation.
(f) Copies of all written decisions shall be provided to the Advisory Council for Exceptional Citizens after deleting any personally identifiable information.
(g) Following any disposition under this chapter which entitles a parent to attorneys' fees under state or federal law, said parent shall also be awarded the reasonable fees of expert witnesses and the reasonable costs of any tests or evaluations necessary for the preparation of the parent's hearings. Awards made pursuant to this section shall not be made with the use of funds previously designated for the direct provision of education or services to children. Each school district and charter school shall report annually to the Department of Education, in a form to be determined by the Department, the amount of all awards made pursuant to this subsection and the source of funds for such awards.
64 Del. Laws, c. 63, §  1;  71 Del. Laws, c. 180, §  157;  74 Del. Laws, c. 98, §§  2-4;  77 Del. Laws, c. 424, §  31;  78 Del. Laws, c. 393, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 31. EXCEPTIONAL CHILDREN › Subchapter V. Procedural Safeguards › § 3139. Subpoenas.

§ 3139. Subpoenas.
(a) Authority to issue subpoenas is conferred upon the Secretary of Education, or the Secretary's designee, in order to implement § 3138(a)(3) of this title.
(b) Upon the application of any party at least 12 days prior to hearing, a subpoena shall be issued requiring the attendance of the person or persons listed in the application.
(c) If a person subpoenaed to attend a hearing fails to obey without reasonable cause, or if such a person in attendance refuses, without lawful excuse, to be examined or to answer pertinent questions, an application may be filed with the Family Court for an order directing such person to show cause why that person should not appear or testify. Upon return of the rule, the Court shall examine such person under oath, and if the Court shall determine, after giving such person an opportunity to be heard, that the person refused without legal excuse to attend or testify at the hearing, despite the subpoena, the Court may order such person to comply therewith. Any failure to obey the order may be punished as a contempt of the Family Court, pursuant to the Rules of the Family Court.
64 Del. Laws, c. 63, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 180, §  157;
2023 Delaware Code › Title 14 - Education › Chapter 31. EXCEPTIONAL CHILDREN › Subchapter V. Procedural Safeguards › § 3140. Burden of proof.

§ 3140. Burden of proof.
The burden of proof and persuasion in any proceeding convened pursuant to § 3135 of this title shall be on the district or state agency which is a party to the proceeding.
64 Del. Laws, c. 63, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 31. EXCEPTIONAL CHILDREN › Subchapter V. Procedural Safeguards › § 3141. Finality of decision.

§ 3141. Finality of decision.
A decision made by a hearing panel under this subchapter is final, unless a party to the hearing brings a civil action under § 3142 of this title.
64 Del. Laws, c. 63, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 31. EXCEPTIONAL CHILDREN › Subchapter V. Procedural Safeguards › § 3142. Judicial review.

§ 3142. Judicial review.
(a) Any party aggrieved by the decision of the hearing panel may file a civil action in the Family Court. Such proceeding shall be initiated by the filing of a complaint within 90 days of the date of the decision.
(b) In any action brought under this section, the Court shall receive the records of the administrative proceedings, shall hear additional evidence at the request of a party and, basing its decision on the preponderance of the evidence, shall grant such relief as the Court determines is appropriate.
(c) The Secretary of Education, or the Secretary's designee, shall certify and file with the Court the record of the administrative hearing, which shall include all documents submitted, a transcript of all testimony, and the decision of the hearing panel.
64 Del. Laws, c. 63, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 180, §  157;  74 Del. Laws, c. 98, §  5;
2023 Delaware Code › Title 14 - Education › Chapter 31. EXCEPTIONAL CHILDREN › Subchapter V. Procedural Safeguards › § 3143. Child's status during proceedings.

§ 3143. Child's status during proceedings.
(a) During the pendency of any administrative or judicial proceedings regarding a complaint, unless the district or state agency and parents of the child agree otherwise, the child involved in the complaint shall remain in that child's present educational placement.
(b) If the complaint involves an application for initial admission to public school, the child, with the consent of the parents, shall be placed in the public school program until the completion of all proceedings.
64 Del. Laws, c. 63, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 14 - Education › Chapter 31A. Infants and Toddlers Early Intervention Program › § 3101A. Short title.

§ 3101A. Short title.
This chapter may be cited as the “Infants and Toddlers Early Intervention Act.”
71 Del. Laws, c. 286, §  4;  83 Del. Laws, c. 213, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 31A. Infants and Toddlers Early Intervention Program › § 3102A. Purpose.

§ 3102A. Purpose.
(a) The General Assembly finds that early intervention services are cost-effective and effectively serve the developmental needs of eligible infants and toddlers and their families. The purpose of this chapter is to provide a comprehensive, coordinated, interagency, interdisciplinary early intervention services system for eligible infants and toddlers and their families that enhances the capacity to provide quality early intervention services, expand and improve existing services, and facilitate the coordination of payments for early intervention services from various public and private sources.
(b) The specific purposes of this chapter are to do all of the following:
(1) Enhance the development of all eligible infants and toddlers in the State in order to minimize developmental delay and enhance individual potential for adult independence.
(2) Reduce educational costs by minimizing the need for special education and related services after infants and toddlers reach school age by identifying children eligible for early intervention services at a younger age.
(3) Enhance opportunities for inclusion in the community of eligible children and their families.
(4) Enhance the capacity of families to meet the individual needs of infants and toddlers with disabilities.
(5) Enact regulations and fully implement the infants and toddlers program established under the IDEA, including all of the following:
a. Affirm the importance of the family in all areas of the child's development and reinforce the role of the family as a participant in the decision-making processes regarding their child.
b. Identify and coordinate all available resources for early intervention within the State including those from federal, state, local, and private sources.
c. Affirm that eligible infants and toddlers with disabilities have a right to receive early intervention services to the maximum extent appropriate, in natural environments in which infants and toddlers without disabilities would participate.
71 Del. Laws, c. 286, §  4;  83 Del. Laws, c. 213, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 31A. Infants and Toddlers Early Intervention Program › § 3105A. Early intervention service providers; requirements.

§ 3105A. Early intervention service providers; requirements.
(a) The Department shall promote the preparation of early intervention providers who are fully and appropriately qualified to provide early intervention services.
(b) (1) To provide early intervention services under this chapter, an individual must be licensed under Title 24 or licensed or certified under subchapter I of Chapter 12 of this title, to provide the specific service.
(2) In addition to meeting the requirement under paragraph (b)(1) of this section, an early intervention service provider must participate annually in the Department's child abuse detection and prevention training under § 4163 of this title.
(c) The Department shall assign a unique identification number to each early intervention service provider providing early intervention services under this chapter. The Department shall use the early intervention service provider's unique identification number to track licensure, certification, employment, and professional development.
(d) The Department shall maintain an online, public database of early intervention service providers that can be searched by an individual's name and provides all of the following information:
(1) Education history.
(2) Current licensure or certification.
(3) Current place of employment.
(e) The Department shall ensure that early intervention service providers complete the background checks required under § 309 of Title 31.
83 Del. Laws, c. 213, § 2;  84 Del. Laws, c. 233, § 27;
2023 Delaware Code › Title 14 - Education › Chapter 31A. Infants and Toddlers Early Intervention Program › § 3106A. Child Find.

§ 3106A. Child Find.
(a) The Department shall conduct Child Find activities to ensure early identification and assessment of children who may be eligible for services under this chapter. Child Find must include the opportunity for all children from birth through 35 months, who have not already been found eligible for services under this chapter, to receive annual developmental screening.
(b) Child Find must include online developmental screening and collaboration with home visiting programs and child care providers, including school districts and Head Start.
83 Del. Laws, c. 213, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 31A. Infants and Toddlers Early Intervention Program › § 3107A. Individualized family service plan.

§ 3107A. Individualized family service plan.
(a) The Department must ensure that eligible children and their families annually receive an IFSP that includes all of the following:
(1) A multi-disciplinary assessment of the unique strengths and needs of each eligible child and identification of services appropriate to meet those needs.
(2) A family-directed assessment of the resources, priorities, and concerns of the family and the identification of the supports and services necessary to enhance the family's capacity to meet the developmental needs of the eligible child.
(3) A written IFSP in the format specifically prescribed by regulation, developed and approved as follows:
a. The IFSP must be prepared by a multi-disciplinary team which includes the child's parents.
b. The contents of the IFSP must be fully explained to the parents and informed written consent obtained prior to providing the services described in the IFSP.
c. If parental consent to a particular service is withheld, the early intervention services to which consent is obtained must be provided.
(4) Services under the IFSP must be provided, to the maximum extent appropriate, in the natural environment.
(b) An IFSP must be reviewed every 6 months, or more often when appropriate based on the needs of the child and family.
(c) The initial evaluation, assessment, and plan meeting must be held within 45 calendar days after the initial referral to the early intervention program, except under exceptional family circumstances as allowed under the IDEA.
(d) An IFSP must provide for the child to smoothly transition from services provided under this chapter as required under the IDEA.
71 Del. Laws, c. 286, §  4;  83 Del. Laws, c. 213, § 2;
2023 Delaware Code › Title 14 - Education › Chapter 31A. Infants and Toddlers Early Intervention Program › § 3108A. Cooperation of participating agencies.

§ 3108A. Cooperation of participating agencies.
(a) All state agencies and contractors participating in the provision of early intervention services under this chapter shall cooperate with the Department and Interagency Coordinating Council to ensure effective system implementation, coordination, and nonduplication of activities.
(b) The IFSP under § 3107A of this title serves as the primary comprehensive service plan for all cooperating agencies and contractors and must be accorded deference in determining the developmental, educational, and medical necessity of included early intervention services.
71 Del. Laws, c. 286, §  4;  83 Del. Laws, c. 213, § 2;