TITLE 14


Education


Free Public Schools


CHAPTER 31. EXCEPTIONAL CHILDREN


Subchapter II. General Provisions


§ 3110. Rules and regulations.


(a) The Department of Education is designated as the state agency that, with the approval of the State Board, shall make rules
and regulations to carry out this and other titles relative to the identification, evaluation, education, training and transportation
of exceptional children including specific definitions for the categories of units for exceptional children authorized for
funding in § 1703 of this title.


(b) The rules promulgated by the Department of Education with the approval of the State Board of Education shall provide the
criteria by which identified children with disabilities, as defined in § 3101 of this title, shall be assigned to a public
school facility, or, if otherwise eligible for admission, to an institution of another state agency, or released for authorized
placement in a private school or agency, pursuant to subchapter III of this chapter.


(c) The Department of Education, with the approval of the State Board of Education, shall establish and maintain procedures,
by regulation, to assure that handicapped children and their parents are guaranteed procedural safeguards with respect to
the provision of a free, appropriate, public education.


(d) The Department of Education shall promulgate regulations that provide that when a due process hearing is requested by
a parent or guardian of a child with disabilities a notice of such request shall be provided to members of the school board
for the appropriate school district at the next scheduled school board meeting. Additionally, the regulations shall provide
that upon notification of a due process hearing request, a school board president must sign a statement stating that the members
of the board of education are aware of said due process hearing. The statement shall be sent by certified mail to the parents
or guardian.


Furthermore, the regulations will provide that upon conclusion of a due process hearing a copy of the decision shall be sent
to members of the school board for the appropriate district and a signed certified letter shall be sent to the parents notifying
them that the members of the school board are aware of the decision. The regulations shall also provide that if the parents
or guardian of the child appeal the decision of a due process hearing then the members of the school board for the appropriate
school district shall be notified of the appeal at the next regularly scheduled board of education meeting. A certified letter,
signed by the president of the board receiving the appeal, shall be sent to the parents notifying the parents that members
of the school board are aware of the appeal. Lastly, the regulations shall provide that before a school district can appeal
the decision of a due process hearing, a majority of the members of the school board for such district must by affirmative
vote decide to appeal.


48 Del. Laws, c. 194, § 2; 14 Del. C. 1953, § 3102; 51 Del. Laws, c. 287, § 2; 61 Del. Laws, c. 190, § 7; 64 Del. Laws, c. 63, § 3; 68 Del. Laws, c. 84, § 217; 71 Del. Laws, c. 180, § 146; 77 Del. Laws, c. 315, § 1; 77 Del. Laws, c. 424, §§ 8, 9.;


§ 3111. Advisory council for exceptional citizens.


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 Individuals with Disabilities
Education Act (IDEA), 20 U.S.C. § 1400, et seq..


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.;