Last Reviewed by State Dept of Education: 12/1/2012
Contact us with corrections or additions Delaware Last Updated: 6/2/2014
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Curriculum and Instruction
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Health Education
     Last Updated: 1/11/2010
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Mandate: Delaware State Board of Education Administrative Code 14:851 (2009) requires schools to provide instruction to students in grades K-12 in health education and to follow the Delaware Health Education Standards (2008). Students in grades K-4 must receive a minimum of 30 hours of comprehensive health education and family life education" in each grade. The health education requirement increases to 35 hours in grade 5 and grade 6, and a total 60 hours within grades 7 and 8. Administrative Code 14:505 (2004) requires high school students to complete 1/2 credit in health education coursework in order to graduate.

     Last Updated: 9/30/2012

Curriculum Content: Administrative Code 14:501 (2004) provides the formal approval of the state content standards in health education, which are embedded within the Delaware Recommended Curriculum for Health Education. The recommended scope and sequence with representative units, assessments and transfer tasks must be demonstrated through grade clusters showing Delaware standards, explicitly based on the National Health Education Standards, grade cluster expectations and enduring understandings    Units of instruction are based on priority health risk behaviors of children and adolescents and must be addressed to reduce risk behavior and promote healthy outcomes.

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Physical Education
     Last Updated: 5/8/2009

Mandate: Administrative Code 14:505 (2004) requires high school students to take 1 credit of physical education for graduation. Administrative Code 14:503 (2005) requires students in grades 1-8 to be enrolled in a physical education program.

Code 14:4133 (2006) establishes a physical education/physical activity pilot program in at least six of Delaware's public elementary, middle or high schools to determine the potential for future expanded use to all of Delaware's public schools.  Each school in the pilot is required to provide at least 150 minutes per week of a combination of physical education and physical activity for each student.  Physical education and physical activity may include physical education classes, recess, planned classroom breaks, and other identified activities.

Exemptions: Administrative Code 14:503 allows the physical education requirements to be waived only for students who have an excuse from a qualified physician or objections based on religious beliefs.

Curriculum Content: The Delaware Recommended Curriculum for Health Education sets uniform content standards for physical education for elementary, middle, and high school. The general standards cover healthy physical activity, influences on physical activity, and prevention of sports and exercise injuries. The effects of drugs on fitness are included in the middle and high school standards.

The Delaware Recommended Curriculum and Delaware Standards for Physical Education are aligned with and reflect the NASPE approved National Standards for Physical Education for all students grades K – 12. All Delaware school districts are required to prove alignment with the Delaware Standards for Physical Education by March 30, 2009. 

Physical Assessment Requirement: Code 14:122(b) (2006) requires each school district and charter school to assess the physical fitness of each student at least once at the appropriate elementary, middle and high school level, with the results to be provided to the parent, guardian or relative caregiver.  Code 14:122(b) (2006) also provides for the fitness assessments to be administered at common grade levels statewide.

Asthma Awareness Education
     Last Updated: 2/19/2006

Not specifically required.

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Emotional, Social, and Mental Health Education
     Last Updated: 1/11/2010

Per Administrative Codes 14:501 (2004)and 14:851 (2009), Delaware requires students in grades K-12 to receive emotional, social, and mental health education as specified in the Delaware Recommended Curriculum for Health Education. The framework requires that elementary students learn the social and mental health benefits of physical activity and emotional health strategies such as self-image, stress management, and the healthy expression of emotions. Middle School students are to learn the social and mental health benefits of physical activity, the emotional and social changes associated with puberty, the effect emotions can have on food choices, and emotional health strategies such as self-image, stress management, healthy expression of emotions, advocating for positive social environments, and how to identify and seek help for mental health problems. High school students are to learn emotional health strategies such as self-image, stress management, healthy expression of emotions, and how to identify and seek help for mental health problems.

Character Education: Not specifically required.

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HIV, STD, and Pregnancy Prevention Education
     Last Updated: 4/6/2009

Mandate: Administrative Code 14:851 (2005) requires each school district to offer a K-12 health education program that includes "comprehensive sexuality education and HIV prevention that stresses the benefits of abstinence from high-risk behaviors."

Curriculum Content: Schools must follow the Delaware Recommended Curriculum for Health Education as the basis for instruction. The state does not specify additional limitations on what can or cannot be included in such instruction.

Parental Approval: No state policy.

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Nutrition Education
     Last Updated: 12/17/2008

Administrative Code 14:852 (2004) requires nutrition education to be an integral part of the curriculum from Pre-K to 12th grade. The Delaware Recommended Curriculum for Health Education sets uniform content standards for nutrition education for elementary, middle, and high school. The general standards cover healthy eating, accessing nutrition information and products, understanding the influences on food choices, balancing food intake and physical activity, and food safety.

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Alcohol, Tobacco, and Drug Use Education
     Last Updated: 1/11/2010

Alcohol: Administrative Code 14:851 (2009) specifies that students receive instruction in drug/alcohol education as follows: 10 hours in each grade for K-4 and 15 hours in each grade for 5-12. The Delaware Recommended Curriculum for Health Education provides content standards, which includes alcohol education.

Tobacco: Administrative Code 14:851(2009) , which requires schools to provide instruction to students in grades K-12 in health education, includes tobacco as a core concept. The Delaware Recommended Curriculum for Health Education provides content standards, which includes tobacco education.

Drugs: Administrative Code 14:851 (2009) specifies that students receive instruction in drug/alcohol education as follows: 10 hours in each grade for K-4 and 15 hours in each grade for 5-12. The Delaware Recommended Curriculum for Health Education provides content standards, which includes drug education.

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Injury and Violence Prevention Education
     Last Updated: 1/11/2010

Administrative Code 14:851 (2009) requires inclusion of an evidence-based interpersonal violence prevention program in the Comprehensive Health Education Program for grades K-12.

Bullying/Harassment
: The Delaware Recommended Curriculum for Health Education (2001) provides content standards, which include teaching students in grades K-12 how to deal with and avoid bullies. The frameworks also include teaching middle school students how to handle and identify sexual harassment.

The Bullying Prevention Law (2008) requires each school district to develop a school-wide bullying prevention program to be implemented throughout the school year. 

Fighting/Gangs: The Delaware Recommended Curriculum for Health Education provides content standards, which include teaching conflict resolution and violence prevention in grades K-12.

Suicide and Other Self-Abuse Prevention: The Delaware Recommended Curriculum for Health Education provides content standards, which include teaching students in middle and high school suicide prevention, the signs of depression and mental illness, and how to receive help.

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Staff
Requirements for All Educators Regarding Health Education
     Last Updated: 12/17/2008

Professional Development: No specific state policy. However, 90-clock hours of professional development every five years are required for re-licensure for all teachers per Administrative Code 14:1511  and professional development in health topic areas may be included.

The Bullying Prevention Law (2008) requires each school district to ensure that its employees received a combined training each year of one hour in the identification and reporting of criminal youth gang activity and bullying.

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Requirements for Health Educators
     Last Updated: 12/20/2008

Pre-service Requirement: The minimum requirements for prospective health teachers in elementary, middle, and high school grades prior to licensure is a bachelor's degree in liberal arts and a major in health for grade levels 5-12. The specific details of initial licensure are outlined in Administrative Code 14:1510.  Prospective teachers in grades K-4 need only earn a bachelor's degree with 45 credit hours in a content area.

Professional Development: 90-clock hours of professional development every five years are required for re-licensure per Code 14: 1511. Further, Administrative Code 14:851 (2005) requires an annual staff development plan describing the use of effective instructional methods as part of the K-12 comprehensive health education program.

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Requirements for Physical Educators
     Last Updated: 12/20/2008

Pre-service Requirement: The minimum requirements for licensure as a physical educator are a bachelor's degree from an accredited college or university, completion of a teacher preparation program in Physical Education for grades K-12, and completion of a minimum of 27 semester hours in physical education coursework. Details of licensure can be found in Administrative Codes 14:1564 (2003).

Professional Development: 90-clock hours of professional development every five years are required for re-licensure per Code 14:1551. Further, Administrative Code 14:851 (2005) requires an annual staff development plan describing the use of effective instructional methods as part of the K-12 comprehensive health education program.

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Requirements for School Nurses
     Last Updated: 12/20/2008

Pre-service Requirement: Administrative Code 14:1582 (2003) requires a minimum of a bachelor's degree in nursing or school nursing, a current registered nursing license, three years clinical nursing experience, and current certification in CPR for a standard school nurse certificate. A registered nursing license can be acquired by fulfilling the requirements outlined in Code 19:1910 (1953), which includes a minimum of a high school diploma or its equivalent and completion of a Board of Nursing approved nursing education program. During the term of the initial education license, the school nurse must complete a 90-hour Induction Cluster of training consistent of school nursing, health education, testing and screening, counseling and guidance, and introduction to exceptional children. In addition, the nurse must successfully pass the Praxis I.

Professional Development: 90 clock hours of professional development every five years are required for relicensure per the Guidelines for Renewal of a Continuing License. Further, the Board of Nursing requires 30 hours every 2 years of nursing continuing education by approved continuing education providers as outlined in Code 19: 1918 (1953).

Student-to-Nurse Ratio: According to the state and based on district salary formula requirements, Code 14:1310 (1979) directs school districts to employ one nurse for every 40 units. Each school is also required to have at least one full-time school nurse. Administrative Code 14:275 (2004) requires charter schools to submit an acceptable plan to assure the health needs of students in school, which includes the services of a registered nurse.

Requirements for Non-Certified Personnel to Administer Medication
     Last Updated: 5/11/2009

Pre-service Requirement: Per the Nurse Practice Act (1921), only licensed nurses may administer medications. The only exception applicable to schools is on approved school field trips, as outlined in Administrative Code 14:817 (2003) which allow personnel to assist a student with medication with prior parental written consent, approval of the school nurse, and proper training. The personnel may also administer a prescribed medication for a life-threatening event.

Professional Development: Administrative Code 14:817 (2003), pursuant to the Nurse Practice Act, requires school personnel to complete a Board of Nursing approved training course designed by the Board of Education in order to assist with the administration of medication on field trips. School personnel are not required to participate in this activity.

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Requirements for School Counselors
     Last Updated: 12/20/2008

Pre-service Requirement: Administrative Code 14:1575 (2003) requires elementary school counselors to have a minimum of a master's degree from a regionally accredited college or university and either three years professional experience in an elementary school setting or a one year supervised school counseling internship in an elementary school setting as part of a graduate degree program in elementary school counseling. The master's degree must either be in elementary school counseling or have 27 semester hours in nine specific counseling areas.

Administrative Code 14:1545 (2003) requires secondary school counselors to have a minimum of a master's degree from a regionally accredited college or university and either three years professional experience in a secondary school setting, three years equivalent experience approved by the Department of Education, or a one year supervised school counseling internship in a secondary school setting as part of a graduate degree program in secondary school counseling. The master's degree must either be in secondary school counseling or have 27 semester hours in nine specific counseling areas.

Professional Development: 90-clock hours of professional development every five years are required for re-licensure per the Code 14:1511. Of these 90 hours, 45 must be activities that relate to the school counselor's work with students or staff.

Student-to-Counselor Ratio: None specified.

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Requirements for School Psychologists
     Last Updated: 6/25/2008

Pre-service Requirement: Administrative Code 14:1583 (2004) requires a minimum of a bachelor's degree from a regionally accredited college or university, completion of a 60 credit, organized school psychology program approved by the National Association of School Psychologists or the American Psychological Association, and a 1200 hour or more supervised internship of which 600 hours must be completed in a school setting within two years. Of the 60 credits, 54 must be exclusive of the internship. A valid certificate from the National Psychology Certification Board or a school psychologist certificate from any State Department of Education in the U.S is also acceptable. Further possible requirement options are detailed within this code.

Professional Development: 90-clock hours of professional development every five years are required for re-licensure per the Guidelines for Renewal of a Continuing License. Of these 90 hours, 45 must be activities that relate to the school psychologist's work with students or staff.

Student-to-Psychologist Ratio: Code 14:1321 (2005) allows districts to employ a school psychologist for every 3,000 students in grades 4-12.

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Requirements for School Social Workers
     Last Updated: 12/20/2008

Pre-service Requirement: Administrative Code 14:1584 (2004) requires a minimum of a master's degree in social work from a regionally accredited college or university with two years of successful full-time work as a social worker and either one year of supervised experience in a school setting or a one year, 1000 hour supervised internship approved by the Department of Education.

Professional Development: 90-clock hours of professional development every five years are required for re-licensure per the 14:1511. Of these 90 hours, 45 must be activities that relate to the school social worker's work with students or staff.

Student-to-Social Worker Ratio: None specified.

Requirements for Food Service Personnel
     Last Updated: 7/14/2008

Pre-service Requirement: None specified.

Professional Development: No specific policy; however Administrative Code 14:852 (2004) requires, Food service personnel use training and resource materials developed by the Department of Education and the United States Department of Agriculture to motivate children in selecting healthy diets".

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Requirements for Athletic Coaches
     Last Updated: 7/19/2008

Pre-service Requirement: None specified.

Professional Development: None specified.

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Health Promoting Environment
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Wellness Policies
     Last Updated: 7/21/2008

 Additional Accountability Requirements: None

Additional Content Requirements: None. 

Guidance Materials: None

Other: Code 14-133 formed a statewide council (the Health Advisory Council) that will exist until 2011 to, amongst other duties, provide guidance to the state Department of Education and ensure that each school district has a health leadership team per Section 204 requirements.

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School Meals Program
     Last Updated: 3/22/2013

Food Services: Administrative Code 14:852 (2004) requires each school district to implement a Child Nutrition Policy that minimally provides nutritious and balanced meals, and purchasing practices that ensure the use of quality products.

HB03 (2011) prohibits public schools and school districts from making any food containing artificial trans fatty acid available to students in grades K-12 during school hours. A food contains trans fatty acid if it is labeled as containing vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, or if it contains more than 0.5 gram per serving of vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil as an ingredient.

Adequate Time to Eat: Administrative Code 14:852 (2004) requires adequate time to eat breakfast and lunch. "Adequate" is not defined.

School Breakfast: No state policy.

Food Allergies: No state policy.

Farm-to-School: The Departments of Education, Agriculture and Health and Social Services signed a Memorandum of Agreement in 2010 focused on farm to school initiatives. The Memorandum of Agreement to Promote Healthy Eating and Nutrition Awareness included the following: (1) the identification of local agriculture producers and processors who can supply farm products, (2) development of a comprehensive "farm to school" strategy, (3) the development of new or enhancement of existing School Nutrition Programs incorporating local agricultural products, and (4) the development of  new school nutrition curricula or enhancement of existing, which may include school gardens.

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Competitive Foods in School
     Last Updated: 6/2/2014

Statute Title 14, Sec 4136 (2011) prohibits public schools and school districts from making any food containing artificial trans fatty acid available to students in grades K-12 during school hours. A food contains trans fatty acid if it is labeled as containing vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, or if it contains more than 0.5 gram per serving of vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil as an ingredient.

Administrative Code 14:852 requires, foods sold in addition to meals be selected to promote healthful eating habits and exclude those foods of minimal nutritional value."

 

Fundraising Exemptions:

As of July 1, 2014, all fundraisers must meet USDA's Smart Snacks standards.

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Physical Activity Other Than Physical Education
     Last Updated: 12/20/2010

General Physical Activity Requirement: No state policy.

Recess or Physical Activity Breaks: No state policy recommending or requiring recess.

Recess Before Lunch: No state policy.

Walking/Biking to School: Administrative Code 10:17 (2002) authorizes the Department of Transportation to establish and administer a Safe Routes to School program to make grants available to schools and school districts. Grants are to be used to decrease child injuries and fatalities and to increase bicycling and walking among students.

Organized Sports
     Last Updated: 11/1/2013

Interscholastic Athletics: Administrative Code 14:1001 (2002) states, Local school districts shall establish their own academic eligibility criteria for participation in extra-curricular activities for all extra-curricular activities except for interscholastic athletics", which are defined in Administrative Codes 14:1008 and 14:1009 (2004).

Concussion and Sports-Related Head Injury: Administrative Code 14:303 (2011) requires the Delaware Interscholastic Athletic Association to work in collaboration with the Department of Education to adopt rules and regulations applicable to member schools regarding the appropriate recognition and management of student athletes exhibiting signs or symptoms consistent with a concussion.  The rules and regulations shall include, but not be limited to, the following requirements:
(1) Each student athlete and the athlete’s parent or guardian shall annually sign and return a concussion information sheet designed by the Association prior to the athlete initiating practice or competition.
(2) Each coach shall complete concussion training consistent with a timetable and curriculum established by the Association. 
(3) A student athlete shall be promptly removed from play if the athlete is suspected of sustaining a concussion or exhibits signs or symptoms of concussion until completion of assessment by a qualified healthcare professional or medical clearance.
(4) Written clearance for return to play after a concussion shall be from a qualified physician.

Automated External Defibrillator (AED): No state policy.

Safe and Drug-Free Schools
     Last Updated: 5/11/2009

Administrative Code 14:605 (2003) requires all school districts and charter schools to have their own policies on student rights and responsibilities, based on the Department of Education's Guidelines for the Development of District Policies on Student Rights and Responsibilities (1988). These guidelines grant school officials authority to maintain an orderly and safe educational environment.

Fighting/Gangs:No state policy.

Weapons: Administrative Code 14:605 requires all school districts and charter schools to have their own policies on student rights and responsibilities, which must comply with Administrative Code 14:603 (2003). This statute requires each school district and charter school requesting assistance under the Elementary and Secondary Education Act to have a written policy requiring students who have brought a firearm to school, or possessed a firearm at school, to be expelled for at least one year.

Code 14:4112 and Administrative Code 14:601 require the reporting of the possession of weapons on school property or at a school function by school employees to the principal, who then reports to the police and the Department of Education. 

Drugs and Alcohol: Administrative Code 14:612 (2003) states, in all public school districts, The possession, use and/or distribution of alcohol, a drug, a drug-like substance, a look-alike substance and/or drug paraphernalia are wrong and harmful to students and are prohibited within the school environment". All the items listed, when found, are to be turned over to the principal or designee for documentation and turned over to the police when required by law.

Each district must also have a policy on file that is periodically updated. The policy must contain provisions for: parent notification of the state and district policies, a statement that all policies apply to all students equally except in respect for students with disabilities, written procedures for reporting incidents to the police and parents or guardians while maintain confidentiality, written evidence storage and documentation procedures, a written policy on search and seizure, a program of assistance for students with counseling and referral to services, a discipline policy which contains minimum penalties as defined in this Code, and a policy for dealing with cases involving drug-like or look-alike substances for establishing intent to use, possess, or distribute.

Collaboration with Law Enforcement: Administrative Code 14:601 requires all local school districts, charter schools, and alternative schools or consortia to establish a policy on school/police relations, resulting in a Memorandum of Agreement with each police department which provides services to said schools.

Bullying, Harassment and Hazing
     Last Updated: 7/30/2012

Bullying/Harassment: 2008 Bullying Prevention Law defines bullying and requires each school district to prohibit bullying and reprisal, retaliation or false accusation against a target, witness or one with reliable information about an act of bullying.  The Act requires each school district and charter school to establish a policy which includes the following components: (1) A statement prohibiting bullying on school property, at school functions, or by the use of data or computer software accessed through a computer, system, network or other electronic technology of a school district, (2) A definition of bullying no less inclusive than that in the Act, (3) Direction to develop a school-wide bullying prevention program, (4) A requirement that each school establish a committee responsible for the coordination of the school's bullying prevention program, (5) A requirement for school employees to report information regarding suspected targets of bullying, (6) A plan for a system of supervision in non-classroom areas, (7) Consequences for bullying and a statement prohibiting retaliation following a report, (8) A requirement for parental notification and procedures for a student and parent, guardian or caregiver to provide information on bullying activity, (9) A requirement that incidents must be reported to the Department of Education within five working days, regardless of whether or not the school could substantiate the incidents (10) Procedures for communization between school staff members and medical professionals involved in treating students for bullying issues, and (11) A requirement that the school bullying prevention program be implemented throughout the year, and integrated with the school's discipline policies.  The Act requires the Department of Education to develop a model policy for school districts to follow.  It also provides immunity to individuals involved in reporting acts of bullying in the school environment. It also requires the Department of Education to conduct random audits of schools to determine compliance with the law.

Administrative Code 14:601 (2002) requires the Superintendent of each school district and program administrator for each charter school and alternative school or consortia to report to the Department of Education incidents, within five days of occurrence, of bullying. Code 11:1311 (1953) states that harassment, which is any attempt to harass, annoy, or alarm another person, is a class B misdemeanor offense. Code 14:4112 (no date available) also requires any school employee with reliable information of the sexual harassment of a student under the age of 18 on school property or at a school function to report the incident to the principal. The principal is not required to contact the police, but must file a written report with the Department of Education.

Cyberbullying:  2008 Bullying Prevention Law defines bullying and requires each school district to prohibit bullying and reprisal, retaliation or false accusation against a target, witness or one with reliable information about an act of bullying.  The Act requires each school district and charter school to establish a policy which includes a statement prohibiting bullying on by the use of data or computer software accessed through a computer, system, network or other electronic technology of a school district (cyberbullying).

Hazing: Code 14:9303 (no date available) states, Any person who causes or participates in hazing commits a class B misdemeanor." Code 14:9304 (no date available) requires all educational institutions to adopt a written anti-hazing policy, with penalties including fines, withholding diplomas and transcripts, probation, suspension, or dismissal from school. Organizations who authorizes hazing may be prohibited from operating and have their official recognition revoked by the educational institution.

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Crisis Management/Emergency Response
     Last Updated: 9/10/2010

Response and Management Plans: Administrative Code 14:621 (2009) requires all public and charter schools and alternative program sites to have a written policy outlining an emergency preparedness plan consistent with the Emergency Preparedness Guidelines. In addition, the district policy must state how the emergency preparedness plan be implemented at each school within the district. The district policy must require at least one emergency crisis event or crisis situation annually.

Administrative Code 14:608 (2003) allows students who are the victim of a violent felony while in or on school grounds, or who are enrolled in a persistently dangerous school", to transfer to another safe school within the same school district.

In light of the terrorist attacks, SJR No. 1 (2005) directs the department of education and department of homeland security to update and revise existing school safety emergency procedures practiced by local districts which should include lock down" procedures that prevents entrance into the building except from one entry way and allows the occupants to exit.

Reporting Incidents of Violence: Code 14:4112 requires the reporting of violent crimes against students, volunteers, school employees, or that occur on school property or at a school function, including sexual offenses, assault, possession of weapons, or any violent felony. These reports are to be made by school employees to the principal who then reports to the Department of Education and, in specific cases, to local law enforcement.

Administrative Code 14:601 (2002) requires the Superintendent of each school district and program administrator for each charter school and alternative school or consortia to report to the Department of Education all school crimes stated in Code14:4112. Seven other crimes, including bullying, theft, and vandalism, are also to be reported within five days of their occurrence.

Tobacco Use
     Last Updated: 4/28/2008
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Code 16:29-2903 (2002) prohibits smoking in public and nonpublic schools. Administrative Code 14:877 (2003) requires each school district and charter school to have a policy that prohibits the use of or distribution of tobacco products in school buildings, on school grounds, in school leased or owned vehicles, even when they are not used for student purposes, and at all school affiliated functions.  Note: Delaware meets CDC's definition of a comprehensive tobacco-free schools policy.

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Air Quality
     Last Updated: 12/20/2008

No state policy. Districts abide by EPA indoor air quality standards.

Pesticide Use
     Last Updated: 12/20/2008

No state policy. Pesticide use is a decision made by district school boards.

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Playground/Facility Safety
     Last Updated: 1/2/2006

No state policy.

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Student Services
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Screening for Health Conditions
     Last Updated: 6/25/2010

Vision and Hearing: Administrative Code 14:815 (2003) states, each public school student in kindergarten and in grades 2, 4, 7 and grades 9 or 10 shall receive a vision and a hearing screening by January 15th". Additionally, screening shall also be provided to new enterers, students referred by a teacher or an administrator, and students considered for special education".

Chronic Health Conditions: No state policy.

Body Mass Index (BMI) Screening: No state policy.

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Administration of Medications
     Last Updated: 6/11/2009

Staff Administration: Administrative Code 14:817 (2003) allows the administration of prescription and non-prescription medication by a school nurse if a written request is received from a parent or guardian, a properly labeled medication is brought in its original container to school, any allergies are noted, and annual reauthorization of long-term medication is conducted.

Self-Administration of Asthma Medication: Administrative Code 14:612 (2003), Section 3.11 states that each school district that has a policy must permit the use and possession of an asthmatic quick relief inhaler with an individual prescription label by a student with the following provisions: the student uses the inhaler as directed by a state licensed health practitioner, written authorization for the student to possess and use the inhaler is provided, and a statement releasing the school district and its employees from any liability resulting from the student's use and possession of the inhaler is given.

Self-Administration of Anaphylaxis Medication: Administrative Code 14:612 (2003), Section 3.11 states that each school district that has a policy must permit the use and possession of an auto-injectable epinephrine with an individual prescription label by a student with the following provisions: the student uses the auto-injectable epinephrine as directed by a state licensed health practitioner, written authorization for the student to possess and use the epinephrine is provided, and a statement releasing the school district and its employees from any liability resulting from the student's use and possession of the auto-injectable epinephrine is given.

Psychotropic Medications: Delaware has no policy specific to psychotropic medications. However, Administrative Code 14:817 requires controlled substances to be kept under double lock and counted and reconciled every month.

Storage and Record-keeping: Administrative Code 14:817 requires school districts to maintain a record of all students receiving assistance with medication, including the student's name, the name of the medication, the dose, the time of administration, the method of administration, and the name of the person assisting. This code also requires controlled substances to be kept under double lock and counted and reconciled every month. Administrative Code 14:811 (2003) requires school nurses to document any services provided to students.

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Counseling and Mental Health Services
     Last Updated: 8/13/2008

Requirement to Provide Services: Administrative Code 14:545 (2005) requires each school district to have a written school counseling plan, to be reviewed and updated every three years, which includes the American School Counselors Association's National Standards for School Counseling Programs in the area of personal and social development.

Identification of Students with Mental or Emotional Disorders: Delaware has no specific policy addressing the identification or counseling of students with mental or emotional disorders. However, Administrative Code 14:925 (2000) states, Each school district and any other public agency responsible for the education of children with disabilities shall identify, locate and evaluate or reevaluate all children with disabilities residing within the confines of that district or other public agency, including children in private schools".

Substance Abuse: Administrative Code 14:612 (2003) requires district drug and alcohol policy to include provisions for A program of assistance for students with counseling and referral to services as needed".

Suicide Prevention: No state policy.

HIV, STD, and Pregnancy Testing and Counseling: No state policy.

Immunity of Liability: No state policy.

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Immunization
     Last Updated: 8/19/2010

Detailed, current information about immunization requirements by state is maintained by the National Network for Immunization Information.  Select your state from the drop down box under Search for State Vaccine Requirements for School Entry."

ExemptionsStatute 14: 131 (no date available) allows exemption from immunization requirements under the following circumstances: (1) Presentation of a written statement from a physician, i.e., medical doctor or doctor of osteopathy, stating that the student should not receive the prescribed immunizations because of the reasonable certainty of a reaction detrimental to that person (history of clinical illness of measles or rubella not acceptable as cause for exemption), or (2) Presentation of a notarized Affidavit of Religious Belief (outlined in statute) that states that the parents or legal guardians of the student reject the concept of immunization because of individual religious beliefs.  In the case of a vaccine preventable epidemic, any child enrolled in school who is exempt from the immunization program shall be temporarily excused from attendance at public school.

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Accommodation
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Staff with HIV
     Last Updated: 1/2/2006
No state policy.
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Students with HIV
     Last Updated: 1/2/2006
No state policy.
Pregnant or Parenting Students
     Last Updated: 5/11/2009

Administrative Code 14:930 (2005) delineates eligibility for Homebound Instruction for students with pregnancy, whose doctor documents complication by illness or other abnormal condition. Those remaining in schools are eligible for supportive instruction during a postpartum period not to exceed six weeks."

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Individual Health Plan for Students
     Last Updated: 5/8/2009

Administrative Code 14:811 (2003) requires a school health record to be prepared, documented, and kept confidential by a school nurse for each public school student. Administrative Code 14:817 (2003) also requires the school nurse to be included in the IEP team for students who require significant medical and/or nursing interventions.

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Coordination/ Implementation
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Coordinating or Advisory Councils
     Last Updated: 8/14/2008

State-level: No state policy.

Local-level: Administrative Code 14:851 (2005) requires each school district to appoint persons such as teachers, parents, school nurses, community leaders, guidance counselors, law enforcement officers and others with expertise in areas of health, family life, and safe and drug free schools and communities" to serve as members of the District Consolidated Application Planning Committee.

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School Health Program Coordinators
     Last Updated: 8/18/2008

State-level: No state policy.

Local-level: Administrative Code 14:851 (2005) requires the identification of a district level person to coordinate the district [K-12 Comprehensive Health Education Program] and a coordinator in each building to assure compliance at the building level.

Confidentiality
     Last Updated: 8/18/2008

Student Health-Related Records: Administrative Code 14:811 (2003) requires a school health record to be prepared, documented, and kept confidential by a school nurse for each public school student. The Code allows information on emergency treatment cards to be shared only on a need to know basis.

Student Health-Related Services: Administrative Code 14:251 (2005) formally adopts federal FERPA regulations and any future amendments. Each school district, charter school, and private school is required to adopt and maintain a written policy regarding the confidentiality of all educational records of its students.

Limitations on Student Surveys
     Last Updated: 1/2/2006
No state policy.
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