14 DE Admin. Code 609. District and School-Based Intervention Services

Department of Education

Office of the Secretary

600 School Climate and Discipline

609 District and School-Based Intervention Services

1.0 Purpose

Pursuant to 14 Del.C. §1605 , this regulation establishes requirements for school districts and charter schools to provide school-based intervention services for students whose behavior disrupts the classroom learning environment and sets forth the process for requesting and distributing funding from the Department of Education, subject to appropriations by the Delaware General Assembly.

29 DE Reg. 765 (03/01/26)

2.0 Provision of Services

Each school district and charter school shall provide services for students whose behavior disrupts the classroom setting and creates distractions that impede the learning process, but who are not eligible for placement in an alternative program pursuant to 14 DE Admin. Code 611 . School districts and charter schools shall provide such services based on the identified needs of the district or school, subject to the requirements of this regulation. 29 DE Reg. 765 (03/01/26)

3.0 Application for Funding

3.1 The Department of Education shall establish the process and requirements for requesting funding under this regulation.

3.2 Any school district or charter school requesting such funding shall submit an application in accordance with the Department of Education’s policies and in compliance with applicable State laws and regulations.

3.3 State funding shall only be available by the Department of Education when the Delaware General Assembly appropriates such funds.

13 DE Reg. 1301 (04/01/10)

29 DE Reg. 765 (03/01/26)

4.0 Student Population to be Served

Services funded under this regulation may be provided to any student in grades K to 12, subject to the requirements established by the Department of Education in its application for such funds and annual appropriations or conditions set forth by the Delaware General Assembly

l Assembly appropriates such funds.

13 DE Reg. 1301 (04/01/10)

29 DE Reg. 765 (03/01/26)

4.0 Student Population to be Served

Services funded under this regulation may be provided to any student in grades K to 12, subject to the requirements established by the Department of Education in its application for such funds and annual appropriations or conditions set forth by the Delaware General Assembly. Notwithstanding any of the provisions to the contrary, IDEA-identified students with disabilities shall be served pursuant to the provisions in 14 DE Admin. Code 925 and students with disabilities identified under Section 504 of the Rehabilitation Act shall be served in conformity with 34 C.F.R. Part 104.

13 DE Reg. 1301 (04/01/10)

29 DE Reg. 765 (03/01/26)

5.0 School-Based Intervention Programs

5.1 If a school district or charter school uses funding awarded under this regulation to provide a school-based intervention program, the program shall meet the following requirements:

5.1.1 A school-based intervention program shall include both short-term and long-term intervention strategies. The program shall be designed to incorporate the student’s regular curriculum and evidence-based intervention strategies, within a Multi-Tiered System of Support, or MTSS, framework, whenever these strategies are available. Strategies may include character education, social skills development, conflict resolution, access to counseling services, and behavior modification strategies. The program shall also aim to improve school climate and create a safe and supportive learning environment that enhances outcomes for all students. The program shall include support services to provide a smooth transition for students who are returning to their regular school from a Consortium Discipline Alternative Program or from a Department of Services to Children, Youth and their Families, or DSCYF, setting

ll also aim to improve school climate and create a safe and supportive learning environment that enhances outcomes for all students. The program shall include support services to provide a smooth transition for students who are returning to their regular school from a Consortium Discipline Alternative Program or from a Department of Services to Children, Youth and their Families, or DSCYF, setting.

5.1.2 The decision to place a student in a school-based intervention program shall be made by the student’s school-based problem-solving team consistent with 14 DE Admin. Code 508 . The team shall have a process for communicating the placement decisions to the student, and, if the student is under 18, to the parent or guardian.

5.1.3 When placing an IDEA-identified student with a disability in a school-based intervention program, the school-based problem-solving team, and the student’s IEP team may be the same, provided the team membership also meets the requirements of 14 DE Admin. Code 925 . When placing a student with a disability identified under Section 504 of the Rehabilitation Act, the school-based problem-solving team may be the same as a multidisciplinary team authorized to make placement decisions, provided the team membership also meets the requirements of 34 C.F.R. 104.35

13 DE Reg. 1301 (04/01/10)

29 DE Reg. 765 (03/01/26)

6.0 Evaluation of Services

6.1 Any school district or charter school receiving funding pursuant to this regulation shall submit an annual evaluation report on the effectiveness of its school-based intervention program.

6.2 The report shall be submitted to the Department of Education in accordance with the application for such funds and shall conform to the content and format standards established by the Department of Education, including any metrics required to evaluate the effectiveness of the program. The Department of Education shall provide a template to guide school districts and charter schools in preparing the report.

13 DE Reg. 1301 (04/01/10)

29 DE Reg. 765 (03/01/26)

8 DE Reg

nce with the application for such funds and shall conform to the content and format standards established by the Department of Education, including any metrics required to evaluate the effectiveness of the program. The Department of Education shall provide a template to guide school districts and charter schools in preparing the report.

13 DE Reg. 1301 (04/01/10)

29 DE Reg. 765 (03/01/26)

8 DE Reg. 1008 (01/01/05)

13 DE Reg. 1301 (04/01/10)

23 DE Reg. 109 (08/01/19)

29 DE Reg. 765 (03/01/26)