Regulations and Code

Under State of Delaware law, the Delaware Department of Education (DDOE) is required to exercise general control and supervision over all public schools in the state. DDOE supports districts and charter schools with resources, professional development, grant access and more so that all Delaware students are ready for success in college, career and life. The DDOE develops regulations with input from staff. In some cases, the Department may convene stakeholders to inform proposed updates. Delaware education laws and regulations are often formed in partnership with the:

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Resources
Comments on Proposed Regulations

Professional Standards Board (PSB)

The Professional Standards Board (PSB) develops regulations with input from the Licensure and Certification Committee which makes recommendations to the full Professional Standards. All PSB meetings (including committees) are open to the public.

Delaware Interscholastic Athletic Association (DIAA)

The Delaware Interscholastic Athletic Association (DIAA) develops regulations with input from the Rules and Regulations Committee, and other DIAA committees, which make recommendations to the DIAA Board of Directors. All DIAA meetings (including committees) are open to the public.

State Board of Education (SBE)

The State Board of Education (SBE) advances education policies, which include approving regulations governing over 100 topics such as content standards, assessments, graduation requirements, educator evaluation, licensure and certification, among many others. Regulations are sent to the State Board of Education for final order from PSB, DIAA, and DDOE. All SBE meetings are open to the public.

Discussion and Public Comment

The proposed regulation is typically placed on the State Board agenda during the month that a regulation is published in the Register of Regulations and the Delaware Department of Education’s Regulations and Code page for discussion. Public comment must be submitted via written comment. However, members of the public are also welcome to provide in-person comment on a regulation during SBE board meetings in conjunction with their written comment.

Following the public comment period, and once the public comment has been reviewed and considered, the responsible entity (DDOE/PSB/DIAA) must bring a proposed regulation forward to the State Board of Education for action. The Board may ask questions regarding the regulations or the public comment received. By state law, the State Board must consider the regulation on the record and new public comment cannot be received at that time.

Providing Public Comment

Persons wishing to present their views on any DDOE regulation may do so by close of business on or before the date noted in the proposed regulation. Comments are considered public record and published in their entirety. Please do not include information in your public comment that you do not want to appear online.

Emergency, Proposed, and Final Regulations

All emergency, proposed and final regulations must be posted in Delaware’s Register of Regulations.

Provide Public Comment

Resources

Delaware education laws – Learn more about Delaware’s current laws for public education as outlined in Title 14 of the Delaware Code.
Delaware education regulations – Find the rules and regulations DDOE has adopted to carry out Delaware’s education laws, including SBE regulations, PSB regulations and DIAA regulations.
Delaware Legislators – Learn more Delaware Legislator assignments and which school district and charters they serve.
Register of Regulations – An official State publication and is published on the first day of each month throughout the year. The Register is a compilation of all regulatory changes occurring in a given month.
Process for for providing public comment at SBE board meetings – Members of the public are welcome to speak before the SBE during the scheduled public comment period at every regular board meeting. Please note, this is to be done in conjunction with their written comment.
Process for providing public comment on items without a public comment period at SBE board meetings – Members of the public are welcome to comment on items that are on the Board’s agenda for action that do not have a defined public comment period such as an emergency regulation.

Comments on Proposed Regulations

The following regulations are proposed and out for comment. Click on the regulation number to see the current posted comments for that proposed regulation, or view comments for all proposed regulations.

Number	Title	Comment Period Close	Comment Count
1008	DIAA Junior High and Middle School Interscholastic Athletics	05/02/24	0
1009	DIAA High School Interscholastic Athletics	05/02/24	0
101	State Assessment System	05/01/24	1
1028	Student Athlete Eligibility - Enrollment and Attendance	05/02/24	0
1035	In-Season Athletic Activities and Contact	05/02/24	0
1043	Officials	05/02/24	0
1539	Health Education Teacher	04/01/24	3
1564	Physical Education Teacher	04/01/24	3
506	Policies for Dual Enrollment and Awarding Dual Credit	05/01/24	0
603	Compliance with the Gun-Free Schools Act	05/01/24	0
737	Tuition Billing for Special Schools and Programs	05/02/24	0
805	The School Health Tuberculosis (TB) Control Program	04/01/24	0